DH of Mumofthreeboys v The Woolwich ** WON **

[Mumofthreeboys]

Many, many thanks rogerebaker. You're a star. Will do letter asap.

[Mumofthreeboys]

Letter done today.

[closey]

Hi MOTB

I hadn't checked your thread for a while. What are they playing at? That is just wrong. I'll be expecting the same. I'll keep checking from time to time to see how you're doing. We'll crack em in the end

[Mumofthreeboys]

Well I got a letter today from Wescott Credit Services in respect of the overdraft even though I copied them in on the letter above.

Do you think I should write to them again or is there no point??

	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.

[closey]

Wouldn't be any harm in resending the letter with a cover note saying 'for your records'.

[Mumofthreeboys]

Yes, I think I will (even though I know they will ignore it again) and carry on sending the letters

[Mumofthreeboys]

Originally Posted by Mumofthreeboys

MCOL now showing 'Acknowledged' as of 5.6.06!!!

However, got a letter this morning from Lyndon Jones (unsigned tho!!!) of Barclays 'despite my comments in relation to your views, on this occasion, and without any admissions as to the basis of your complaint, I am willing to offer the sum of £600 towards the total amount you are seeking'.

There's the usual letter also enclosed that we're supposed to sign 'full and final settlement', etc, etc.

£600 they have got to be joking - our total claim as of when the MCOL was done is for £3009 - its not even half!!

I feel a letter coming on...........

Got a reply this morning from Rose Frimet, Senior Case Manager, Barclays:-

'I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amount offered, you will be seeking the remaining balance in the County Court.

I would like to take this opportunity to clarify the amount offered was a gesture of goodwill in full and final settlement of your claim. I am therefore unwilling to adhere to your request to reimburse you with the amount offered, and it is with regret that you will now be proceeding to the County Court for the full amount.

I appreciate this is not the response you were hoping for but hope I have explained the Bank's position'.

If it was a gesture of goodwill, why not leave it on the table???

	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

	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.

[Mumofthreeboys]

Originally Posted by Mumofthreeboys

Well I got a letter today from Wescott Credit Services in respect of the overdraft even though I copied them in on the letter above.

Do you think I should write to them again or is there no point??

Well, I did send the letter again and they have replied (twice actually, with the same letter) saying they will suspend proceedings, will not phone, or write, etc.

But interestingly I have had absolutely NOTHING from the Woolwich. I think that is really bad that a reply has come from the DCA but not the bank

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	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.

[Mumofthreeboys]

Just checked MCOL to find they have entered a defence!!!!!!!!!!!! :o

[closey]

How annoying. Next will be the court allocation questionnaire then settlement. Not long now MOTB's

	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

[Mumofthreeboys]

Originally Posted by closey

How annoying. Next will be the court allocation questionnaire then settlement. Not long now MOTB's

I think they'll take as long as they possibly can. I'm guessing I'll get a court date of September some time and will settle just before

[closey]

I know...it is so fraustrating. I am in the final stages with Lloyds (waiting for a settlement offer), then I'll start my woolwich moneyclaim. Out of interest, when you filed the claim did you use your local branch address?

	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.

[Mumofthreeboys]

Yes, I used the Watling Street, Bexleyheath, Kent address because that's the address that appears on the cheque book!!

[closey]

I'm going to use my local branch. I know Woolwich and Barlcays seem to be terrible at communication with each other, so I am clinging to the hope that they will mess up and I will win by judgement....sure I won't, but I live in hope!

[Mumofthreeboys]

This is the really, really annoying thing - I would have won by judgement come 2nd July!!

[closey]

Lloyds acknowledged my claim a couple of days before I could of filed judgement. Their pathetic mind games are so pointless. They know they are going to pay up, so why mess about. That said it would be so interesting to know statistics of how many people drop their claim at each stage of the process.

[Mumofthreeboys]

Originally Posted by Mumofthreeboys

Well, I did send the letter again and they have replied (twice actually, with the same letter) saying they will suspend proceedings, will not phone, or write, etc.

But interestingly I have had absolutely NOTHING from the Woolwich. I think that is really bad that a reply has come from the DCA but not the bank

I have still had nothing from the Woolwich as regards the DCA letter. I have now written again to Louise James of Woolwich Collections and told her I thought this was disgraceful behaviour from a bank such as the Woolwich. I have told her I am doing what I threatened to do in my letter of 12th June which was - officially complain under the Banking Code, inform the Information Commissioner and write to the District Judge at Northampton Court.

Do I need to write a separate letter to the Woolwich re the Banking Code complaint or will this letter be enough?

All comments welcomed.

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Mumofthreeboys]

Received defence today, it seems to be the same as everybody else's and yes it's Keith Jeremiah again.

How far will it get do you think???

[Mumofthreeboys]

OK, have received the Court AQ and followed Jonni2bad's instructions on how to fill it out, but when I get to G Other Information, I'm a bit stuck - does anyone have any ideas what I should put?

Is it worth writing to Keith Jeremiah giving him one last opportunity to pay up or will I be wasting my time?

	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

[closey]

Most people leave that section blank, but it is up to you. I think they've had their chances. I would proceed with the claim.