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.

£9.99 + £1.50 (P&P)

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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Mick vs Woolwich

    Hiya

    I'm all ready to delivery a DPA request by hand to the Woolwich, but the account is in my wife's name only. Does anybody know if it came to court would I be able to stand instead of my wife (as she wouldn't be willing to do that and it would rather make action difficult to pursue)?

    Regards

    Mick
    _________________________ ____
    Yorkshireicon DPA sent 09/06/05
    Woolwich DPA due 16/06/05
    Abbeyicon DPA in progress
    Abbey mortgageicon DPA in Progress
    Capital Oneicon Settled £20

    Similar Threads:

  2. #2
    Mumofthreeboys
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    Default Re: Mick vs Woolwich

    At the very top of the forums page there is a 'buddy' system. Either you can go (I think) or she could appoint a 'buddy'.


  3. #3
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    Default Re: Mick vs Woolwich

    Thanks for your quick reply. I've had a look at the buddy system (as I thought I could use some help myself) but my understanding was that they provided support rather than acting on behalf of the plaintiff.


  4. #4
    Mumofthreeboys
    Guest

    Default Re: Mick vs Woolwich

    I think you're getting a little ahead of yourself.

    I don't think it will get that far, but IF it does, there'll always be someone to go with you - moderators are always up for it ;-) .

    Cross that bridge when you get to it!!


  5. #5
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    Default Re: Mick vs Woolwich

    Thanks again for your input, but I think you may have misunderstood my question. I am not looking for support, or for outside help if and when things go to court. What I am wanting to know is this; If my wife will have to stand for her own case or can I as her partner stand for her if it does happen to go that far?

    I am asking this now because although I will go ahead with action regardless I know that if things do go to that stage she does not want to physically go to court. IE can I have power of attorneyicon (if that is the correct legal term) to act on her befhalf in the recovery action.


  6. #6
    Mumofthreeboys
    Guest

    Default Re: Mick vs Woolwich

    I would have thought she'd have to attend (just guessing), but I can't see why you couldn't be her buddy!!


  7. #7
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    Default Re: Mick vs Woolwich

    This website:

    http://www.adviceguide.org.uk/index/...all_claims.htm

    states:

    A lay representative has the right to speak on behalf of a party at the final hearing, but only if that party attends the hearing.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  8. #8
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    Default Re: Mick vs Woolwich

    Excllent, thank you. That was exactly what I was looking for. Well not quite, but it does answer my question .


  9. #9
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    Default Re: Mick vs Woolwich

    You're welcome, best of luck.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  10. #10
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    Default Re: Mick vs Woolwich

    Ok, no reply to my original polite request for details of bank charges (not that I expected one, but that was before I found this site and I did give them 14 days to respond, and so have waited).

    DPA letter hand delivered to local branch.


  11. #11
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    Default Re: Mick vs Woolwich

    In your DPA letter did you remind them that you had alread given them 14 days?

    Woolwich on the whole are very slow at responding. Reminder you set the timescales not them.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  12. #12
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    Default Re: Mick vs Woolwich

    Hmm, you know I didn't even think of that. I did the same with the Yorkshire Bankicon as well, but they respond much quicker so it didn't even occur to me to include that.

    I don't suppose I could refer to my initial letter in any follow up I send to them?

    _________________________ _____________
    Capital Oneicon - Settled. £20.
    Yorkshire - DPA sent 10/06/06
    Woolwich - DPA Hand delivered 16/06/06
    Abbeyicon Morgage - Preparing to send DPA
    Abbey Bank - Preparing to send DPA


  13. #13
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    Default Re: Mick vs Woolwich

    Of course you can. Also make sure any letters you sent are recorded delivery otherwise they will tell you it was never received.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  14. #14
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    Default Re: Mick vs Woolwich

    I have been handing them to the counter staff in person, but if I did have to post anything I'll make sure it is recorded delivery.


  15. #15
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    Default Re: Mick vs Woolwich

    That sounds good. When you hand them in, get them to sign for it as well.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  16. #16
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    Default Re: Mick vs Woolwich

    Ok, been patient and it's been worthwhile. I didn't get any complaint about not disclosing manual interventions, and have received a huge amount of paperwork which included a complete list of every log entry made onto the account. (Strangely they are duplicated at least once each and sometimes one log entry is repeated over and over for more than a couple of pages) I also got my £10 SARicon fee returned.

    I've gone right through the statements and the statement of charges supplied and am happy that they have got them all on their charges list. (There were a couple that had been refunded directly at the time they were taken) That means that in total I am going to be claiming £6,237, spread over two claims. One larger claim for Returned cheques, Guaranteed Cheque charge and Forced Debit Card charges. With a second and smaller claim once the first is completed for Unpaid Direct Debits, Debit Interest, Unpaid standing orders, and Unauthorised daily overdrafticon fees.

    So Prelim letter going in Post Tomorrow for £4613.50.

    Yorkshire Data Protection Act sent 09/06/06
    Data Protection Act reply without manual interventions 12/07/06
    Prelim sent 13/07/06
    Negative Reply to Prelim 15/07/06
    LBA sent 15/07/06 for £762
    29/07/06 Offer of £381 - Rejected
    MCOL 31/07/06 £762 + Costs + Interest.
    Deemed to be Served 06/08/06
    Service Acknowledgement 08/08/06
    Defence and CounterClaim Filed 31/08/06
    AQ and defence of counterclaim sent 10/09/06
    Courtdate set for 08/01/07

    Woolwich Started 09/06/06
    Settled in Full 05/12/2006

    Abbey Data Protection Act in consideration

    Abbey Mortgage Data Protection Act in consideration

    Capital One Settled £40

  17. #17
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    Default Re: Mick vs Woolwich

    Wow, that's a whole heap of money. Best of luck, sounds like you've got it all under control

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  18. #18
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    Default Re: Mick vs Woolwich

    Sure is, I had expected it to be less than half of that. I was shocked when I got the details yesterday, but I recover quickly

    Yorkshire Data Protection Act sent 09/06/06
    Data Protection Act reply without manual interventions 12/07/06
    Prelim sent 13/07/06
    Negative Reply to Prelim 15/07/06
    LBA sent 15/07/06 for £762
    29/07/06 Offer of £381 - Rejected
    MCOL 31/07/06 £762 + Costs + Interest.
    Deemed to be Served 06/08/06
    Service Acknowledgement 08/08/06
    Defence and CounterClaim Filed 31/08/06
    AQ and defence of counterclaim sent 10/09/06
    Courtdate set for 08/01/07

    Woolwich Started 09/06/06
    Settled in Full 05/12/2006

    Abbey Data Protection Act in consideration

    Abbey Mortgage Data Protection Act in consideration

    Capital One Settled £40

  19. #19
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    Default Re: Mick vs Woolwich

    I'm sure you'll recover even more then it's back in your account!

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  20. #20
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    Default Re: Mick vs Woolwich

    Took me a day longer than I expected (due to not being able to get to a post office that was open), but the prelim letter is on it's way to my local branch now recorded delivery.

    Yorkshire Data Protection Act sent 09/06/06
    Data Protection Act reply without manual interventions 12/07/06
    Prelim sent 13/07/06
    Negative Reply to Prelim 15/07/06
    LBA sent 15/07/06 for £762
    29/07/06 Offer of £381 - Rejected
    MCOL 31/07/06 £762 + Costs + Interest.
    Deemed to be Served 06/08/06
    Service Acknowledgement 08/08/06
    Defence and CounterClaim Filed 31/08/06
    AQ and defence of counterclaim sent 10/09/06
    Courtdate set for 08/01/07

    Woolwich Started 09/06/06
    Settled in Full 05/12/2006

    Abbey Data Protection Act in consideration

    Abbey Mortgage Data Protection Act in consideration

    Capital One Settled £40


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