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.
Angie Knights' cabinet with night vision technology
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Thailand v woolwich ***WON***
Hi peeps,
Sent my LBA yesterday and am now wondering if I have said the right things! I haven't followed the templates here fully because I started claim before I found CAG. I am worried I may have seemed demanding - could anyone advise?
Thank you for your response dated 14th August 2006, informing me my claim has been esculated from Woolwich Telephony Customer Service to the above department. Furthermore thank you for your response from Barclays head office confirming this action dated 16th August 2006.
I would firstly like to draw your attention to my preliminary request letter, in which I gave the bank 14 days to respond. If this date were missed I would have given the bank a further 14 days to repond thus complying within the law, giving 28 days notice before taking legal action.
I spoke to the Woolwich Telephony team on 20th July 2006 at 10;27 hours, to check my (LPA) had been recieved. Lynne (refW99572) spoke with George (presumably Mr. East) in the customer care department, and he informed her that he had 40 days to respond and Lynne relayed that message back to myself.
I would like to remind the bank that under the DPA, forty days is only an applicable deadline for you to furnish me with information at the SAR stage. Since I already have such information, the bank has no right to cite these inaccuracies. I would draw your attention also to the terms of the contract, which you agreed at the time that I opened my account.It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, that complies with UK law.
I am frankly shocked that you have operated my account in this way as I had alwaysreposed confidence in yourintegrity andexpertise as my fudiciary.
I would also like to comment on the complaints leaflet, and references to complaints procedure, mentioned in previous correspondance. If the bank chooses to call my claim a complaint, then that is your perogative. I am not submitting a complaint I am submitting a claim.
Even though I am within the law to start an action within the next few days, I am granting another 14 days to the bank as a goodwil gesture, as I appreciate this department is very busy at present. ( I also appreciate that Mr. Thailand cant afford the court fees until Sept 4th!) If this is not settled in full before 3rd September 2006 (also giving you time to recieve this letter) I shall commence proceedings for the full amount plus all costs and interest under ss.7 and 13 of the DPA. I will now no longer deviate from my personal timetable as it fully complies with UK law, and have given the bank every chance to settle this matter. To reiterate, your expected next contact date of 12th September 2006 is not acceptable.
(this bit I rue the most) I would like to point out that any offers of a partial efund,whether it be a 'goodwill gesture' or not will be disregarded and I will continue with my timetable for a full recovery of monies owed.
Furthermore I am poised to submit a consumer credit act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5th April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the act. If you do not understand what this means then take advice from your legal department.
I enclose a shedule of charges, which was also enclosed in my preliminary approach letter. All highlighted charges were dealt with at the time they were accrued, thus are of no ongoing concern. My claim at this stage is for 237.00,
your welcome keep us informed please. just got my first moneyclaim ready to file Monday if no reply in post tomoroww to my LBS and about to go fill another one in
Postman has been and gone and no reply from either A&L or Capital One so filing those on Monday with moneyclaim. Given MBNA another 7 days to ammend their pathetic goodwill gesture so will probably be filling that in today ready to filenext week.
Now I have actually completed the first moneyclaim I'm goign to get them all cimpleted and ready to file at a moments notice, looks like they all need the kick a court claim gives.
Angie Knights' cabinet with night vision technology
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2,229
Re: Thailand v woolwich
Hi peeps,
Rang the Woolwich yesterday as Monday is thier deadline to see if any last dialogue would resolve before clicking on MCOL. I was told I had been given a date they would respond to my "complaint" and that it is pretty much a certainty that I wouldn't hear back any sooner. My claim is with Mark Melton, according to the very funny bank worker, (who seemed to be 110% on my side), is a very busy bee (KJ on his hols??). Anyway no sweat clicking submit on Monday. I think everything is in order but would someone run an eye over my particulars (oooh-er!) to see if there is anything amiss?
Thanks.
I have a contract with the defendant bank
which is conducted on their standard terms
and conditions. I am claiming the return of
money taken by the defendant in the way of
excessive bank charges over the last 2
years. The bank's charges are a
disproportionate penalty and
therefore unenforceable as they are
contrary to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e). In the event that the charges are
not a penalty then they are unreasonable
within the meaning of the Supply of Goods
and Services Act 1982 s.15.
I have asked the bank to justify their
charges but they have declined to do so.
The claimant claims interest under section
69 of the County Courts Act 1984 at the
rate of 8% a year from 21/04/2005 to
4/9/2006 of £23.40 and also interest at the
same rate up to the date of judgment or
earlier payment at a daily rate of 8%APR.
Include the account number and how much your reclaiming might be a good idea as your particulars make no reference to it for them to cross check against.
Submitted mine to MCOL last week against A&L Thailand and they acknowledged it on Friday so just waiting now to see their defence so I can have a good laugh
Angie Knights' cabinet with night vision technology
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2,229
Re: Thailand v woolwich
Cheers Tamadus, account and sort code very good idea!! (and I even have the availiable charachters lol!) but the claim amount is in the box underneath the particulars? would you just put your acc number at the top or something?
Angie Knights' cabinet with night vision technology
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2,229
Re: Thailand v woolwich
Tamadus! having just read your thread one thinks I have got the daily rate wrong, you have 33p and i've put 8%APR. Will that be OK or is there a way of calculating a figure?
First you have a PM with a rough guide to how I word my particulars of claim. Just change the X's to numbers.
did You use the Spreadsheet supplied by Vampiress to calculate your charges and interest ? If you did then the third sheet does the 8% calculations for you. If not pm me and I can help you work it out.
Angie Knights' cabinet with night vision technology
Posts
2,229
Re: Thailand v woolwich
Thanks Tamadus, I have revised to this - please advise,
I calculated the daily interest like this: total claim 237 before costs and interest *0.00022 = 5.2p and rounded down to 5P - Is that right?
I have a contract with the defendant bank,
Acc. No. XXXXXXXX,which is conducted on
their standard terms and conditions. I am
claiming the return of money taken by the
defendant in the way of excessive bank
charges over the last 2 years. I am claiming
£237. The bank's charges are a
disproportionate penalty and therefore
unenforceable as they are contrary to common
law. Further, as a disproportionate penalty
they are invalid under the Unfair(Contracts)
Terms Act 1977 s.4 and under the Unfair
Terms in Consumer Contracts Regulations
1999. Para.8 and sch.2(1)(e). In the event
that the charges are not a penalty then they
are unreasonable within the meaning of the
Supply of Goods and Services Act 1982 s.15.
I have asked the bank to justify their
charges but they have declined to do so. The
claimant claims interest under section 69 of
the County Courts Act 1984 at the rate of 8%
a year from 21/04/2005 to 4/9/2006 of £23.40
and also interest at the same rate up to the
date of judgment or earlier payment at a
daily rate of 5p.
PM a mod now you have a claim number so it can be moved to Litigation in progress Thailand. I am just revising the amounts involved in a claim against Capital One as I have calculated compound interest at their monthly rate up to mid July when I sent my prelim letter in. I am claiming s69 from mid July to now and same rate until judgement/ settlement.
I am far too nice to them as the s69 rate is actually higher than the rate they were charging me.
Angie Knights' cabinet with night vision technology
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2,229
Re: Thailand v woolwich
As you know the interest confuses me (I will stick to s69 like superglue), but alas why be nice to those individuals at the bank of food deprivation? Charge s69 if its worth more? p.s I already PM'd a mod, whether or not I did it right is a different matter
Angie Knights' cabinet with night vision technology
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2,229
Re: Thailand v woolwich
Cheers paddy. Have you got your lba prepped for the 7th? I have spoken to the woolwich recently, and can almost guarentee you wont hear back from them until you file at MCOL (assuming you sticking to your timetable)
Thailand v woolwich ***WON***
.
' or not will be disregarded and I will continue with my timetable for a full recovery of monies owed.
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