Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent first letter on 31st Aug. recived letter saying would have answer by 26th september, I sent 2nd letter on 22nd september. recieved reply on the 30th september, saying that they were escalating the matter to Barclays customer relations dept, and that they will contact me with there findings, no date set.
It looks as if you have already given them enough time to respond constructively to your claim. I assume that your second letter was effectively the letter before action. All they have done so far is to procrastinate.
Time to issue court proceedings. Stick to the timetable you have set out in your letters
Good luck
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
Did money claim online. claiming 1955.03 and 312 interest. Did i like this. hope it was right
1. The Claimant has an account L1*******
with the Defendant, opened july 2001. Since
20/02/01 the Defendant debited charges and
interest in respect of purported breaches
of contract. 3. Defendant is aware of all
details as a list of charges has already
been supplied. Another copy will be sent.
4. Claimant contends: (a) The charges
exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the
Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999, Unfair
Contract Terms Act 1977 and at Common Law.
5. Claimant claims: (a) return of the
amounts debited of £1955.03; (b) Interest
per S.69 County Courts Act 1984 of 8% -
£312.50 continuing at 8% until judgment or
settlement at a daily rate of £0.43; 6.
Alternatively, if the charges are a fee for
a service, then they must be reasonable
under S.15 of the Supply of Goods and
Services Act 1982. 7. Costs allowed by the
Court.
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Grant Vs Woolwich
Ok have you had a notice of issue yet?
It usually give them about 21 days to respond!!!
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Grant Vs Woolwich
My guess is they will respond on teh 12th day with a mumbo jumbo wishey washey defence.
It may look scary on first glance but if you have a good scout around on here you'll sosn realise it will be a pretty standard responce!!!
Just letme know when it comes and I'll take a look if you want or have any other queries!!
Stick in there
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
hi had the letter of defence this morning, your right does look scary, had a look round the site, but still unsure what to do next. if it helps n149 questionaire. Please Help.
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
Woolwich are settling cases lately over the phone if i were you now that you have your court date i would ring their litigation department because the woolwich do NOT want to go to court so give them a ring have your name address court ref number your total of claim that is your full amount plus interest and costs youll soon have your money back myself BigAl and traceym did this after reading welshmans thread and got full settlement read through our threads to give you that wee boost it takes to ring them nothing ventured nothing gained they are really nice to deal with nothing to be afraid off so go on ring them good luck keep us posted !
if my advice has been of any help to you then please click the scales ! Thank you
I am going to phone this Alex martin and woolwich, but how much am i asking for, because since i first put in the claim there have been more costs, i.e court costs and more intrest charges. Do i had them on.
I had an additional charge this month so phoned woolwich open plan they are giong to refund the charge. So worth phoning them when they notify you of the charge
Basically any charges that you have incurred since you filed your court claim need to be added in to your total claim that you will accept as Full and final settlement, when Barclays contact you with a settlement offer. This will probably be some 7 days prior to the hearing date.
This is probably the easiest way of dealing with this, as the alternative would be either to amend the court claim, which costs £35,and would delay the process, or start a new claim altogether.
Dont forget to add in the up to date interest figure, (this will have increased since you filed your claim), and the aq fee, if applicable, and all the extra charges.
Good luck
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
I am going to phone this Alex martin and woolwich, but how much am i asking for, because since i first put in the claim there have been more costs, i.e court costs and more intrest charges. Do i had them on.
Anybody got any advice.
This is in court on the 22nd FEB
Thanks In advance:?
If your going to phone him, tell him what extra charges you have and get him to confirm extra charges since and tell him to add it on, and thats what you will settle for... or get him to refund the charges and and go with your original claim amount
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Grant Vs Woolwich
customer relations dept, and that they will contact me with there findings, no date set.
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Re: Grant Vs Woolwich
Re: Grant Vs Woolwich
Originally Posted by replicator
