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 HELP ! Unfair charges from Woolwich ***REPAID***

    HELP - I need some aid in drafting a complaint letter.

    In 2008 I had got into problems with paying my mortgageicon. I was paying something monthly but never the full amount. By December 08 I was in a really bad situation and received threatening letters from Woolwich and was really panicing .

    Fortunately my luck turned - within a couple weeks
    Opportunities arose that would enable me to not only pay the full amount monthly, but also to repay the arrears within the first few months of 2009.
    From mid Jan 09 I rang Woolwich regularly and made large debit card payments over the phone. Each time I kept them informed as to when the next chunk of money would be coming in.
    The men on the phone told me I was the only one that had such arrears that was sorting the situation so quickly and efficiently.
    However, the problem was that - because the interesticon rate had reduced -Woolwich considered me to be more months in arrears that I was when I first went in to arrears. This meant that, say I had been 3 months in arrears @5%, with the interest rates reducing to 1%, Woolwich considered me to be more than 6m in arrears
    That said, I remained positive and by the end of April I could see that I would have cleared my arrears by mid May. I rang Woolwich, made a payment and again told them this situation.

    However, a few days later I received 2 letters.
    One from Woolwich saying my account had been passed to solicitors to commence repossession and they were charging me £100;
    the other from the solicitors.
    The letters were dated 1 day before my last conversation with Woolwich.
    I was furious.
    I wrote to Woolwich immediately, advising that Woolwich could see all the payments I had made in 4 months, that I had advised on each call that the arrears would be cleared by Mid May, and that when I had rung the day after this letter was allegedly written, the person on the phone made no mention of it.

    By mid May I had cleared the arrears. And kept up payments since.

    From June onwards, each month I rang to make the mortgageicon payment, I advised that I was still waiting to have a reply to my letter. Each time the man said he would ensure that happened - it never did.
    But also - each time the man said that there was an extra charge on my account (the £100 solicitors letter charge which I had refused to pay) and that because it had not been paid, Woolwich was adding a £40 charge each month it was not paid.
    Each month, I demanded a reply to my letter and it never came.

    Finally in Dec 09, because of info gleaned from this site, I told the Woolwich that I thought they had to reply within 10 days to a letter - so why had it already taken more than 6 months ?
    I then got a letter from the man I had originally written to.

    His letter told me that the £100 charge was legitimate and it was to stand and that because it had not been paid I now had 7 months of £40 charges - £380 - and this would continue to increase by £40 until it was paid.....

    So how do I argue this ?

    Obviously if he had replied within 10 days all these months of £40 charges would not have been incurred.
    Given that I had regularly informed them of the plan to clear the arrears, and was obviously clearing them, they should never have sent it to their solicitors.
    I am incensed and wish to write a strong letter demanding all charges are withdrawn.
    Can someone point me in the right direction - PLEASE.


  2. #2
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    Default Re: HELP ! Unfair charges from Woolwich

    Hi HP MUM,

    If you draft a letter and post it here, I'll look through and advise if I can.

    Keep the letter brief and to the point.



    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: HELP ! Unfair charges from Woolwich



    Thanks Slick132,

    Here we go:

    "I am writing in response to your letter, dated xx/09, the contents of which I have noted.

    I wrote to you on xx/05/09 with my complaints. It took 6 months for you to reply to me, despite monthly requests to the Woolwich colleagues who processed my mortgageicon payments. I understand the guideline for a written response to a complaint is 14 days.

    Whilst you claim that the £100 solicitor’s referral charge is fully justified, I maintain that it is not justified. I also stress that none of the excess charges - incurred subsequently by your failure to reply to my letter within a respectable time frame - are justified either.

    The statement that you provided with your letter fails to show a true and positive representation of the payments made to both clear my arrears and keep up with the mortgageicon payments.
    The statement provided conveniently starts start April 09. This fails to show that I paid £xx000's in a 3-month period - between xx/12/08 and xx/03/09. These lump sum payments quite clearly showed that there was no need for legal intervention in my account.
    Your letter also fails to take into account the regular conversations that I had with your Woolwich colleagues where I fully advised them of an imminent rental income due by mid May which would clear any arrears in full. I understand that I could send in a SARicon, if needed, which would show all such conversations.
    The reality is that between xx/03/09 and xx/05/09 – a 7 week period only - I made payments totalling almost £xx,000. The Woolwich was fully aware that I would clear the arrears by May 09, from rental income, and that there was absolutely no need for solicitors intervention or any associated charges.

    I reiterate that The Woolwich should refund all charges and costs attributed to my account unnecessarily since April 2009.

    Yours,

    How does that sound?
    Anything else (legal jargon/customer care duty etc) that I should add ?
    With lots of thanks in advance....


  4. #4
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    Default Re: HELP ! Unfair charges from Woolwich

    Hi HP,

    Dear sir or madam,

    Formal Complaint - mortgageicon a/c no. xxx xxx xxx

    I refer to your letter dated xx/09 and must make the following points.

    I originally wrote to you on xx/05/09 with my complaints. Despite requests which I made each month when I made payments, it took 6 months for you to reply to me. I understand the guideline for a written response to a complaint is 14 days.


    You say the £100 solicitor’s referral charge is fully justified but it is not. I kept you fully aware of my intentions to clear the a/c arrears. I told you when payments would be made and I made them. I said I would maintain the normal monthly payments AND I would clear the arrears, which I did.

    To charge me £100 and have your solicitors threaten me with repossession when I had all but cleared the arrears is outrageous.

    The subsequent additions of £40 a month were wholly due to your failure to properly address my complaint in a timely manner.

    The statement that you provided with your letter fails to show a true and positive representation of the payments made to both clear my arrears and keep up with the mortgageicon payments.

    The statement starts start April 09 and fails to show that I paid £xx000's in a 3-month period between xx/12/08 and xx/03/09. These lump sum payments clearly demonstrated my good intention.

    For you to then write, saying my account would go to your solicitors to start repossesion proceedings, was wholly unfair and unnecessary.

    Your letter fails to take into account the regular conversations that I had with your colleagues. I advised them that my improving financial position would enable me to clear the arrears in full.

    Your telephone records will show all such conversations and I hope you will save me the trouble and expense of obtaining them by a SARicon.

    The reality is that, between xx/03/09 and xx/05/09, a period of just 7 weeks, I made payments totalling almost £xx,000. The Woolwich was fully aware that I was clearing the arrears with the intention of the account being up-to-date by May 09.

    At a time when many are losing their homes due to mortgage non-payment, you have treated me very badly.

    I now ask you to remove from my account the original £100 fee and the subsequent £40 fees added monthly. This will save the Woolwich and myself the time and inconvenience of me reclaiming these fees using the court system.

    Please reply within 14 days or I will escalate my complaint further.

    Yours faithfully,

    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: HELP ! Unfair charges from Woolwich

    Thank you.

    I will copy and paste, tweek and refer back later.
    Speak soon....


  6. #6
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    Default Re: HELP ! Unfair charges from Woolwich

    Not too hard, please



    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: HELP ! Unfair charges from Woolwich

    Yippee, yippee, yippee

    Just got a letter from Woolwich. Very apologetic. And refunding all excess charges for the last year.

    So thank you very much Slick for your advice / help with this issue.


  8. #8
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    Default Re: HELP ! Unfair charges from Woolwich

    Hi HPM,

    I'm delighted for the result you've got - makes it all worthwhile.

    If you can manage any donationicon to the site, it'll be greatly appreciated thanks.

    Thread title changed accordingly !!

    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