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I have received my list of charges from the Woolwich but have a couple of queries. Am I right in assuming that types, RC, UC and QC, shown on the list of charges are what goes in the "Detail of Penalty" column on the spreadsheet? Also, There are 3 small charges for £3, £6 and £9 pounds. Should I include these are are they so small they are probably justified?
I know these seem petty but I`m so worried 1`ll do something wrong and it will all go pear-shaped! Any advice much appreciated.
Hi there, on the spreadsheet just enter the details that will make it easy for you to identify what the penalty was for e.g. returned DD, or returned cheque, etc.
As regards, the smaller charges, what does it say on your statements these are for??
Thanks Mumofthreeboys for the info. You seem to have been very successful with your claims. Well done!
I can`t answer your question until Thursday as I`ve left my charges list at work and can`t remember offhand. (Well it was very hot today)
I think you will find the small charges you refer to are unauthorised overdraft fees which are charged at a daily rate of £3.00. I certainly included them in my claim and I would have thought you should too as you will probably find you went over your overdraft when they charged you there other fees. (Well that was certainly the case with my account)
I have just returned from 2 weks holiday to find a reply to my preliminary letter to the Woolwich claiming £1165.50. They have offered me £585.00 as a gesture of goodwill and without any admissions as to the basis of my complaint etc. I will now go on to the next step (as soon as I`ve checked the guidance) and see what happens.
Accepting offer of part payment as interim payment
I am sending a letter to accept the Woolwich offer of a £585 as an interim payment and saying I will still be pursuing my claim for the balance. I can`t work out whether after I get their reply saying that was their final offer I should send an lba letter and then make a court claim or make a court claim straight away. I have read the FAQs but I`m not sure.
Re: Accepting offer of part payment as interim payment
You should stick to the timetable you have set. Send the lba 14 days after the preliminary letter, then commence court claim 14 days after the LBA unless they settle for 100% in the meantime
This is probably a silly question but I`m stuck on what figures to put in the Moneyclaim form. I can`t put the whole spreadsheet in as there`s no room so do I just put the total plus interest?
Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).
If using online court just copy and paste the above and fill it in.
My advice is only my opinion, I am not a legal expert.
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Acknowledgement of Sevice dated 19th September received today - defendant has 28 days to file defence. Getting there slowly but I wouldn`t have got this far without this site.
Yesterday received Notice of Allocation to the Small Claims court (preliminary hearing) notice.
"Before the claim is listed for hearing the judge has porederd that a preliminary hearing should take place because:
special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person"
As the date - 25th January - was one I had said in my aq I wasn`t available for I phoned the court as I thought they`d made a mistake. I was told that because there were so many of this type of case with this defendant the judge wanted to deal with them all on the same day. I `ll have to write in and see if the judge will give me another date.
Letter from the court today to say preliminary hearing adjourned until 2nd Feb 2007. Note at the bottom of letter says "Please note: This case may be released to another Judge, possibly at a different court."
Grateful for some advice please.
I thought I would try phoning to see if Woolwich would settle as the date of my preliminary hearing - 22nd February - is getting closer. Is the claim number th same ase the court number? I think I need to quote this when I phone.
Got home from work tonight to find a letter from the Woolwich offering full settlement, despite the fact they "consider my claim lacks merit and it would fail".
I`m not sure if my £100 court costs is included as all most of my paperwork is at work.
Not sure if it`s worth persuing anyway as there`s a sentence at the end of the letter that says "Should you decide to reject this offer, then we reserve the right to disclose this letter to the court"
Anyway donation on the way as soon as the money is in my account.
Money paid in full into my account. Thanks to all for help and support. donation on way - have to set up new paypal account as old one doesn`t work and can`t find e-cheque)
sparklydayz v The Woolwich
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Thanks
