Thread: I'm New, Disabled & Need Help!

Hi There

Sorry to bother you guys. This is my 1st post and really need some help.

I am helping my SIL claim back fees and charges from the Woolwich and have sent the relevant letters. She is claiming back £2300 roughly and they offered £1000 as a Full and final which we refused and stated that we would only accept as part payment etc. She has received another letter this morning stating that they are only willing to offer the £1000 and will not pay out further. They have said basically see you in court if she doesnt accept the 1k:o

Im a little upset as she dumped all this on me a while ago and Im not very well but feel bad telling her im not up to it. She doesnt want to go to court and I have said its more paperwork than attending etc. I really dont mind helping though and keeps me busy...lol.

Do I send another letter to them, or is there anything else I can send to them etc etc?

Thanks so much
Amanda
x

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whatever you do-dont give up my friend they will not-repeat will not go to court it will not go that far, i'm afraid to tell you/sister that if she wants 'all her money back she will have to take them to court in the end- if she is on some sort of benefit i.e income support-DLA-incapacity benefit she will be excempt from the court fees!! however if she isnt she will get her cost's back- i dont know what the situation is if you took them to court on her behalf-maybe worth looking into!!! its her money they have taken-so she is entitled to it back all of it. in my first case against woolwich i won £2100 which was all of it they owed-they offered me 1500 as"Full and final" settlement. so the point that i am making is keep going and you will win. next thing to do is send LBA(letter before action) giving them 14 days to pay you all of her money- letter below to help change things to suit her case.....................[Your Banks Address]



[Date]


[Your Address]





Dear Sirs

[Your Account Number/Details]

Due to recent media coverage on bank charges and the recent OFT announcement I am now aware that you, { Banks name} have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore, they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition, I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Your charges appear to be nothing more than a profit-making scheme. Therefore, I require you to refund my entire bank charges for the past 6 years. Along with evidence that you have refunded all the charges. I hereby give you 14 days notice to refund the charges back on to my account. If this is not done within 14 days, I will be forced to start legal proceedings, you will receive no further warnings


Yours Sincerely




[Your Name]
hpoe this helps -keep chin up and go for it.cheers LES

Thanks for the reply.

Ive sent that letter already, is there another to send and if not-how do I get the forms needed to file and whats my next step etc?

How long does this normally take at this stage?

Thanks
Amanda
x

hi you can claim online and also just call your local county court and tell them what you want to do and they will send you all the forms you need to start a claim- including the one you will need if you are asking for excemption of court fees!! i will list the form no's here for you--- form EX160, form NI they will send as many as you want of these forms- you will need to fill out 2x each form to send to court-also if you are claiming excemption of fees you will need to get confirmation letter of benefits from your local office- which by the way has to be no longer than 3/4 weeks old to send with your other forms- speak to your local court and they will help in any way they can. they sent me 10x each form because i said i was doing a few-which i am. like i said you can do it online if you choose to at www.moneyclaim.gov.uk. i havent done it that way myself but alot of others have and i havent read of any problems. you ask about other letters what do you mean? once you have the statements to work out how much they have charged you then you send LBA(letter before action) asking for them to refund all unlawful charges!! then if they dont proceed to c/court. but dont panic at any stage this site is here to help none of us are experts just people wanting our legal rights!!! cheers LES