Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Poppy11 v Woolwich

    The story so far:

    06/09/06 S.A.R - (Subject access requesticon) sent
    27/09/06 Details of charges received
    06/10/06 Request for Payment of Charges
    18/10//06 Letter from Barclaysicon stating they will deal with request at some point in next millenium
    21/10/06 lbaicon Sent
    03/11/06 Letter offering goodwill gestureicon
    08/11/06 Good will gesture refused
    14/11/06 offer withdrawn
    28/11/06 MCOL filed

    All I can do now is wait and in the meantime i am accruing more charges each month as I am now on the viscious circle where by pay charges, not enough left to pay DD's so pay more charges.

    Similar Threads:

  2. #2
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    Default Re: Poppy11 v Woolwich

    Well a couple of weeks of waiting and the bank has acknowledged my claim so will continue to have to wait for a bit longer...


  3. #3
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    Default Re: Poppy11 v Woolwich

    keep us informed poppy ok?

    www.bellyup4blues.com Just Go There !!!

    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..

  4. #4
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    Default Re: Poppy11 v Woolwich

    Well 14 days have come and gone since the woolie/Barclaysicon acknowledged and have not submitted a defence as yet...with it being the season of goodwill, bank holidaysicon etc..how long should I leave it to file for a judgement?

    And my other burning question is can I start a second claim for charges that have since been added to my account after I started my current claim?


  5. #5
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    Arrow Re: Poppy11 v Woolwich

    Hi Poppy Happy New Year
    Give the MCOL people a ring tommorrow its not unusual for the banks to file late (so much for timescales)
    And you will probably find they will file then after another couple of weeks you will go through the allocation questionaire stage.
    After that you can phone their legal department and ask them weather they wish to reconsider settling before court and when they say yes, you say 'also since filing my claim extra penalties have been applied to my account (im not sure you'll get interesticon back on the new charges)' but it might save going through the whole process again.

    AL

    -------------------------
    CAPITAL ONE * SETTLED*31st Oct 06
    HBOS *SETTLED* 8th Oct 06
    WOOLWICH *SETTLED*12thJan2007
    Monument (Barclays) *SETTLED*10thMar2007

  6. #6
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    Default Re: Poppy11 v Woolwich

    Thanks Al, I think I will try that appoach to start with, as hopefully they will see by then that I am serious about claiming my charges back.


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    Default Re: Poppy11 v Woolwich

    Ok ...Help!

    I received my defence and aqicon today, I seem to have an 11 point defence and the first point is the bit thats bothering me it reads:

    The particulars of the claim do not provide details of the precise charges alledged to be unlawful or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fee's for rturned cheques, "paid referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and date thereof.

    I used MCOL and there was no room to add this so I rang MCOL who said to post a copy to them and Barclay's which I did, I also sent a copy twice before with 1st request for payment and with my lbaicon..is this usual with a MCOL? Is an 11 point defence usual?


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    Default Re: Poppy11 v Woolwich

    Quote Originally Posted by poppy11 View Post
    Ok ...Help!

    I received my defence and aqicon today, I seem to have an 11 point defence and the first point is the bit thats bothering me it reads:

    The particulars of the claim do not provide details of the precise charges alledged to be unlawful or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fee's for rturned cheques, "paid referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and date thereof.

    I used MCOL and there was no room to add this so I rang MCOL who said to post a copy to them and Barclay's which I did, I also sent a copy twice before with 1st request for payment and with my lbaicon..is this usual with a MCOL? Is an 11 point defence usual?

    Yeah poppy thats what they are refering to is that, as you know, you can't attach a shedule of charges to the MCOL (although they would have had one with prilim and one with LBA) they like to pad out the defence so nothing to worry about.
    If you have time post it on here or just look at ones from Paddym,Thailand, myself,Allexia they all basically say the same thing.
    Hang on in there you will get the AQ very shortly.

    AL

    -------------------------
    CAPITAL ONE * SETTLED*31st Oct 06
    HBOS *SETTLED* 8th Oct 06
    WOOLWICH *SETTLED*12thJan2007
    Monument (Barclays) *SETTLED*10thMar2007

  9. #9
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    Default Re: Poppy11 v Woolwich

    Poppy dont worry thats just standard jargon they have put in all the defences infact its a generic letter have they got your sex right ?

    if my advice has been of any help to you then please click the scales ! Thank you

  10. #10
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    Default Re: Poppy11 v Woolwich

    They are hedging their bets everything refers to him/her...


  11. #11
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    Default Re: Poppy11 v Woolwich

    slightly amended but nothing to worry about ! Thailand i think they actually took on board our ojections to be referred to as females ??? lmfao

    if my advice has been of any help to you then please click the scales ! Thank you

  12. #12
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    Default Re: Poppy11 v Woolwich

    Ok I have filled out my aqicon (N150) and am ready to send it back, except that I am unsure whether to include directions under section G. I have followed the link on another thread and they do seem like a good idea, has anyone else used them recently?
    What will happen if I do include them?
    and
    should I include a copy with the AQ copy that I will send to Barclaysicon?

    So many questions now, but I dont want to get sloppy and mess up.


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    Default Re: Poppy11 v Woolwich

    Hi Poppy
    if you used this link http://www.consumeractiongroup.co.uk...ompletion.html

    (Second one down) F150

    Plus the bit............... A New Strategy for A?Qs

    And you will need this for your Basic bundle http://www.consumeractiongroup.co.uk...rt-bundle.html

    that should be ok

    You could send a copy to Barclay's as common courtesy.

    AL

    -------------------------
    CAPITAL ONE * SETTLED*31st Oct 06
    HBOS *SETTLED* 8th Oct 06
    WOOLWICH *SETTLED*12thJan2007
    Monument (Barclays) *SETTLED*10thMar2007

  14. #14
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    Default Re: Poppy11 v Woolwich

    Yeah Al, thats everything that I have done so far, just have to send it off now and keep my fingers crossed


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    Default Re: Poppy11 v Woolwich

    Good luck

    -------------------------
    CAPITAL ONE * SETTLED*31st Oct 06
    HBOS *SETTLED* 8th Oct 06
    WOOLWICH *SETTLED*12thJan2007
    Monument (Barclays) *SETTLED*10thMar2007

  16. #16
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    Default Re: Poppy11 v Woolwich

    quick update I took my aqicon in today including directions and posted recorded delivery a copy to Mr Ruffhead at Barclaysicon.

    Will print off my court bundle and statement of evidence tomorrow, then sit and wait till I have more news for you all.


  17. #17
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    Default Re: Poppy11 v Woolwich

    Hi guys just a quick update, I have taken my aqicon in person to my local court including a copy of directions and have sent recorded delivery a copy to Mr Ruffhead at Barclaysicon.
    I will be printing off my bundle tomorrow and preparing my statement of evidence...then I will just sit and wait.


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    Default Re: Poppy11 v Woolwich

    Poppy please dont worry about the Woolwich ,things will be alright,trust me.If you need any help give me a shout,Andy099.


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    Default Re: Poppy11 v Woolwich

    Those naughty people at the Woolwich sent me a letter today saying that if I did not bring my account back into line within 14 days (over drawn again because of there charges) they will cancel my overdrafticon, stop my bank cards and cancel my cheque book..cheek of it as my wages are due in on 30th.
    Is there a post anywhere that will give me some idea of what to put into a letter as I know that if the account is in disput they cant make any changes or something like that.


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    Default Re: Poppy11 v Woolwich

    Hi poppy
    You could drop them a letter , but it may not do much good mentioning you feel feel you are being victimised by the bank for taking action against them.
    They can not just take your wages and leave you with nothing you need this http://www.consumeractiongroup.co.uk...stop-bank.html

    And then you need to do this http://www.consumeractiongroup.co.uk...parachute.html

    And you need to do it quickly by the sounds of things.
    Im sure if you employer is notified in enough time, if they cant pay the money into a new bank account that fast they could make a payment to a post office in the form of a giro maybe.

    Perhaps someone else will comment

    AL

    -------------------------
    CAPITAL ONE * SETTLED*31st Oct 06
    HBOS *SETTLED* 8th Oct 06
    WOOLWICH *SETTLED*12thJan2007
    Monument (Barclays) *SETTLED*10thMar2007


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