Have i got a case with the Woolwich? **WON**

[kfiggitt]

Hi all,

My name is k. I have just registered today.

My partner and i have a joint current account with the Woolwich which we opened summer 2005. We asked for an overdraft facility a short while ago as our bills are sometimes debited before funds have cleared. We were refused as i have a low credit score. (My partner has a high credit score.)

My partner also has an open plan current account with Woolwich and a large overdraft with it. He has had his own account with them for years.

To date we have been charged £390 in unpaid direct debit charges!

Can i claim any of this back and if so how?

Please can someone advise me as i am new to all this.

Thanks.

K.

	The Direct Debit Guarantee • The Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. • If the amounts to be paid or the payment dates change, we will notify you three working days in advance of your account being debited or as otherwise agreed. • If an error is made by us or by your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. • You can cancel a Direct Debit at any time by writing your Bank or Building Society. Please also send a copy of your letter to us. This is a term of your banking contract and you can sue on it.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[richardc]

Welcome. Please do as we ask all newcomers - read the FAQs and around the forum.. This will take some time, but you will find all the answers you need.

[sportbeth]

In short yes. Anything that constitutes a charge is claimable (is that a word)

I collected £360 in one month when my employer failed to pay me and folded his company. That figure then grew to £820 with daily/monthly interest, unauthorised overdraft fees etc. There was nothing I could do, from the moment my boss landed me in the poo there was no way I could afford to put in any cash into that account until I got back on my feet.

I got the whole lot back, got the negative credit info off my file and kept my account

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[kfiggitt]

I sent my letter from the bank templates section on 28th March.

I received my first letter from the Woolwich on 30th March. They apolagised to hear of my problems and say my case has been referred to a case manager and my complaint will be resolved by 28th April 2006. They also enclosed some leaflets on their customer care. What a joke!

On 11th April i received my second letter from the Woolwich assuring me they are giving my matter full attention and are continuing to investigate my concerns. They also state i can contact them by phone if i want to but will be in touch shortly.

Now what happens? Sorry just want to make sure i am clued up 100%.

K

[Janet-M]

Do not let them dictate the speed , you stick to whatever deadline you gave them.If they have not replied by the date you gave then go on to the next step.

[kfiggitt]

thanks for your reply mjanet.

I gave them 14 days to reply to my 1st letter which they did. I then said if i hadn't heard anything positive after another 14 days i will then cease communication and take action.

So far this is going as planned. If i havent heard anything by 28th April i will proceed further.

What should i do if they offer me a third or half of what i want back? Do i accept or carry on until i get the full amount?

K x

[Janet-M]

If you read around the forum you will see that people are being offered a % of there claim and refusing it only to be next offered the full amount .You must be fully aware that when starting a claim it may go into court and you should be prepared.I personally would refuse a part payment on my own money unlawfully taken and hold out for the full amount.
If you read around and see how others have got on in this situation it will give you a beter indication on what to do
Any decisions you make must be your own ,users of this forum are here to support you in your decisions.

[kfiggitt]

thanks mjanet,

Just looking for guidance and have read a few forums since last post.

Thanks for all your advice and i will keep you informed of any updates.

K x

[kfiggitt]

Got my third letter from the Woolwich today. They are offering me £210 of the £400 i am claiming for.

I am happy they have taken my opinions seriously however i want all of my £400 back!

I am going to accept this offer in writing but state i am going to take matters further to recover the remainding £190!

Any thoughts kindly appreciated.

K x

[kfiggitt]

I have read all the forums and faqs however i am seeking some advice as i havent found an answer to my question.

In my 3rd letter from the Woolwich they quote, in regards to the refund offer of £210 "i am sure you will appreciate that i will not be able to repeat this gesture should a simular situation occur in the future".

Does this mean if i accept this offer they will not pay the remainding £190 should i pursue the rest through the courts?

Please can anyone help?

K x

Thats correct they will not pay up.

The only way to get the money is to start action

[kfiggitt]

What should i do now? I was going to accept the refund and take action to recover the other £190. If they arent going to pay though i could end up getting nothing.

Should i write a letter declining the offer stating the reason that i want the full amount and that i am going to take action?

Please can someone help and advise me?

Thanks

K x

[dw190]

Originally Posted by kfiggitt

What should i do now? I was going to accept the refund and take action to recover the other £190. If they arent going to pay though i could end up getting nothing.

Should i write a letter declining the offer stating the reason that i want the full amount and that i am going to take action?

Please can someone help and advise me?

Thanks

K x

Just a simple letter declining their offer as totally unacceptable. They know the reasons.

Reduce the time to Seven Days or you will commence a claim in the Small Claims Court without further notice.

[kfiggitt]

Thanks dw190 for the advice.

I have just finished drawing up my letter and it will be in the 1st class post tomoorow.

Will keep my post updated as and when i hear anything.

Thanks again,

K x

[kfiggitt]

Successfully filed claim 12th May.
Got a letter today from the court stating the Woolwich are acknowledging my claim. They have 28 days to file a defence.
Fingers crossed they don't as i am a bit nervous. But i will get what i am owed!

K x

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[kfiggitt]

Hi all,

Had a letter from barclays head office offering a further £150 on top of the £210 which they say they have already paid and haven't as full and final settlement. This means they are trying to fob me off by paying me a total of £360 when i am claiming £440!

I have left an answer phone message for the man who wrote this letter to contact me. It states i should ring him if i wish to discuss the letter or if i feel there are further issues he needs to consider. Too right the cheapskate!

Wil keep you informed.

K x

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[kfiggitt]

Hi all again,

Had a phone call back from barclays this afternoon re: the messsage i left for them to call me. Received their letter 7th June 2006.

I pointed out that there is a discrepancy in the letter. Barclays stated i had already been paid £210 as a goodwill gesture and were willing to offer a further £150. This would bring the total they would offer me to £360! The amount i am claiming back is £440 inc court costs.

Mr Barclays said that this would be their final offer and would not go any higher. I said this was not acceptable and look forward to seeing their defence in court along with media attention.

I then thanked Mr Barclays for returning my call and signed off.

Anyone any thoughts?

K x

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

[derek.grice]

This is my first thread, I am watching this with interest as I plan to spend the weekend reading the FAQs and following some posted cases before sending a first letter to the Woolwich. I was intrigued by the Bank's use of the term "Goodwill Gesture". Is this a typical response that simply does not acknowledge unreasonable charges or are there any lawful reasons for it's use that could trip us up????
Anyone come accross this as an issue?

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[slimliz30]

hi,just keep to your timetable and not theirs....you will get all your money refunded as i did from the woolwich of over £1,000...they will go right to the wire as per the courts but will settle before it gets there...so do not worry and good luck...paul

[Mumofthreeboys]

Originally Posted by derek.grice

This is my first thread, I am watching this with interest as I plan to spend the weekend reading the FAQs and following some posted cases before sending a first letter to the Woolwich. I was intrigued by the Bank's use of the term "Goodwill Gesture". Is this a typical response that simply does not acknowledge unreasonable charges or are there any lawful reasons for it's use that could trip us up????
Anyone come accross this as an issue?

Well done you for taking the weekend to read around and read the FAQ's before you start - it'll probably take that long to get your head around it and then all will become clear!!

Answer to your question - the former!!

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.