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 Woolwich Arrears charges/misc debit

    I don't know whether I am doing the right thing by starting a new threadicon here but I have been fighting the Woolwich since 2004 over an interesticon only mortgage taken out in 1988. I became seriously ill in 2004 and they did nothing to help me despite me asking them for assistance as I could not work. The mortgage accounts went into arrears as a result, despite the DSS paying some, but not all of the interest.
    In 2008, for some reason, the pension credit people who had been paying the interest stopped paying because my income exceeded the limit by 52p. In November 2008, the Woolwich sought to repossessicon our house, but the judge gave them a suspended order on the basis that I could pay the mortgage payments now and in any case, the mortgage ended in 2 years. Barclaysicon were very miffed and the clerk who had turned up at the hearing expecting it to be a push over told the judge he was wrong and that they wanted to appeal. The judge said that he would not allow an appeal so Barclays when to his boss, The District judge and asked him for an appeal. He allowed it on the basis that it would probably be an important test case and they would get their way one way or the other.
    However, our son lent us the arrears and we paid off what Barclays solicitor told us were all the arrears, before the appeal took place.
    However, on asking the Woolwich for the new repayment amounts we were told that there would be no change. As we had paid over £15,000 in arrears and the mortgage was interest only, we said there must be a reduction in the payments to the tune of 4.99% on the £15000+ and despite writing to them a number of times, we got no reply. I then complained to the fosicon who have also written to them several times and have had to reply either. We have also been wrangling about the amount of the main mortgage because I originally borrowed £88,000 and this has now risen to £97,000 despite having paid over £6,000 that were the arrears according to them, in May of this year. The figures they have shown in their court papers, and subsequently, do not add up and this is also part of the complaint to the FOS. Looking back on my statements, I note that they have been charging me £40 "arrears charge" monthly, since 2003 and have also added £539 for "Agents Fees" and £3500+ for "misc charges", no explanation! There is a total of £6500+ in charges back to 2003, but this doea not account for all the increase in the amount owing by over £3000.
    My question is, do these arrears and misc charges come under the heading of unfair bank charges and should we go back to the judge who
    heard the repossession case to ask that he looks into this case again with regard to the charges, because I suspect that some of them will be their solicitors fees, despite the fact that the judge did not award them costs, nor did they ask for them, apart from the court fees.
    The benefit of the experience of your longer serving members would be greatly appeciated.


  2. #2
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    Default Re: Woolwich Arrears charges/misc debit

    I posted this thread a few days ago and would really like some advice, please.
    I have now had my 2008/2009 statement that shows that I have been charged £40 per month for "arrears charge" even in September after I had paid off the arrears. ( But they had put July's payment for my 3 accounts onto one account, despite individual paying-in slips were made out for the 3 separate accounts).
    More worrying is that they have debited my main account with £539 10 for Agents Fees. Who is the agent? And £3687.61 for a misc debit - no explanation.
    I have been charged £40 a month for Arrears charges since Oct 04 and this amounts to £2360, a lot of money.
    In view of the GMAC ruling by the FSA, do you think that I would stand a chance of getting these fees refunded? I already have a complaint in with them about the Woolwich, but in true FSA form they have told me it could take up to 6 months to get an answer!
    Help please


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    Default Re: Woolwich Arrears charges/misc debit

    I would really like some help,please. Has anyone anything to offer?


  4. #4
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    Default Re: Woolwich Arrears charges/misc debit

    HI EF,

    Sorry about the lack of reply. The Woolwich is a little-used forum and I pop in when I remember.

    If you have details of all the penalty charges added to the account since 1995, you should set about reclaiming them in the same way as bank charges.

    However, in light of the 2 odd charges (agent's fee £539 and misc charge of £3,687) I suggest you send off a SARicon with the £10 fee, to see what exactly theses charges are for. If the SARicon response doesn't properly identify the nature of the charges, you can then seek clarification about them.

    Have you heard from the FSA that they are investigating your case.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  5. #5
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    Default Re: Woolwich Arrears charges/misc debit

    Hi Slick132
    Many thanks for the reply. I have asked them to let me have details of these 2 odd charges severaltimes, but I do not get any replies at all from the Woolwich. I have heard from the fosicon and they have assigned my complaint to a case officer, but after 3 months, still nothing has happened. The last time I spoke to them they told me that it could be 6 months before anything happened!
    The thing that infuriates me most is that they have continued to charge interesticon on the £16,000+ arrears that we paid back in May for 5 months after. How can they get away with this? It is just theft.


  6. #6
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    Default Re: Woolwich Arrears charges/misc debit

    The fosicon are v busy at the mo, so you'll have to wait for the FOS to d/w it in their own time.

    Have you separate complaints currently active with both the FOS and the FSA ?

    Have you sent a formal SARicon to the Woolwich - this is a legal request to which they must respond within 40 days supplying all data they hold regarding you. This is different to just writing to them asking for some answers.

    If you haven't yet sent a SARicon, I suggest you do so now, by Rec'd Del'y and enclose the £10 fee.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  7. #7
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    Default Re: Woolwich Arrears charges/misc debit

    Hi Slick
    Thanks.
    I went to the FSA first but they referred me to the fosicon. I thought they they didn't deal with individual complaints. Am I wrong about that? I will send the SARicon as you suggest and see whether that produces anything from them.


  8. #8
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    Default Re: Woolwich Arrears charges/misc debit

    Hi Eagle,

    The fosicon look into individual cases and act as a mediator between the bank, or other finanacial institution, and their customer.

    If they don't get you the result you want, you are still able to take further action, including a court claim.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE