Woolwich - Charges and default

[Yasmin]

Hi B F........Yep they defaulted me for a debt comprising solely of their charges. Penalty chgs. Direct debits returned. Have eventually refunded full amount around£800- and say they will now close my account, but I may apply for a classic account, obviously with no facilities as they have defaulted me Contacted Experian, have now come back saying the woolwich are satisfied default entered correct. I have now requested statements, as will claim charges since account opened. They have replied requesting £10 for statements which I will send, and have also advised me that they are looking into complaint and
hope to resolve by 4th April
Not really sure about next stage, as the default is priority, and not convinced that they will resolve anything by 4th April.

	Credit Report Click link to open in new window.

[sportbeth]

When I argued the default it came off very quickly. And so did my one with the Next Directory. I think they can take it off in one day, it's whether or not they are being awkward or not

[Yasmin]

Hi B F please reply when u hav time, grateful of ur advice as to next stage.
Thanx Sportbeth, How long did it take them to remove default from time you complained? Was it all in writing and how did they finally cave in ? LOL any tips useful.

[disneyman]

Hi Yasmin - just read the thread. As I see it they have admited that the charges were unlawful hence there return to you. This therefore makes the Default entry also unlawful. Maybe a strongly worded letter sent to them pointing this fact out to them (possibly threatening legal action) will make them think twice.

Disneyman

[sportbeth]

It was pretty damn quick - less than a month. And it just kind of disappeared!!

They made out it was a gesture of goodwill which was a bit annoying, it was more a matter of true fact and rubbish on their part putting it there in the first place!

I think with the Woolwich though you have to accept that everything is "goodwill" with the Woolwich, they don't admit liability on anything

[Yasmin]

Woolwich defaulted me on debit balance , over £700 comprising soley of their unlawful charges. Have finally refunded full amount but refusing to remove default...requested further statements, from time account opened , also strong letter of complaint. Received statements yesterday, no further charges to claim. Apparantly they have passed my letter to data protection dept. Barclays, so now awaiting response from them........if they don't remove it I will take this one further

[Yasmin]

The Woolwich sent me statements duplicated by Barclays Data Dept. Returned my payment of £10- saying it was unnecessary...LOL Neither of them addressed any of my complaints again. Called the Woolwich this afternoon , explained not satisfied , complaint still not resolved. Have given them a further 14 days, which I feel is very generous, they don,t deserve it. Will put this in writing . If I don't have this default removed by then, definately want to take this further.....

[Yasmin]

Have actually only given them 7 days, has been going on long enough. As they defaulted me on a debit balance comprising only of charges around £800- online dispute with credit ref. agencies but they are still refusing to remove it. Could you suggest next stage please....anyone

[sportbeth]

I would suggest either :-

You request an original copy of the default notice - tactically you are looking for them here to cough up the info and double check that it was executed properly in the first instance. They might stall at that point realising that you won't go away.

If they do cough it up,. I suggest that you then go to the information commissioner and both credit reference agencies and ask them to consider both their letter/default notice and judge that the default notice was improperly executed considering that it was solely based on a charge that was not only illegal but now refunded.

Don't give up hope, I would imagine that this is going to become a big issue and with luck if this doesn't work there will be many more instances like yours soon enough and if this doesn't work we will find a way around it. God knows why they would remove mine and not yours though - it's sheer bloody mindedness!!

	Credit Report Click link to open in new window.

[Yasmin]

Thanx for all your advice Sportbeth, will keep you posted....

[Yasmin]

Well, another useless letter this morning from the woolwich. My original case manager has now passed the buck to one of her female colleagues who has basically repeated everything. In other words even though they have refunded all of the penalty charges, they are still refusing to remove the default. They will not budge even though the total debit balance on the account was their illegal charges. Online dispute with credit ref. agencies but they still will not admit to it!!! Eagerly awaiting B F return, so that we can proceed with next stage. Have also found more charges on the account, dating back couple of years, to reclaim.

[Yasmin]

Just to update you on my Woolwich experience. They defaulted me on a debit balance comprising solely £702- unlawful penalty charges and have now refunded £732-(after much correspondence) in three seperate amounts.
I have requested removal of the Default notice several times and disputed it with the credit reference agencies-to no avail.
Since reading the Data Protection Act information which is in the Library, I have decided to take further action. I am requesting from the Woolwich, Full subject access on all personal data held and will be sending this special delivery. This will ensure that i've followed correct proceedure if it ends up in Court!
Whilst browsing my statements I have also noticed a further £550- penalty charges which I intend to claim at the same time I send my formal request (s.10) to remove the default. Will keep you posted.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Credit Report Click link to open in new window.

How did you miss £550? Lol! Oh good Luck!

[Yasmin]

Tnx , LOL was back in 2004 . Amazed when I looked at statements didn't think i'd had any charges that far back......

[Spiceskull]

Hi Yasmin - three Woolwich threads merged into this one. Please don't start another thread about your Woolwich claim

[Yasmin]

LOL I blame BF He told me to start sep. thread.......'re recent one!!!! other one error ....

[Yasmin]

Sent initial letter claiming the extra £550 I found , he he. Well, seems it's all too much for Woolwich who have now passed it on to Barclays, Head Office Customer Relations. They have promised me a reply by 12 th June. Too late, Letter B4 Action being sent today...your 14 days is up!!
Still awaiting data...so I can proceed with the default. Can't Wait, The problems they have caused me....

[Yasmin]

Letter from Barclays offering me £265- naturally accepted it but informed them that I would be persuing them for the remainder. Also pointed out, that once again they have failed to address any of the other complaints. The Default, on a balance comprising solely of their unlawful charges, which have now been refunded! The closure of my account which was in credit...Where is the balance??Even if it was only a few quid. O well, another court action on 31st May. Another letter from Barclays telling me it was their final offer..PLEEEEEESE
, this is getting a bit repetitive Barclays, Woolwich have already told me that about 6 times so far LOL. Still no Data Protection Act, need that desperately so I can persue the default.

[Yasmin]

filed my claim yesterday, delivered in person to County Court. I included additional claim for the default. Lets see how it goes.......

	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

[Yasmin]

Filed the claim...Woolwich Acknowledged it...have 'till 24th July. Would really like to get this one to court!!!