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29.03.06
Received the standard letter back from Woolwich saying that they would investigate my 'complaint' and would hoipe to resolve the matter by 28th April (4 weeks).
I have sent the following reply which should make my position clear.
Mr B.M. Rice-Smith
XXXXXXXX
XXXXXXX
XXXXXX
Woolwich Bank PLC
PO Box
Bexleyheath,
DA6 7RR 30th march 2006
Customer Ref: XXXXXXXXXX
Your Ref: 3160571
Dear Michele Wallis,
Thank you for your letter dated 29th March 2006.
I note all that you say with regard to fully investigating my case for unfair penalty charges but it is my opinion that there is not much that requires investigating. I find it very difficult to understand why it would take 4 weeks to look into this matter. I believe this is a delay tactic designed to hold onto my money for a few more weeks.
It is clear from the charges listed on my previous letter dated 25th March 2006 that the sum of £1700.00 has been unlawfully taken from my account as punitive charges. This would take a relatively short period of time to confirm from the records you hold.
It is further clear from the legal cases that I have highlighted in the same letter that these charges are unlawful in so far as they do not represent the true cost of any administration costs that you may have incurred in regard to handling my account.
As an act of goodwill on my part I have decided to allow you a further 7 days in which to rectify this matter and to return my money. Of course, it should be pointed out that interest is still accruing on this figure and currently stands at £299.12 as of the date of this letter.
If the money owed, including interest, is not returned to my account within this 7 day period I will commence court proceedings without further notice.
Your Sincerely,
THIS HAS BEEN POSTED RECORDED DELIVERY. WE WILL SEE WHAT HAPPENS.
07.04.06
Got second letter from Woolwich stating that because of the 'complex nature of my complaint the matter has been forwarded to there Head office and they would reply to me following a full investigation.
B*****ks to that!
10.04.06
Today I'm off to the court to file my claim!
We have had exactly the same thing. My husband complained to the Woolwich about the amount of charges we were being sent, because when he got paid all his money went on charges. He was told by a member of their staff that he could refund a couple of £30 charges, but this would not help as there were another 3 coming out the next day!! Record so far for the amount of charges in one day = £175!!
Best thing to do he was told, was to draw out his money as soon as it got paid in and then Woolwich Collections would get involved as this would take him over his OD and they can do more to help..... They are now charging £3 per day for every day the account is over the OD and like you, the charges have now escalated from £30 to £35!!!! And this their idea of helping!!!!
Woolwich acknowledged the court papers and stated that they would defend the case.
Yesterday (11.05.06) I received their defence. This was entered into court 1 day before the deadline! Talk about stalling!
I have to say their defence is extremely weak and Im sure if it does get to court I will be able to blow great big holes though it! Altho I still believe it wont get that far.
Bring it on woolwich thats what I say! Im ready for a fight.
I am still getting mega charges to me account and I get angrier and more determined with every penny they steal from me.
Bankfodder, I am contemplating issuing another court action for the charges taken since my last action (so far this amounts to nearly £200.00). Would this confuse the issue or should I wait until the current action is settled? Your opinion would be appreciated.
Hi
keep at it as I am just a few weeks behind you and am waiting to hit them hard as well. Over the last six years my charges have amounted to over £3k. And sorry to say that I can beat your maximumas the ba****ds took £276 in one hit of me.
Lets nail them
seems like we are all at the same point woolwich have acknowledged they intend to defend but as yet they have not submitted defence they have till the 25th.
You say you have received there defence can you enligthen us to what issues their defence takes. this could me very helpful to us all who are waiting for the postman every morning to see what they have to say
good luck
Data Protection Act sent 10/03/06.....1st request 25/03/06.....LBA letter 10/04/06
Claim No : 6RG02794
Reading County Court £1,616.26 + interest
Served on : 27 April 2006
Acknowledged : 3rd May 2006
defence submitted by 24th May 2006
Allocation Questionnaire submitted 5th June
Court Hearing : 2nd October 2006 SETTLED OUT OF COURT 12/09/06
Just been too busy to get on here to post anything just lately.
I see you are keen to see the defence but it is see standard from what I have seen on other postings. Nothing that can't be blown apart in court.
1. It is admitted that:
1.1 The Claimant has with the Defendant a Woolwich Openplan current account number XXXXXXXX blah blah
1.2 The balance of account blah blah
1.3. It is admitted that the Claimant had incurred bank charges on account number XXXXXXXX for unauthorised borrowings in the form of unpaid direct debit fees; Returned Cheque charge; Force Paid charge; Debit Interest charge Unauthorised daily overdraft fees; Unpaid Standing Order fees amounting to £XXXX during the period XXXX - XXXXX
2. The Woolwich is a trading division of Barclays Bank PLC and not a legal entity in its own right.
3. The Defendant is entitled to charge the Claimant for the unauthorised borrowings by virtue of its standard terms and conditions, which the Claimant accepted when the account was opened.
The terms and conditions which apply t this account would be as follows;
i. Administrative costs if any cheque, standing order or direct debit cannot be paid because of lack of funds in the account (we may refuse to make any payment if you do not have enough money on ther account at the close of the working day before the payment is due to be made) - £30 per item (previously £27.50)
ii. Administrative costs if we are compelled to pay an item (such as a cheque guaranteed by an openplan Card of an authorised debit card transaction) which makes the account overdrawn - £30 per item (previously £27.50)
iii. Unauthorised overdraft fee - £3 per day
iv. Your account will immediately be debited with: (a) any debit transaction authorised by you or any debit card transaction authorised by us, we may refuse to process such debit transactions or to authorise such debit card transaction if there are insufficient cleared funds in your account; (b) any charges, interest or other money which becomes payable by you to us in relation to your account; (c) If a cheque or other item paid to the account is returned unpaid, we will debit the account with the amount of that item together with any interest we have paid on it.
4. The defendants standard terms and conditions gives the Claimant a fair and transparent view of these terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the customer exceeds his overdraft limit)
5. The charges the Claimant paid to the defendant when he incurred an overdraft were payments which, under the terms and conditions of his account, he agreed to make.
6. Such administrative costs were consideration for the defendant advancing further credit to the claimant
7. The defendant was under no obligation to advance the aforementioned further credit to the claimant, and was entitled to impose the charges when the claimant incurred the overdraft.
8. In the premises at Paragraph 3 above, it is denied that the alw on penalty clauses is relevant or applicable. The claimant has incured charges, on of his bank account which was caused by;
i. The claimant having frequently going overdrawn without agreeing an appropriate overdraft facility with the defendant; and
ii. The claimant's failure to make regular paymen ts into his accounts to bring the balance of his account into credit.
9. It is denied that the defendant's charges are unenforceable penalty charges or that they are unenforceable for any other reason. It is further denied that these sunms were unlawfully debited from the claimants account.
10. In all the premises, it is averred that Bank Charges are legally enforceable and the defendant was entitled to charge for the sum of £XXXXXX
11. The defendant denied that it is liable to the claimant for the sum claimed of £XXXX, or at all.
Thats a useless defence. No service argument. They say that charges are for breaches of the agreement and represent administrative costs and that these are consideration for advancing further credit? What about refused items? They are effectively saying "the charges are penalties but they are not penalties"
This is scheduled for 1st September 2006.
I now have 2 hearings at the same court on the same day and at the same time, 1 for Woolwich (owned by Barlays) and the other for Barclaycard!
Could be an interesting day out if anyone is interested?
Bitiing back at Woolwich
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