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
London
NW11 7PE



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  1. #1
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    Default Barclays/Woolwich 'lost' my mortgage instalment!

    I always pay my monthly mortgageicon instalment to The Woolwich by Building Society cheque posted to Leicester.
    On the back of each statement it says "...you can also pay at any branch of Barclaysicon Bank.." In December I did just that and paid in over the counter at my local Barclays branch. I obtained a stamped counterfoil/receipt which showed my mortgageicon account number.
    Early in January I received a notice of arrears and charges and upon telephoning Woolwich customer services they tell me that the cheques I paid in at Barclays branch had not been received by them at mortgage collections. They told me I had to provide proof it had been sent by the branch to them!
    On reflection I wrote to Woolwich mortgage collections as well as the Barclays branch saying that the cheques had cleared, that I had their stamped counterfoil which for me was adiquate proof, and it was both beyond my ability and not for me to prove their internal systems for transferring funds. I have not had a response.
    Am I right in adopting that approach?
    How long should I leave it before referring the matter to the fos ?
    I read somewhere that once referred to the FOS a fee has to be paid by the bank. Is this correct.
    Any advice would be much appreciated.


  2. #2
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    Default Re: Barclays/Woolwich 'lost' my mortgage instalment!

    Hi Mowerman,

    You should do all you can to resolve this with the bank and the Woolwich before complaining to the fosicon.

    I would contact the Woolwich 7 days after you sent your letter, to see if the letter has been replied to or whether, in fact, the pay't has been properly received and credited.

    Did you send the Woolwich a copy of the relevant receipt as this would help them trace the pay't more quickly.

    I'm sure this will be sorted quickly but you'll have to ensure no adverse credit markers have been posted and you've not been charged for a late pay't.

    Once resolved, you can write to the bank seeking compensation for your worry, time and effort. Don't be too greedy though, or they'll just say NO !!



    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.

  3. #3
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    Default Re: Barclays/Woolwich 'lost' my mortgage instalment!

    Quote Originally Posted by slick132 View Post
    Hi Mowerman,

    You should do all you can to resolve this with the bank and the Woolwich before complaining to the fosicon.

    I would contact the Woolwich 7 days after you sent your letter, to see if the letter has been replied to or whether, in fact, the pay't has been properly received and credited.

    Did you send the Woolwich a copy of the relevant receipt as this would help them trace the pay't more quickly.

    I'm sure this will be sorted quickly but you'll have to ensure no adverse credit markers have been posted and you've not been charged for a late pay't.

    Once resolved, you can write to the bank seeking compensation for your worry, time and effort. Don't be too greedy though, or they'll just say NO !!

    It's now ten days since I wrote by recorded delivery to both Woolwich motgage collections and the Barclaysicon branch without a response from either.
    A copy of the stamped counterfoil/receipt was sent to both.
    I've already been charged fees for late payment.
    Today I've received my Woolwich December statement showing a payment received by them in December of £0.01 ! Yes, One penny! This is an insult.
    Hence my mention of the FOS, we are at in impasse, at what point do I complain to them?


  4. #4
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    Default Re: Barclays/Woolwich 'lost' my mortgage instalment!

    It's up to you but I still think a complaint to the fosicon now would get you nowhere.

    The banks need some time to sort through whatever has gone wrong and then rectify it.

    Perhaps write to both banks giving a final 7 days for them to:-

    1. Remedy the situation.
    2. Remove any charges.
    3. Remove any adverse credit markers.
    4. Confirm in writing which bank was to blame.
    5. Confirm that the matter is now resolved.
    6. Offer suitable compensation for your distressicon and inconvenience.

    Tell them after that, the matter will be referred to the banks' respective Head Offices and to the FOS for formal investigation.



    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.

  5. #5
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    Default Re: Barclays/Woolwich 'lost' my mortgage instalment!

    It's now a month since this complaint was made both to Woolwich mortgageicon Collections and the branch where the money was paid in. I have been ignored- neither have responded.
    I am now completing the complaint form to the fosicon but would first ask why you think a complaint to them will get me nowhere. I believe the banks have an obligation to respond to issues raised by the FOS so at least this will reveal the whereabouts of the funds I paid in at their branch.


  6. #6
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    Default Re: Barclays/Woolwich 'lost' my mortgage instalment!

    Hi Mowerman,

    but would first ask why you think a complaint to them will get me nowhere.
    What is said was:-

    I still think a complaint to the fosicon now would get you nowhere.
    I think you were looking to complain to the FOS too early. But more time has now passed, without a suitable response from either party.

    So I agree that a complaint to the FOS now may be appropriate. In any event, they'll write to one or both companies and give them 8 weeks to respond.



    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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