Thread: Amanda V Woolwich

Yes totally, I sent two letters there and both were acknowledged. (clacton address). Also dont let them fob you off if when you put in your LPA in they say they have a further 40 days.... they dont.

Also use the heading woolwich telephony customer services.

Good reply, I like that!

Hi all,

Following my prelimary letter to The Woolwich, I had a response from Michele Wallis, Sales & Service Manager, advising they aim to resolve this matter by 9th October.

Although I'm not sending the letter before action until 25th September (I know I'm being a bit premature but theres nothing like being prepared I say!) I have drafted the letter and would appreciate any feedback.

Here goes:


Dear Ms Wallis


Re: Customer Reference: xxxxxxx

Although you advised you hope to resolve this mater by 9th October 2006, I would like to bring your attention to some matters contained in your letter dated 11th September 2006.

I note your suggestion in the Customer Care Leaflet that I can complain to the Financial Services Ombudsman if I am not satisfied with the service you have provided. However, please be advised that it would be inappropriate to complain to the Financial Services Ombudsman where the only forum which can determine a dispute on the legality of charges is my local court.

I would draw your attention to the terms of the contract which you agreed to 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 which complies with UK law and I would ask you to note the following.

If The Woolwich insists it can impose charges in accordance with its terms and conditions of contract, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect.

As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion.

When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said:

"[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50).

Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account.

If I do not hear from you within the next 14 days, I will raise an action of payment at my local court for the full amount plus interest plus my costs and without further notice. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions.

I looks forward to your response.




Execuse the different fonts ... don't know what I've done there.

Any feedback welcomed....many thanks.

By the way, how do I merge all of my Woolwich Threads together? Don't worry if it's going to give somebody an extra job or a headache to do, it's just so I can keep track.

Firstly the charges are unlawful not illegal so please change the wording.

Note sent to a moderator to merge your threads.

The story thus far....

Following the preliminary letter and lba letter I've now filled with county court. The papers were deemed served on 20th October and today received a letter from Barclays offering £1000. (I'm requesting £3,300 incl court fees and interest).

Would I write back to Barclays politely refusing this offer, letting them know that I have filled with the court or just don't communicate any further with them - they will know by now that the papers have been filled.

What would you suggest at this stage?

Thank you

I would write back to them accepting their offer, with the proviso that you intend to pursue them for the balance of your claim, and to that end you have already filed a claim for the total amount, and that you are only prepared to settle for the balance

here's my letter... pretty short & sweet

Ms C Mounsey 23rd October 2006
Barclays
Head Office Customer Relations
London
E14 5HP



Dear Ms Mounsey

Re: Sort Code xxxxxx, Account Number xxxxxx

Thank you for your letter dated 20th October 2006.

As per my letter before action dated 25th September 2006 (copy letter enclosed), I advised that should this matter not be resolved by 9th October 2006, I would raise an action of payment at my local court for the full amount plus interest plus my costs and without further notice. Enclosed with that letter was a schedule of charges showing the amount to be repaid without The Woolwich incurring needless further charges.

As this matter has been filed with county court on 18th October 2006 further charges have now been incurred i.e. 8% interest as per S.69 County Courts Act 1984 continuing at 8% until judgement or settlement plus court costs.

Therefore in light of these further charges, I will accept the sum offered only as part settlement and on the clear understanding that I intend to pursue recovery of the remaining balance and enclose a schedule of charges showing the full balance for your consideration.

Yours sincerely





Mrs (EDITED)

Encl. Previous letter dated 25th September 2006
Current Schedule of Charges as of 23rd October 2006.


anything more to add?

That will be fine