Thread: ChasLGC v The Woolwich

Hi all,

Been reading the site for a while now and now have my own action in progress against the Woolwich. The state of play atm is that I am making preperations to file my claim with the court, but I have a couple of questions please as I'm suffering from a severe case of information overload atm, so apologies if for asking anything stupid and that's been covered a thousand times already.

When I first started this I had not come across this site and used a standard letter found elsewhere. Because of this, it was only when I sent the lba (after I'd found the site), that I asked for confirmation about any manual intervention, to which they have not responded. I see this is used as part of the argument against the excessiveness of the charges. Is it worth me pursuing this to get a response and if so do you think I should hold off submitting the papers to the court or should I carry on anyway?

Secondly, my claim os for just over £5000 (£5057 to be precise) excluding interest (£1903.15 if I've filled the spreadsheet in correctly) which takes it over the Small Claims threshold. Does this make a lot of difference to how things proceed what is the difference? Am I better off reducing the amount to £5000 plus interest, that's assuming the interest is not included for determining the level of my claim, or is that not correct?

Thanks in advance for any help.

Chas

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Hello and Welcome

First of all don’t panic - you will soon have your money back in your hands where it belongs!!

Yes…you can claim back your charges, even if you were late paying, even if you went over your limit and even if your DD Bounced!!!

Remember the banks have acted unlawful you haven’t!!!

Welldone for reading the FAQs and as many threads as possible as there is a wealth of information on here!!

Ive just finsihed my claim with the Woolwich but Im sticking around to see if I can help others just starting their claim like you!!

Heres the prelim letter you need to send them.

Following advice from others thread yes you are better off reducing your claim to below the £5K mark and making two seperate claims aginst them.
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.
http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/5078-10-data-protection-act.html

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me and I will be happy to help you.

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

Hope this helps

Good Luck

No i would'nt think you would need a solicitor the next court up is 'fast track' which has maximum cost's limit of £750 i believe, but having read quite a few threads here as it is just tipping the scales of £5000 they may well keep it in the small claims track.
Im sure someone will clarify your question for more to put your mind at rest.

And yes your correct in thinking that no M I no aurgement for excessive charges.
AL:o

Can't believe it's been this long since my previous post, basically because it's taken the bank this long to finally reply to my letter. (They had to 'refer it back to the Woolwich as they didn't have the info', so of course that meant they had to open up another case number and give themselves another 21 days to respond or whatever it is. Yet the reply came back from Barlcalys not the Woolwich and basically says they can't tell me anyway. Talk about delaying tactics, they're really starting to p*** me off now, sorry).

Anyway the reply I had was this...

As regards your mention of ''manual intervention", the Data Protection Act ("DPA'') does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute ''personal data'' under the DPA and therefore would not be covered by a Subject access request under the DPA. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

I trust that this clarifies the position under the DPA. You should continue to liaise with our Customer Relations advisors regarding wider issues relating to your claim.

Err quite. So is this kind of response pretty standard and do I proceed with the Court action, even though it hasn't really answered what is essentially the basis of the argument?

Any more advise appreciated please.

Chas

Hi Chas
Yes thats a standard response it basically means all your charges have been added by electronic means and they cost peanuts to apply.
They next thing to do is to carry on to court as you have already sent the lba.
AL