Thread: GavManMoon Vs The Woolwich

So it begins....

Having only discovered this site (from the helpful people at money saving expert) since sending out my letters, requesting my charges back, I have started with a slightly different tack.

The Woolwich received the following letter yesterday (it was copied from the BBC website, donated by Stephen Hone, who set up penaltycharges.co.uk)
I would be glad of some opinions on the letter.

Dear Sir/Madam

Regarding: AC:XXXXXX Sort:XXXXXX

Due to recent media coverage on bank charges I now believe that you, The Woolwich 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 and 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.

I currently have my bank statements for the last 36 months the charges during this period come to a total of £xxx. Therefore I have estimated that over the last six years the total amount of charges you have applied to my account is £xxx(x2). Consequently I require you to refund me a total of £xxx, representing the total, unlawful amount charged during the last 6 years. If you disagree with this amount please supply me a copy of all the charges applied to my account dating back six years within the next 7 days.

I hereby give you 14 days to refund all the charges dating back six years on to my account, plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not done within 14 days, I will commence legal proceedings without further warning. This action will inevitably involve you paying additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

Yours sincerely,

Me
x:grin:

I await their response.
Will let you know what happens.

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Hi Gav
Welcome to CAG just out of interest did you send woolwich A Data Protection Act Subject access request(SAR) for your statements, Yes they can take 40 days to send out but the way the courts are bunged up with cases at the moment (i would think you wont get to a court date stage till may even june) i would sooner have all the facts in front of the judge and yourself for peace of mind, and although i would'nt personally, if you want to file your claim on MCOL its likely you will run into problems fitting in your Particulars of claim (POC) with the amount of words they allow (limited to 600/650 i think). and finally just in case you underestimate they still have your hard earned to share out among st their shareholders, if you overestimate yes they will fight (the banks understand figures and can work them out better than the majority of us can, dont give them the chance of snatching victory from your grasp (and why would you want the stress). And with all due respect to Mr Hone, the Templates on this forum have been proved to work several thousands of times, and personally i would follow the laid down procedure unless there are extenuating circumstances as to why you cannot obtain your statements. Finally just keep at it yes you'll get plenty of help here and if you got a problem we will solve it. And do it right and you will win:grin:

AL.

Paddy has the rain turned to snow out there yet only ive heard some reindeer are on the way to you shortly.

Hi Gav Happy New Year
Good that gives them 40 days to get your data request back, expect them in about 3/4 weeks. In the mean time read a few threads and have a look at the speadsheets, you will need them for the next step your Prelim Letter. Heres a handy link with every thing you could possibly want.
http://www.consumeractiongroup.co.uk...tml#post436526

Dont forget stick to your timetables not theirs.
Keep us posted

AL