Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Simon1952 V Woolwich PLC

    (Originally posted in newbie forum)

    Hi All,

    I'm a new member of the forum and have been fighting Woolwich for £2500 and am now in the process of taking it to the small claims court.

    Two years back I wrote to Woolwich asking them to cancel all my outstanding Direct Debits and Standing Orders. At the time my account was £17 IN CREDIT. The next month I got a series of letters stating that they had tried to pay the DD's and SO's and charging for four letters and four unpaid charges.

    I wrote to them but the following month they did the same. To cut a long story short they ended up claiming I owed them £650 and ignoring all my letters.

    Six months and several debt collectorsicon later they gave up and I assumed that was the end of it until I tried to get credit and found they had registered an unpaid debt against me.

    So I got mad and decided to claim back all my charges for the previous six years even though I had closed my account.

    I got the information about the charges fairly easily and wrote claiming the money back using the sample letters on the BBC site. In reply I got a letter from Barclaysicon (who have taken over Woolwich), stating that I agreed to the terms and conditionsicon along with their charging tariff and that they are therefore unwilling to refund the charges!

    So now I am starting the process of making a claim in the small claims court. I'll let you all know how it goes.

    Simon

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  2. #2
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    Default Re: Simon1952 V Woolwich PLC

    Hi Simon

    I'm not familiar with the sample letter on the BBC site - is it comparable to the Preliminary Letter on this Site and did you enclose the Schedule of Charges? If yes to both, I think you're safe to move onto the lbaicon stage.

    Remember to send everything Registered mail.

    From now on, I urge you to familiarise yourself with the superb Step by Step guide on here and to follow it to the letter.

    I also found the Woolwich to be wanting when it came to acting on very simple instructions - after 8 years banking, they still couldn't provide me with a Paying In book so I could easily deposit my lovely loot with them!


  3. #3
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    Default Re: Simon1952 V Woolwich PLC

    Hi Welshcakes,

    Yes the two formats are very similar, I enclosed the schedule of charges and everything has been sent Registered mail.

    The only thing I didn't do was add the interesticon charges.

    I've purchased the Step by Step guide from this site so am now ready to make my claim.

    Simon


  4. #4
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    Default Re: Simon1952 V Woolwich PLC

    Excellent Si, just wait the 14 days (plus 2 for post) and then onto the Preliminary Letter, again without the 8% added.

    Hardest thing at this stage is being patient

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  5. #5
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    Default Re: Simon1952 V Woolwich PLC

    Quote Originally Posted by welshcakes View Post
    Excellent Si, just wait the 14 days (plus 2 for post) and then onto the Preliminary Letter, again without the 8% added.

    Hardest thing at this stage is being patient
    Hi Welshcakes,

    Thanks for your support.

    Why do you suggest doing the Preliminary letter without the 8% added?

    Shouldn't I include the interesticon on their charges now?

    Simon


  6. #6
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    Default Re: Simon1952 V Woolwich PLC

    Hi Simon

    I don't think it makes that much difference if you are sending them a spreadsheet of charges as long as in your letter you don't include it in the amount. I sent my spreadsheets (showing the growing interesticon) but didn't ask for the interest until I had started my MCOL.


  7. #7
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    Default Re: Simon1952 V Woolwich PLC

    Si

    You do not add the 8% until you file a claim (either MCOL or at your local court). Just hide the 8% column when you print off the copy for your Prelim and later your lbaicon. Only print out a Schedule of Charges with the 8% column visible once you are filing a claim.

    Have a read thru the step by step guide and it will explain all

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  8. #8
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    Default Re: Simon1952 V Woolwich PLC

    Thanks Feater and Welshcakes for clearing that up.

    Simon


  9. #9
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    Default Re: Simon1952 V Woolwich PLC

    Hi All. Can you give me some advice?

    I have read all the FAQ's etc but am still confused on one point.

    In the Preliminary letter it says:

    What I require
    I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdrafticon interest for the sum which you have taken. Total £XXXXX .
    I enclose a schedule of the charges which I am claiming with this letter.

    Where do you get the overdraft interest figure from?

    It isn't in the list of charges I received from the bank after my request and I don't have the original statements. Is there a way to calculate it or a suggested percent to add?

    Thanks

    Simon



  10. #10
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    Default Re: Simon1952 V Woolwich PLC

    Hi Simon

    Ok, it may be that you just didn't incur any interest charges.

    The first figure "have taken £XXXXX " are the things such as Unpaid Chq Charge and Unpaid DD Charge.

    The second figure "plus £XXX" are things such as Interest Charged and Unauthorised overdrafticon Fee.

    If the charges didn't cause you to go overdrawn/ exceed an agreed buffer or overdraft limit, then they won't have attracted any O/D interest. But if they di, then the bank will have charged you interest and or fees whilst you were overdrawn.

    Problem I found with the Woolwich list of transactions, is that it didn't include the interest - I was only aware of it because I had some original statements and there's a line at end of monthly statement stating something like
    "£xx.xx debit interest for Feb 07 will be charged on 31 Mar 07"



    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  11. #11
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    Default Re: Simon1952 V Woolwich PLC

    Hi Welshcakes,

    Thanks again for your help.

    I know that the account was overdrawn and incurred interesticon charges but unfortunately I don't have the information to back that up so I'll just go with the claim for the charges.

    Preliminary letter in envelope and ready to send, recorded delivery, tomorrow morning!

    Simon.

    Claims so far:
    £1,850 paid by First Direct on claim for £2000
    £800 paid by Barclaysicon on claim for £950




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