Thread: MrPromiscous V The Woolwich

Acess Request Sent to the Woolich on 9th August 2006.

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Reply recieved from Woolwich on 14th August 2006 :

Dear,
MrPromiscous

Thank you for taking the time and triuble to contact us.

We would like to explain what happens next regarding your enquiry, recieved on 14th August 2006.

We have taken responsibility for fully investigating the issues you have raised, and we aim to provide you with an answer by 12th September 2006. In the meantime, if you have any further infomation, queries or concerns, please contact us on 0845 0700 360. Please have your telephone security to hand when you call.

May we assure you that your comments are extremly important to us, and we will respond to your enquiry as quickly as we can.

Yours sincerely

Michele Wallis
Sales and Service Manager

The £10 cheque was also returned as apparently there is no charge for this service..........

Information of charges recieved on 17th August 2006 :

Dear,
MrPromiscous

I write further to our letter of 14th August 2006, sent in aknowledgement to your enquiry.

Please find enclosed details of all charges incurred on your Openplan current account since it was opened in April 2002.

I trust this meets your requirements however, if you have any further infomation, queries or concerns, please contact us on 0845 0700 360. Please have your telephone security to hand when you call.

Yours sincerly,

George East
Case Manager
Openplan Customer Care Team

Note however no mention of whether or not any manual intervention has taken place on my account......

Sorry for the long delay in information regarding my claim against Woolwich but I have been unable to get online. In my last post I had recieved a reply in connection to my requst for copy statements. After recieving these I sent my preliminary letter for repayment of £1060 taken in charges from my account on the 5th September. I recieved the following letter on the 7th September :

Dear,
MrPromiscous

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 furure.

We would like to explain what happens next regarding you complaint, recieved on the 07 september 2006.

We have taken responsibility for fully investigating the issues you have reaised, and we aim to resolve this matter by 05 October 2006. In the meantime, if you have any further information, queries or concerns, please contact us on 0845 0700 360. Please have your telephone security to hand when you call.

May we assure you that your comments are extremely impoortant to us, and we will respond to your complaint as quickly as we can. For more information about how the Woolwich works to resolve complaints, please see the enclosed leaflet.

Yours sincerely

Michele Wallis
Sales and Service Manager

I then recieved a letter from Barclays on the 18th September....

Dear,
MrPromiscous

Thank you for your letter recieved at this office from the Woolwich on the 14 September 2006.

I am sorry you are unhappy with the charges you have incurred. Your comments are recieving attention and one of my team will contact you as soon as possible.

May i take this opportunity to explain that whilst we will endeavour to respond to you within timescale outlined in your letter, we cannot guarantee that we will do so.
Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or an update on our progress will be sent to you within eight weeks.

Please refer to the enclosed leaflet which provides you with a more detailed explanation on how we will deal with this matter.

Should you wish to discuss this matter further, please do not hesitate to contact us o 0207 116 4561 or via Freephone 0800 282390.

Yours sincerely,

Mike Brophy
Head of Customer Relations

dont let them dictate the timescales you stick to your deadlines they'll soon get the message !

Sorry for yet another delay everyone. Ok the latest is this, I heard nothing from The Woolwich/Barclays after the last letter so sent them my lba on the 26th September.

Hey everyone just thought I'd update this thread a lil bit, this Woowich claim has just been sitting in the saved section of MCOL ready to be filed for about 2 months because I thought I'd get all my claims to this stage and then file them altogether, all in all I have 12 claims ready to go in about a weeks time so next week will be a bit expensive paying for all the MCOL fees but at least I'll be loaded by about April lol

yeah i noticed you havent mentioned which year ! lol

pmsl yea by the way its gone so far i'll be drawing my pension on a free bus pass on a mobility bus before I get it !!!

Ok im sitting here ready to file the case on MCOL and I just had a thought.... scary moment for me lol....... who do I actually put down as the defendant The Woolwich OR Barclays ?!?!? Any thoughts people ???

MrP

Yea i thought about doing the same thing, just i remember seeing somewhere in a thread that Woolwich had put an article in their defence that they were not an entity in their own right so yea i think ill put Barclays Bank Plc C/O The Woolwich and the churchill place address, what do you reckon ? Oh and on the point of getting a date early in the new year.... dont hold your breath, I had the defence on my Barclays claim go in on the 9th Oct, aq pretty soon after and i still aint got a fcukin date !

MrP

lol cheers fella, will be waiting a lil bit longer now though because i cant get my head around this contractual interest thing so im holding off hitting the submit button till i do !

hi mate, still not gotta date on my Barclays claim for fook sake, 3 months now and still no date !!! As for this Woolwich claim they have got till the 21st Jan to submit their 2 bob defence

Just a lil update.... The Woolwich have acknowledged my claim and now have untill te 12th Feb to submit their defence.....

MrP

Ok today I recieved a copy of the defence submitted by Woolwich and an AQ to complete and return. I propose to send back the following draft order of directions instead of the standard disclosure request as advised by BF and GaryH :

In the Romford county court
Claim number ********

Between :

MrPromiscous - Claimant

and

Barclays Bank Plc C/O The Woolwich - Defendant


Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:
a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
d) Copies of decided cases and other legal materials to be relied upon.
If the Claimant fails to comply with this order, the claim will be struck out without further order.


2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not why not;
c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
e) Any witness statements.
f) Copies of decided cases and other legal materials to be relied upon.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Gary or BF if you look at this just see if im barking up the right tree though. Should I also be answering any points raised in the defence at this stage ? Point 1 as always refers to the fact that I have never supplied them with a detailed list of charges claimed.

MrP