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

reg. office:
923 Finchley Road
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NW11 7PE



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  1. #1
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    rosebud982 Novitiate

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    Default Help Needed What Next

    Ok I sent my request off to the woolwich and got my charges. Sent my initial letter politely asking for my money back and seemed to have got a different letter from everybody else.

    Thank you for taking the time and trouble to tell us about your dissatisfaction with our service. We work hard at the Woolwich to deliver a first class service to our customers and we are sorry that you feel let down on this occasion. You can be sure that we will do everything possible to put things right for you now, and so that we improve our service in the future.

    We would like to explain what happens next regarding your complaint, received on 22 June 2006.

    We have taken responsibility for fully investigating the issues you have raised and we aim to resolve this matter by 20 July 2006. In the meantime if you have any further information, queries or concerns please ocntact us on 0845 0700 360. Please have your telephone security to hand when you call.

    May we assure you that your comments are extremely important to us and we will respond to your complaint as quickly as we can. .. Michele Wallis sales and service manager

    And enclosed they send me a customer care leaflet.

    What do I do now? Do I just wait. Is this a stalling issue?

    Rosey

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  2. #2
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    Barry031261 Informative Barry031261 Informative Barry031261's Avatar

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    Default Re: Help Needed What Next

    Hi Rosey,

    I got exactly the same letter from Woolwich and, yes, it is a stalling tactic!.
    You will find that this crew will use every trick in the book to try and prolong the issue in a effort to get you to go away.

    Proceed as per your original timetable. You dictate the timescales, not them.

    Good luck,

    Baz.


  3. #3
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    rosebud982 Novitiate

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    Default Re: Help Needed What Next

    Thanks for that Barry. My original letter was dated 21st June, so 14 days from that would be 5th July.

    So on 5th I gather I send my letter before actionicon to them? Is this correct? Sorry to sound dim, almost gave up when I got the letter back... Which is why no doubt they do it.

    Rosey


  4. #4
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    Barry031261 Informative Barry031261 Informative Barry031261's Avatar

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    Default Re: Help Needed What Next

    Exactly!

    Whatever timetable you are working to just continue through all of their stalling tactics.

    You are in control of this, not them.

    Enjoy!

    Baz


  5. #5
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    solidstan1 Novitiate solidstan1's Avatar

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    Default Re: Help Needed What Next

    I had exactly the same letter. I took as NOT A POSITIVE responce to my previous letter, so I immedatly sent the lbaicon (didnt wait the full 14days). After all they have said bascilly you wont recive any more letters untill that later date. so why not get the ball rolling now.


  6. #6
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    rosebud982 Novitiate

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    Default Re: Help Needed What Next

    If it wasn't for people like you guys I'd have given up when I got that letter! Gonna wait til the 5th then send the lbaicon just to be fair, lol. Want to show willing on my part when we get to court.

    Rosey


  7. #7
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    Barry031261 Informative Barry031261 Informative Barry031261's Avatar

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    Default Re: Help Needed What Next

    Hi Rosey,

    Thats what this forum is all about. People helping each other to face the difficult task of challenging the banks.

    You will always have loads of help and support here, every step of the way,

    Baz


  8. #8
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    rosebud982 Novitiate

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    Default Re: Help Needed What Next

    HI all

    it's the 5th and nothing from Woolwich. From my reading of the faq's and forum I understand I issue a letter before actionicon, however, in it, it states that they have failed to respond. This isn't correct in my case, they have responded stating they'll respond by 20th July.

    What should I put instead?

    Rosey


  9. #9
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    CrikeyMick Novitiate

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    Default Re: Help Needed What Next

    Hi Rosey

    That sounds like a failure to respond to me. A bit like you trying to call me and getting a recorded message saying that I'll call you later... but I never will

    IMHO you should send it as is.

    Mick

    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

  10. #10
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    Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative Michael Browne Highly authoritative

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    Default Re: Help Needed What Next

    Quote Originally Posted by rosebud982
    HI all

    This isn't correct in my case, they have responded stating they'll respond by 20th July.
    Read your prelim letter, it says "if you fail to respond or respond positively"

    They haven't, so send the lbaicon as is.


  11. #11
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    jasperbear Novitiate

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    Default Re: Help Needed What Next

    oooooh im being so dim ~ whats the lbaicon????????
    have just found out the woolwich have owe me over £3000!!!!!
    surely i should just walk now they arent going to give me that back with out a fight?
    Also cant find letter to send next if i ever do get the guts to do it!!!

    Julie


  12. #12
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    CrikeyMick Novitiate

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    Default Re: Help Needed What Next

    Hiya

    The LBA is the letter before actionicon that is in the library along with the Data Protection Act letter you've already sent.

    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

  13. #13
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    Default Re: Help Needed What Next

    Hi Julie,

    In addition to what crikeymick said you really need to have a good read through the FAQ's and familiarise yourself with the process. You must be aware that you may go to court, however the statistics are on your side, and it is more likely that you will get a settlement. Fight might be too strong a word, but stall they will, at every opportunity.

    Once you feel happy with what you are doing, please start your own thread and record your process there. That way you have a timeline and others can follow your progress and offer help and advice.

    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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    rosebud982 Novitiate

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    Default Re: Help Needed What Next

    re hijacking my thread back...

    Sent the lbaicon letter off on 6th July as agreed. Received a letter yesterday dated 7th July (presumably they crossed over in the post), as follows:

    In view of the complex nature of the issue you have raised, your complaint has now been escalated to our Head Office Customer Relations Unit. All of the relevant documentation has now been forwarded for their attention and they will contact you directly with their findings on completion of their review.

    (the address is Barclaysicon in london). blah blah.

    I've replied to the person who sent me the letter stating that I have already issued an LBA on 6th July to the person I was dealing with and copied the letter and schedule of charges to them.

    I've also written an identical letter to this customer relations department, stating the lba has already been issued and again copied them in on the letter and the schedule of charges.

    Hope I'm doing well so far.

    Rosey


  15. #15
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    rosebud982 Novitiate

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    Default Re: Help Needed What Next

    Hi ok, I've not received any correspondence since my lbaicon apart from the woolwich women saying she's passed it over to Barclaysicon.

    I've seen some people have issued an LBA2, is there a template for this, car just needed fixing so my £80 scheduled for court action has had to be reallocated until payday.

    Rosey


  16. #16
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    Default Re: Help Needed What Next

    All the letters you need are here:

    http://www.consumeractiongroup.co.uk...lates-library/

    Every person making a claim should issue a second lbaicon after the initial 14 days are up providing the bank with a further 14 days. The purpose of this is to prove that you allowed sufficiant time for the bank to consider your claim. If you end up in court this will help go in your favour.

    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.

  17. #17
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    austenpowers Novitiate

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    Default Re: Help Needed What Next

    Every person making a claim should issue a second lbaicon after the initial 14 days are up providing the bank with a further 14 days. The purpose of this is to prove that you allowed sufficiant time for the bank to consider your claim. If you end up in court this will help go in your favour.
    So let me just confirm this, you are saying that there should be a prelim letter allowing 14 days, followed by a LBA giving 14 days and then another LBA giving a further 14 days, before moneyclaim?

    I had thought it was straight from first LBA to Moneyclaim. The last paragraph in the LBA states you will be making a claim without any further notice.

    Please could you clarify?


  18. #18
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    Default Re: Help Needed What Next

    austenpowers, I am so sorry....I'm not sure what has happened to my brain today (too much wine last night perhaps).

    You are quite correct. They pelim letter should be sent giving 14 days, then lbaicon giving a further 14 days.

    I think I confussed myself as I call the prelim letter LBA1 and LBA, LBA2!

    I am now going to kick myself!

    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.

  19. #19
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    austenpowers Novitiate

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    Default Re: Help Needed What Next

    No worries Closey!



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