Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
    SPK SPK is offline
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    Default Helping an old bloke

    Hi gang, i wonderd if you could help....
    I have a pal at work he is 63 so no spring chicken.
    A cpl of years ago his wife passed away and since he has struggled big style!
    He has many accounts and credit card ( all in debit) every one of the accounts has very large charges on them which he has asked me to help him with.
    The first of which is the Woolwich, we got a nice letter back saying they will look into this and reply by the 12th Jan 2007 ok i said we will wait.
    Friday this last week work went to pay he wages into this account and they have closed it without notice and handed it to a debit clollecting agency ! is this legal ? if so what can he do ?
    Can he ring them and say that the account is in disputeicon and what they have done is not right ?
    Any help is appreciated
    Regards
    SPK

    Similar Threads:

  2. #2
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    Default Re: Helping an old bloke

    Yes he can - he should get the second letter off (assuming it is past 14 days from the first) and adapt it to mention that the account is in disputeicon. There are some letters around which have been used in similar situations. have a search on dispute and you should find some helpful posts.


  3. #3
    SPK SPK is offline
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    Default Re: Helping an old bloke

    Hi ya, i have been trying to find this letter you mentioned but cant find one..... would someone point me in the right direction as i know this guy is in deep stum if i cant help him out.
    Thanks in advance.
    SPK


  4. #4
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    Default Re: Helping an old bloke

    The letter he got saying the bank had handed the debit to a collections agency is this the address we send the letter saying that the account is in disrupt ? or do we send this to the address the account is held at ?
    Thanks all
    SPK


  5. #5
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    Arrow Re: Helping an old bloke

    HI SPK ok read through link posted below, pick out the bits you need.
    1 parachute accounticon (so the woolwich cant nick his money)
    2 Read the step by step guide and the FAQs they do help
    3 Data Protection Act (Subject access requesticon)
    4 Spreadsheets
    5 Prelim Letter
    6 lbaicon
    7 (possibly) Letter of acceptance of partial offer and continuance of claim.
    8 N1 (personally better than an MCOL)
    9 Allocation Questionaire.
    10 Now you get your money Barclays/woolwich thats what they are like.
    Heres the link http://www.consumeractiongroup.co.uk...hat-youre.html

    Were here most of the time and will help any probs we will get someone to help but most of your answers will be in the link and have a read through the woolwich forum. its a long haul but you just need determination.

    RE the account and dispute as with any thing put it in writing even if you have the time take him and a letter explaining the facts and make an appointment with the manager. The only thing is they are allowed to offset other monies into accounts with they say you owe. So parachuteicon
    account is vital.

    Well done to you for helping i hope you and your family have a happy new year you deserve it.

    AL

    PS send DPA SAR to both the woolwich and the DCAicon this legally abliges them to supply all data they have stored on you (enclose a £10 postal order with each letter send it recorded) note number of p/o and give them 42 days to reply woolwich normal take 21/28 days.

    -------------------------
    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: Helping an old bloke

    Thanks a million indeed, just to let you know we have drafted a letter for him but cant send till he is back at work on weds as i dont know the debet collecting agency they are using and also the banks address.
    Will post more on Weds.
    Thanks Al
    SPK


  7. #7
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    Arrow Re: Helping an old bloke

    Quote Originally Posted by SPK View Post
    banks address.
    Will post more on Weds.
    Thanks Al
    SPK
    See the link in my post above the addresses will be there.

    HTH

    AL happy new year

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

  8. #8
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    Default Re: Helping an old bloke

    Hi Al, i have spoken to my friend on the fone just now, he hasnt had a letter but was told by a fone call!!! so he is coming to see me tomorrow with all he has so i can make a few calls for him.
    Spk


  9. #9
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    Default Re: Helping an old bloke

    SPK
    Personally i would put it writing to them by all means phone(get names, departments ect) but back it up with a letter, one for them a copy for you.

    AL

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

  10. #10
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    Default Re: Helping an old bloke

    Hi ya Al, i have been to work and seen the guy today, he hasnt had the account closed they Froze it till funds went in there! which i have told him not to put any money in that account and to use the new one i have set up for him :O)

    The Woolwich are sending him letters asking for more money and telling him that more interesticon and charges will be put on the account daily until he deposits money to cover the what he "owes" them.
    What should he do ? ignore them ? they still have till the 12th Jan to give him his statements....

    Regards
    SPK


  11. #11
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    Arrow Re: Helping an old bloke

    Hi SPK
    I would write to them explaining you feel the account is now in dispute due to the disproportionate penalties levied on the account and you could ask that they cease adding penalties (dont hold you breath) until the situation is resolved by either their reimbursement of the penalties and the interesticon added to them voluntarily or by your instigating a county courticon Claim.
    The letter could also 'cover the old blokes back' in case they threaten to issue a default (it would be against the Banking Codeicon Sec13.6 i believe)sniff (If you needed to go to court to get a default removed they could not say they didnt know the account was in dispute.)
    If you have'nt already sent off the prelim stick in with that,
    If you have stick it in with the lbaicon. Either way it will save the postage and do it recorded

    I will try and find a template like letter over the next day or two, im not sure thats theres one in the library but there are some very eloquent writers on these forums. You never know perhaps i can coax one into it.

    Now wheres that nice Michael Browne


    AL

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

  12. #12
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    Default Re: Helping an old bloke

    Hi Al, thanks very much m8, im really gratefull as the poor ole chap can hardly afford to fed himself let alone try to hold a job down.
    Thank you.
    SPK


  13. #13
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    Default Re: Helping an old bloke

    can he not claim any benefits or is he ie. council tax reductions i must admit im not in least clued up on that stuff, but in think i know who is so if you need a point in the right direction just give me a nod. One thing i do know is if any benefits go into an account there are restriction on what a bank/BS can take.

    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: Helping an old bloke

    Quote Originally Posted by SPK View Post
    The letter he got saying the bank had handed the debit to a collections agency is this the address we send the letter saying that the account is in disrupt ? or do we send this to the address the account is held at ?
    Thanks all
    SPK
    Posted in error

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

  15. #15
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    Default Re: Helping an old bloke

    Not sure on if he is entitled to benefits but will ask the question.
    Geeting his charges back will help no end.
    He has 3 accounts i have to sort then 8 credit cards !!!!!!!!!
    Gunna be a hard old slog i think but just to see the smile i got when i said i would try and help was enough.
    SPK


  16. #16
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    Default Re: Helping an old bloke

    Ok i think you can ignore that one i just read the thread again

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

  17. #17
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    Default Re: Helping an old bloke

    Quote Originally Posted by SPK View Post
    What should he do ? ignore them ? they still have till the 12th Jan to give him his statements....

    Regards
    SPK
    1 Dont ignore them. Make a token payment. At least he's trying
    2 Send a letter to remind them of their obligations under the Data Protection Act(40 days). If they fail send a letter from the template list to the Imformation Commissioner

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

  18. #18
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    Arrow Re: Helping an old bloke

    Quote Originally Posted by SPK View Post
    Not sure on if he is entitled to benefits but will ask the question.
    Geeting his charges back will help no end.
    He has 3 accounts i have to sort then 8 credit cards !!!!!!!!!
    Gunna be a hard old slog i think but just to see the smile i got when i said i would try and help was enough.
    SPK
    Top Man SPK
    Yes slog it will be try not to take on too much at once, some pay up relatively easily others like the woolwich/Barclaysicon/Abbeyicon seem to take forever.

    AL

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

  19. #19
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    Default Re: Helping an old bloke

    Is there a template letter for the reminder letter Al ?
    Im rubbish at finding them :O(
    SPK


  20. #20
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    Default Re: Helping an old bloke

    Hi Clint

    No i dont think so you only need something like



    Data Protection Act Subject access requesticon 1998

    Acc No.***************

    Dear sir/madam

    with reference to my letter of **/**/**** you have not as yet fulfilled your obligations under the DPA.SARicon 1998

    As you are aware you are allowed 40 days to supply the data i require.

    If i have not received the data by **/**/**** you will leave me no further option but to inform the relevant authorities.

    Im not the worlds greatest letter writer but that should be ok

    AL

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


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