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.
I decided to join in the fun after reading through this forum a while back.
Sorry its taken me soooo long to post about it on here, not had nearly enough time to do anything!
What I have read has been extremely pleasing and reassuring. This is obviously a nervous journey for a newbie and as I have seen on other threads the support is amazing. Without the help of you guys I'm sure many on here would have bottled out and walked away with only a fraction of what they were owed.
OK I'm gonna spell out what I've done so far, hopefully I've done it correctly, I'm happy to accept any criticism if you think its due though! I'll take it as advice not offence!
Firstly I sent of my prelim early September with a schedule of charges, I have almost all of my statements so didnt need to send of for those! (I was missing 4 for the 6 year period and couldnt be asked to wait for those then find out I didnt incur any charges, to be honest its only recently I've been slacking and the statements I was missing are old ones.) The charges were approx £1500.
I recieved the standard letters "sorry to hear you are unhappy" etc. and the letter saying its been passed on to Barclays Head Office, I had 2 letters from, one said they hope to resolve this matter within 8 weeks!!!!
I then got slack again (I was busy -honestly, family problems etc!).
I had opened a new bank account and cancelled all my Direct debits with the Woolwich, my overdraft is for £1500 and that was maxed out all bar a few pounds. I thought rather than pay it back they can wait and when they settle it can clear the Overdraft. What I forgot about was the interest they charge on the overdraft, that soon took it over the £1500 limit and then they start charging me per day for being over my Overdraft limit.
The way I see it though is that the whole of my overdraft is only overdrawn because they have taken money from my account unlawfully therefore they can go whistle for the interest and new fee's they are charging me as well!
I then sent my lba and added about the above (but worded more appropriately!), I sent to both Barclays and the Woolwich (Open Plan) just to make sure someone got it! I have since recieved a letter from Open Plan in Clacton saying they have contacted Barclays and they say my claim is still being investigated. I am today replying to Open Plan stating that my main concern at the moment was they are still charing my account whilst it is in dispute.
The 14 days is up on Monday so I'll be doing the MoneyClaim thingy then! LOL
Blimey I waffled on a bit then didn't I? Hopefully you'll get the jist of it.
If you got this far - Thanks for reading
Had an offer which although was quite a nice amount it's not the full amount so have replied with a no thankyou! Just got to find the time to sit and do the claim as they are now over there 14 days.
I'm in no rush though and i like the rate of interest
UPDATE!
I slacked again...and couldn't afford the money for the MCOL till December! I filed MCOL and they had till end of Dec to acknowledge. Not heard a thing from them. MCOL showed claim issued. Have now asked for judgemant by default.
Surely it cant be this easy??? Has anyone else won this way?
Are you still around wewonitfivetimes? How did you get on?
I thought i had won,put in for a judgement by default on boxing day got a letter 2 days later saying it had been transfered to my local court,must now fill in another form and give another £100.
Oh no! Not the kind of reply I was hoping for. (no offence! LOL)
What is the £100 for? I've not seen anyone else having to pay more.
Hope you can get it sorted quick though.
Hi Steve
Hope you are well and a happy new year!!
Yep Im still here!!
The £100 is for your Court Application Fee which you have to pay if your claim is over £1500.This happens once you get your Transfer of Proceedings through to your local court.
(This comes after the Wooly file a defence)
You will get your £100 back when you win.
I completed my Application Questionaire and returned it before the deadline and paid my £100.
The Wooly get sent one too but I have phoned the court and they say that the Wooly have not returned their Allocation Questionaire.
The deadline was just before Xmas so they are really late,even allowing for the Xmas break afterwards I cant see why they should be allowed any more time!!
Apparently its up to the judge.
Nothing more I can do except sit and wait and cross everything!!
If they have defaulted, then I win surely!!
Give me a shout if i can help in any way
NatWest
01-08-06 - Request for refund sent etc followed by all the other nonsense!!
18-10-06 - Settled in full - DONATION to site made
Woolwich
01/08/06 - Prelim letter sent
03/08/06 - Acknowledge letter received from Woolwich
18/08/06 - 2nd letter from Woolwich
21/08/06 - Acknowledge letter received from Barclays
13/09/06 - Offer letter received
19/09/06 - Confirmed I will settle at my amount sent
Just checked on MCOL and suprise suprise Woolwich have acknowledged today 03/01/07, past the deadline!
My judgement request still shows "requested 02/01/07", I guess its up to the judge who will probably transfer the case?
Would be great if he said they gotta pay up though
As expected, judgement request rejected, guess I'll be getting some new forms to fill in soon, never mind..... just means even more money they going to lose!
Steve
power for the course im afraid but as you will already be aware of if you have been following the other posts in the woolwich section they are renowned for taking ua all to the wire but dont despair we havent lost a case yet ! ( that im aware of) in the meaantime read up on the AQS other members have fiked keep you in front good luck you have it under control any probs just ask one of us will be there for you !
if my advice has been of any help to you then please click the scales ! Thank you
Hi, I am just back from holiday and hoped to hear that I had won v Woolwich, however have received the counterclaim and have to pay the extra £100. Bit scary, what can I expect now?
Hi, I am just back from holiday and hoped to hear that I had won v Woolwich, however have received the counterclaim and have to pay the extra £100. Bit scary, what can I expect now?
Hi Scouse boy, Do you mean the Court Application Fee ??
The £100 is for your Court Application Fee which you have to pay if your claim is over £1500.This happens once you get your Transfer of Proceedings through to your local court.
(This comes after the Woolwich file a defence)
You will need to complete the Application Questionaire and return it before the courts deadline along with £100.
When you win you will get this back!!
Red or Blue mate??!!!
NatWest
01-08-06 - Request for refund sent etc followed by all the other nonsense!!
18-10-06 - Settled in full - DONATION to site made
Woolwich
01/08/06 - Prelim letter sent
03/08/06 - Acknowledge letter received from Woolwich
18/08/06 - 2nd letter from Woolwich
21/08/06 - Acknowledge letter received from Barclays
13/09/06 - Offer letter received
19/09/06 - Confirmed I will settle at my amount sent
The defence mainly states the old cobblers that I agreed to their T&C's when I opened the account etc etc. However in point 1 they state that 'the Particulars of Claim does not provide details or particulars of the account in question' Are they going to get me on a technicality? I followed the step by step instructions pretty rigidly. Help!
Steve31 Can you just confirm what position you are in regarding your Woolwich account and being over your overdraft? have you reached an agreement regarding the £3 a day charge or are they still charging you?
What did you say when you rang them up? Have they taken any other measures on your account? Sorry for so many Questions but I am in a similar position but havnt rung them yet
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..
Delboy....
They are still charging me £3 a day. I am claiming it all back so not too bothered about it.
I have NEVER phoned them, only written to them. I asked them to stop charging me whilst the account is in dispute.
They never replied, instead I recieved a letter from Wescot saying they had been authorised to act on Woolwich's behalf to recover the money I owe them.
I called Wescot and informed them that the account is in dispute and should not have been transferred to them. They said they would contact Woolwich and suspend any further action.
I then recieved a FINAL WARNING before court action, again I phoned them and told them the account is in dispute and that I have even commenced legal proceeding against Woolwich, I've heard nothing more from either Wescot or the Woolwich.
Woolwich have in my opinion been a disgrace and i really cant wait until this is all finished!
Me versus The Woolwich
Head Office, I had 2 letters from, one said they hope to resolve this matter within 8 weeks!!!!
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Re: Me versus The Woolwich
Originally Posted by steve31
