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 Angie72 v Woolwich **WON**

    Hi Everyone

    Thank you for the advice received on this site, I have found it very helpful.

    Just asking for advice really.

    We started our claim against the Woolwich 12th September 2006 when I sent letter requesting a list of charges. They sent this back on 28th September.

    19/09/06
    Next I had a letter from Barclaysicon with regards to the Data Protection act saying 'the DPA does not oblige the Bank to comment about internal policies and procedures'

    16th October
    Standard letter saying they are looking into it.

    30th October
    Standard letter saying 'they are sorry to hear that I feel the bank charges are unfair, but with the offer of £1000 without any admission of liability.

    Offer accepted but noted that we will still continue with our claim.

    6th November
    Letter to say 'sorry we remain unhappy' but the £1000 was in gesture of goodwillicon.

    7th November
    I sent lbaicon and schedule of charges giving 14 days till court action.

    NO REPLY so on 23rd November I filled out Moneyclaim online, with my particlars of claim

    They acknwledged the claim on the last day possible! 12th December giving them another 2 weeks.

    27th December
    I checked online but no defence had been entered so I requested Judgement.

    28th December
    Checked again but the Judgement had been rejected saying that they are going to defend the whole amount and it will be transferred to a county courticon.

    What will happen now?
    Any advice is appreciated
    Thanks
    Angela

    Similar Threads:

  2. #2
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    Default Re: Angie v Woolwich - Help - advice needed

    They will prob send you an allocation questionaire and ask you to complete it, there is a guide here on the site. You will win, you seem pretty calm. Dont worry about it, they are just trying to mess you about.

    My advice is only my opinion, I am not a legal expert.

    IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

  3. #3
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    Default Re: Angie v Woolwich - Help - advice needed

    Thank you for your comments, just a bit worrying that we might have to go to court! Do you know if anyone has actually been to court?

    Angela


  4. #4
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    Default Re: Angie v Woolwich - Help - advice needed

    I have never heard or seen anything going to court with this bank charges thing. Do not worry about it. Just remember that the banks don't want to go into a court room and disclose how their charges work.
    ----------------------------------------------------------------------

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    My advice is only my opinion, I am not a legal expert.

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  5. #5
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    Default Re: Angie v Woolwich - Help - advice needed

    No you are very unlikely to have to go to Court.
    Barclaysicon are known to take things to the wire....its unfortunate that they evaded judgement but this happens.
    Stay calm and await the aqicon and their defence which will prob be their standard 4 pages denying everything they may even threaten to counterclaim if they lose.
    make sure you get everything right as Barclays certainly look for holes.
    My own claim with them started back in June and my hearing isnt until March !!!
    I am moving your posts along with a thread title change into the Barclays bank group.
    There are no shortage of Barclays claimants......have a look at some threads it will give you an idea as to what to expect.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.
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  6. #6
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    Default Re: Angie72 v Woolwich

    hi I agree with Martin. Barclaysicon/Woolwich seem to enjoy stringing things out to the last minute one claiment was being chased up the steps of the court house with a settlement offer.

    The most people have gone to court for is removal of CCJ and defaults (myself included) but not for a straight forward bank charges claim.

    Also Looking back at my file I had 100's of letters crossing over from both barlcays and Woolwich it appears it their way of trying to confuse the issues as they dont usually even correspond to each other!!!

    I think its a case of right hand left hand!!!!

    Take care and keep us up to date.

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  7. #7
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    Default Re: Angie72 v Woolwich

    Hi All

    I sent my AQ to the court, was due by 16th Jan 07 and waited for Barclaysicon to send in theirs.

    I have received a letter from the county courticon today to confirm that a Judge had looked over the paperwork and allocated the Small Claims Track, they ordered Barclays to send me a list of charges that had been applied to my account? (not sure for what reason?).

    Also asked for each party to deliver to each other and to the court, copies of all documents on which we inted to rely on at the hearing. No hearing date has been set you (with a note on the order that we will be notifed).

    Can anyone advise if these are just copies of the letters sent between myself and Barclays or should I put together the Court Bundle at this stage?

    Thanks
    Angela


  8. #8
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    Default Re: Angie72 v Woolwich

    All the documents in the bundle are what you are relying on in court not just your statements and correspondence but things like legal precedents and the OFT statement which support your claim.


  9. #9
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    Default Re: Angie72 v Woolwich

    I'd like to know this too - do I include things like a copy of my aqicon and print of my original Moneyclaim?

    Barclays £3065 - prelim letter 30/7/06 - LBA 15/8/06
    Halifax CC £495 - prelim letter 30/7/06 - LBA 15/8/06 - MCOL 5/9/06 - FULL REFUND!!
    Sainsburys CC £580 - prelim letter 30/7/06 - offered £25 10/8/06 - LBA 15/8/06 - MCOL 3/9/06 - FULL REFUND!!
    First Direct £352.50 - prelim letter 11/8/06 - LBA 25/8/06 - offer of FULL AMOUNT 7/9/06
    Virgin CC - Data Protection Act letter 3/8/06
    New Look £110 - prelim letter 30/7/06 - LBA 15/8/06 - offered £50 20/8/06 - MCOL 1/9/06 - £142.25 r'cd 25/9/06
    OH MBNA CC - Data Protection Act letter 14/8/06
    OH Halifax CC - Data Protection Act letter 14/8/06

  10. #10
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    Default Re: Angie72 v Woolwich

    I used Bookworm`s basic court bundle at:

    http://www.consumeractiongroup.co.uk...lates-library/


  11. #11
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    Default Re: Angie72 v Woolwich

    Oh my god, I have won!!!

    I received a letter today from Barclaysicon with full settlement, obviously stating that they do not admit any admission of liability!!!!!

    Also the usual confidentiality clause (which i crossed out before I sent back the signed copy)!!!

    Just waiting for the money to go into account before I send letter to court advising that we want to discontinue our claim against them.

    Thanks to everyone on this site, it feels like I have done nothing but read things on this site for months!!! (But worth every minute)

    donationicon to follow as soon as monies in account.

    I am so happy did not have to go to court as was feeling nervous about that but as everyone on this site says "it will never go to court" you do still wonder if your case will be the 'Test Case' and end up in front of a judge!!!

    Am in process on starting moneyclaim with Abbeyicon now - BRING IT ON!!!xxx


  12. #12
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    Default Re: Angie72 v Woolwich

    Congrats Angie

    I've recieved a court case management date so am hoping that I'll get a similar letter soon.

    I'm like you, awaiting this settlement before using some of the money to start against the other institutions taking my money hand over fist!

    Good luck with the Abbeyicon, enjoy the victory!

    Woolwich (Barclays)
    Prelim sent 05/09/06, various correspondance sent/recieved, LBA sent 09/10/06, Goodwill gesture of £xxx offered 21/10/06 (rejected!), MCOL filed 11/12/06, Defence & Court AQ recieved 11/01/07 returned 29/01/07.
    30/01/07 Transferred to District Judge for directions. 05/04/07 Case Management Conference due at Southend County Court.

    Vodafone
    account in dispute, see this thread... http://www.consumeractiongroup.c o.uk/forum/telecoms-mobile-fixed-broadband/59651-cancelling-accounts-email.html

    Capital One (myself and partner)
    coming soon... watch this space!

    Llyods TSB Credit Card Charges (partner)
    coming soon...watch this space!

    TeleWest Broadband
    non direct debit fee's, coming soon... watch this space!

    I'm sure I'll think of some more!

  13. #13
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    Default Wow I have won!!!

    Oh my god, I have won!!!

    I received a letter on 20th Feb from Barclaysicon with full settlement offer, obviously stating that they do not admit any admission of liability!!!!!

    Also the usual confidentiality clause (which i crossed out before I sent back the signed copy)!!!

    Just waiting for the money to go into account before I send letter to court advising that we want to discontinue our claim against them. (update - money went in today!!!) yipee!!

    Good luck to everyone else doing this, its really scary but stick with it, they go right to the last minute before settling!!!!

    Thanks to everyone on this site, it feels like I have done nothing but read things on this site for months!!! (But worth every minute)

    donationicon to follow as soon as monies in account.

    I am so happy did not have to go to court as was feeling nervous about that but as everyone on this site says "it will never go to court" you do still wonder if your case will be the 'Test Case' and end up in front of a judge!!!

    Am in process on starting moneyclaim with Abbeyicon now - BRING IT ON!!!xxx


  14. #14
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    Default Re: Wow I have won!!!

    WELL DONE YOU !!!


  15. #15
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    Default Re: Wow I have won!!!

    Thank you.

    Can a mod please change my name thingy to won! Also did not keep my threads together!! can this be changed as it shows the details of my claim!

    Sorry!


  16. #16
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    Default Re: Wow I have won!!!

    Well done, your claim was only a few days ahead of mine so hopefully I will be hearing something soon 2


  17. #17
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    Default Re: Wow I have won!!!

    Thanks Poppy and good luck, am sure you will hear very very soon


  18. #18
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    Default Re: Wow I have won!!!

    Quote Originally Posted by Angie72 View Post
    Thank you.

    Can a mod please change my name thingy to won! Also did not keep my threads together!! can this be changed as it shows the details of my claim!

    Sorry!
    Done.




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