DH of Mumofthreeboys v The Woolwich ** WON **

[Mumofthreeboys]

I have been dealing with this on behalf of DH - will have to make sure he's word perfect if it ends up in court!!

23.3.06 - Data Protection Act letter sent.

30.3.06 - Letter received from Michael Crowe (Case Manager) - thanks for your letter, due to nature of complaint, sent to HO to deal.

4.4.06 - Letter from Tanya Bailey (Assistant Case Administrator) - I will ensure Michael Crowe responds asap.

6.4.06 - Letter from Michael Crowe (Case Manager) - I am continuing to investigate your concerns.....

12.4.06 - Letter to Michael Crowe (another Data Protection Act letter + cheque this time for £10) and asking for clarification on who is dealing, HO or Michael Crowe and stating original 40 day deadline in original letter of 23.3.06 still stands or will be reported to the Information Commissioner.

13.4.06 - Letter from Michael Crowe (not sure how he responds so quickly). Have made arrangements for backdated statements to be sent, 'but we are currently experiencing printing difficulties resulting in a large backlog of requested statements'.

13.4.06 (but not received until 27.4.06)!! - Another letter from Michael Crowe - 'case was escalated to HO but they returned the case to me on the understanding you needed copy statements. I now enclose statements and return £10 cheque'.

28.4.06 - Preliminary approach letter sent for £2,237.50 and addressed to Michael Crowe - 14 day deadline.

8.5.06 - Letter from Michael Crowe......'From my understanding of your complaint, you are unhappy with the charges that have been applied to your account over the last six years. After taking this into consideration, I have passed on details of your case to our HO including a copy of your letter dated 28.4.06. They will investigate your case and respond directly to you, as they have the correct expertise to answer the issues that you have raised.

Please accept my apologies for the inconvenience and delay you have experienced. However, I hope that your complaint is soon resolved to your satisfacation and that your future dealings with Woolwich are satisfactory.

If you would like to talk further....... I will keep your complaint file open for 8 weeks so you have time to consider my response. If I have not heard from you by then, I will regard your complaint as closed.'

12.5.06 - LBA sent to Michael Crowe. Still applying charges and have escalated amount to £2,390.50.

Letter dated 2.5.06 (but did not arrive until 12.5.06!!) from Ashley Bowden 'I will ensure a case manager responds to you shortly.' I thought one already had in the form of the letter from Michael Crowe, that's why I sent the LBA!!

Letter dated 11th May from Mike Brophy of Barclays. 'Thanks for your letter of 3rd May 2006'. I haven't sent a letter dated 3rd May (good old Woolwich)!! 'Comments are receiving attention and we will respond by 5th June'.

Well, by my dates they have until 26th May before I enter my Moneyclaim form.

Wish me luck

Just received letter today (16th May) from Amber Childs yet another Assistant Case Administrator dated 15th May, saying she will ensure that Michael Crowe responds to me shortly in order to bring this matter to a satisfactory conclusion.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Mumofthreeboys]

Just had a thought (it doesn't happen very often)!!

Should I have been copying the letters (especially the LBA dated 12th May) to Mike Brophy of Barclays?

The only letter we've had from Barclays was dated 11th May from Mike Brophy, which said 'Thanks for your letter of 3rd May 2006'. I haven't even sent a letter dated 3rd May (good old Woolwich)!! 'Comments are receiving attention and we will respond by 5th June'.

No one has actually told me he is now dealing with us and so I have carried on addressing the letters to Michael Crowe of the Woolwich.

I also notice that slimliz30 got his charges refunded because the Woolwich didn't tell Barclays they were being taken to Court so they defaulted ....................

What to you think I should do about the Money Claim then?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[closey]

I think stick with the Woolwich. They are who you bank with. If Mike wanted further communications sent or copied into him that he should have communicated that to you. As he didn't deal with your branch.

Well thats what I will do anyway. It seems to me that their lack of internal and external communication policy is likely to work in your favour.

[Mumofthreeboys]

Thanks for that, that's what I thought. Like you said, it's not my fault if they can't communicate with each other!

[closey]

Exactly. As long as your communications are clear thats all that matters. Good luck.

[Mumofthreeboys]

That's it nothing received as of 27th May - claim filed 29th May for £2889.10 plus £120 costs = £3009.10!!

Vampiress - thank you for an excellent spreadsheet.

Keep you all posted.

[Mumofthreeboys]

MCOL showing 'issued' now - how exciting!!!

[closey]

Best of luck xx

[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...........

	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.

[closey]

Argh they make me cross....I had the same thing.

[Mumofthreeboys]

Got the acknowledgement through the post this morning.

It says that they intend to defend gives the name of Nicholas Hartigan, trainee solicitor and they've added Barclays to it where it says 'name of defendant if different from above'.

But they've already offered us £600, I wish they'd make up their minds or maybe its a case of the left hand hasn't got a clue what the right hand is going!!

[Mumofthreeboys]

I'm about to send this - does anyone have any comments?


Lyndon Jones
Barclays Bank plc
London
E14 5HP


Dear Mr Jones,


Thank you for your letter dated 3rd June 2006, received yesterday.

I am happy to accept your offer of payment of £600 as an interim payment, whilst awaiting receipt of the difference plus interest.

Please note, that if this is not acceptable, I intend to pursue my claim in the County Court for the full amount plus interest @ 8% pa.


Yours sincerely,

DH of MOTB

	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

	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]

I'll send it then.....

[kfiggitt]

Hi,

I had a letter from Barclays for my Woolwich claim which sounds word for word the same as yours. The only thing with my letter is it showed the bank up as they put wrong information in about themselves!

I am claiming £440 inc court costs. Barclays said they will offer me a further £150 on top of £210 already paid in to my account (which is wrong as i declined the £210 as this was their first half hearted offer.) So if i were to accept both these offers that would mean i only get £360 back.

Mr Barclays rang me this afternoon and said this will be their full and final offer. I replied with ok then i look forward to seeing your defence in court along with media attention. I then thanked him for returing my call and signed off.

I will give them a a few days and see what happens.

They have until 20th June to file a defence.

Good luck with your case.

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

	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]

Got home from work yesterday to find a letter from the Woolwich saying that because we hadn't repaid the overdraft they had now passed it on to Westcott Credit Services.

I thought that they couldn't do this, while the account was in dispute - am I correct?

	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.

[rogerebaker]

Banking code section 13 para 6. If an account is in dispute they cant pass it to a credit reference agency or debt recovery.

I had exactly the same. I rang the number on the letter and informed them. I followed it up with a letter. They claim there was nothing on the computer that refererred to the dispute.

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

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[Mumofthreeboys]

Originally Posted by rogerebaker

Banking code section 13 para 6. If an account is in dispute they cant pass it to a credit reference agency or debt recovery.

I had exactly the same. I rang the number on the letter and informed them. I followed it up with a letter. They claim there was nothing on the computer that refererred to the dispute.

Did it get passed back when you wrote your letter?

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

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[Mumofthreeboys]

Would you be able to post on here the letter you sent them please??

[rogerebaker]

Im at work at present. Ill do it when I get home. I copied it to Westcott and to Mike Brophy at Barclays E14 address. I sent it about a week ago and gave them 7 days to withdraw it.

Since then Ive had a letter from westcott demanding payment but looking at the dates it has clearly crossed in the post.

If Ive got nothing back from them in the post today I will complain under the banking code, the Information Commissioner and send a letter to the judge who is hopefully issuing a default judgement right now !!

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

[rogerebaker]

Heres the letter I sent. Feel free to change it , use it or ignore it, I have had no reply so if I have nothing by Monday I will complain to the relevant persons as promised in the letter

Louise James
Woolwich Collections centre
PO Box 4157
Manchester
M60 3UU

Dear Louise James

ACCOUNT NUMBER: XXXXXXXX

I today received your letter dated the 24th May 2006. In it you informed me that you have referred my account to Westcott Credit services Limited for recovery of the debt.

This account is in dispute. I have been corresponding with Mike Brophy head of customer relations at your London E14 address.

On the 19th May 2006 I issued a summons at Northampton County Court for the recovery of 1306 GBP from yourselves, which has been unlawfully removed from this account during the last 6 years.

As you are no doubt aware to refer an account, which is in dispute, is a clear breach of section 13.6 of the banking code, which you are a member.

I also note from your letter that you have registered this information with credit reference agencies. You have a responsibility in law to ensure that personal data that you hold is accurate, relevant and up to date. The fact that this matter is in dispute is both relevant and makes any entry on a credit file inaccurate.

These matters I consider to be a serious breach of both the banking code and the Data protection Act. I require you to immediately to remedy this situation by.

· Recalling the debt from Westcott Credit Services Limited.
· Removing any reference to this debt from any credit reference file.
· Inform me in writing within 7 days that you have done this.

If the above is not done within 7 days I will make a formal complaint under the Banking Code and to the Information Commissioner.

I will also inform the district judge at Northampton County Court who is dealing with this matter. I am sure they would take a dim view of such threatening behavior prior to a county court case.

This letter is in confirmation of a phone call I had with Eamon McManus of your collection centre today at 11.50am. I relayed the contents of this letter to him who undertook to deal with the matters raised.


Yours sincerely

XXXXXXXXXX


CC - Mike Brophy, Head of customer relations
Freepost RLTA CSUE TCHC
London
E14 SHP

Westcott Credit Services Limited
Dunedin House
45 Percy Street
Hull

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