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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    Lilaccrystal Novitiate

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    Red face Lilaccrystal V Woolwich/Barclays

    Hi, I have been reading your threads for a long time now, and have taken lots of advice from it.

    I have 3 accounts with the woolwich, A joint account, My own, and Openplan.

    They all amount to Over £16,000, I have been in contact with Head office customer Relations, and was offered 4,500, as a goodwill gusture on all 3, I sent a refusal letter (from your template), and had a phone callicon from the customer relations manager, who said that he cant offer anymore, and as I have started court proceedings on one, it is now out of his hands.

    He asked if i would like him to send me a letter confirming that, I thought it would all add to my evidence so i accepted,

    I am claiming for them all sepratley and Barclaysicon have offered £2000 for both Openplan, and my own account, 2,500 for the joint account,

    The letter reads as follow:

    I refer to our telephone conversation of 12 March

    I am sorry you are unhappy with our offer of £2500 and have requested that we refund all of the charges you have incurred over the last six years. After careful consideration, I regret that I am unable to agree to your request.

    Should you now wish to accept our offer, please sign and return the acceptance form enclosed with our letter of 22 Febuary. However, if you do not wish to accept this offer and you now intend to start legal proceedings it would appear we are unable to reach an amicable resolution.

    I have started court proceedings for my Openplan account, and with all the costs comes to just over 5,000

    I have received a notice of Acknowledgment, saying that they now have 28 days, which will be 4th April.

    So I thought that I would start a thread, because I feel that I will soon be needing all the help I can get,

    I have My statments, and I have printed off a copy of OFT report on Default charges, and The unfair terms in Consumer contracts regulations 1999, and I have yet to print off a copy of Unfair contract terms act 1977.

    What is the chances that I wont hear anything by the 4th, so that I would have to pass judgment?, and if they do phone offering a settlement, they would offer a settlement for the other two accounts as well?

    Sorry for the very long thread, but I thought I would get to a stage where I would need your help and support, as I visit your site often, and cant seem to get into your chat room without freezing, or not at all.

    I hope I hear from someone.


  2. #2
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Hi and welcome you dont need advice you need to slow down, only kidding your on the ball and if they offer it will be for that account only im afraid, you will more than likely get your dosh after you return the aqicon, good luck and any questions ask away.


  3. #3
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Lol, Sorry I did waffle abit didn't I?,

    Thanks for replying, nice to know that i have help when i need it.


  4. #4
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Gets you that way, lol, keep us updated.


  5. #5
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Hi, Just to say dont be surprised if the Woolwich leave it until the last minute to file a defenceicon. That's what happened to me, now i've just completed the Qa, and have printed the court bundle just incase i get to a hearing.

    Good Luck


  6. #6
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Thanks Sally, would I have to send anything with the Qa?


  7. #7
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Just read "help allocation/case managment confrence hearing" made me feel really nervous about all this now,

    Lots of things i dont understand


  8. #8
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Just reading through the small claims self help kit, it stated "who can be sued",
    "always take care to consider who you name on the summons, if you get the wrong party, then the claim may be sruck out, and costs ordered against you".

    I put Mr Richard Coote Barclaysicon Bank Plc, that is the name of the customer relations manager, was this wrong?


  9. #9
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    Default Re: Lilaccrystal V Woolwich/Barclays

    do i need a solicitor?


  10. #10
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    Default Re: Lilaccrystal V Woolwich/Barclays

    No you don't need a solicitor.

    I don't think you need to name anybody personally, if I rememeber correctly there was an option of "company or organisation"???

    You will get plenty of help here, don't worry about anything you dont understand, just post it here and someone will point you in the right direction.

    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!

  11. #11
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Thanks Steve, I'm sure i put organisation, as there was a choice between that or individual, but I put the managers name also,

    Would that hinder me in anyway?


  12. #12
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    Default Re: Lilaccrystal V Woolwich/Barclays

    I wouldn't think so mate.
    Would be a bit over the top if they struck your claim out for that!

    What does it say on your Notice of Acknowledgment as defendant?

    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 Re: Lilaccrystal V Woolwich/Barclays

    Mr Richard Coote Barclaysicon Bank Plc


  14. #14
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Maybe phone the court or MCOL just to clarify it for your own peace of mind although I doubt you have anything to worry about.

    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!

  15. #15
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Hi, Just a quick question, I still havent received a responce from Barclaysicon, it states that they have 28days to file a defenceicon, well do i take the 28 days from the date that is written on the acknowledment of service? which is dated 17th March?
    does that mean i can serve judgment on the 4th april?? (fingers crossed), or do they normally take this long?


  16. #16
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Just been reading another thread............. when I sent my lbaicon, i sent them my schedule of charges,
    When I put my claim in with MCON, was I ment to send them a copy too? also the banks solicitor? ........... I havent done so, so what will happen at this late stage?? ......... really worried now, because this is the first Ive heard of it??


  17. #17
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Hi, i didn't send my schedule of charge with my MCOL don't worry, the Woolwich filed a defence at the last minute and a Qa was sent, i sent a copy of my charges to the court with that.
    Sally


  18. #18
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Still not heard anything, what now?


  19. #19
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    Default Re: Lilaccrystal V Woolwich/Barclays

    Can anyone advise me now?, do I serve Judgement now or what?


  20. #20
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    Default Re: Lilaccrystal V Woolwich/Barclays

    why dont u give the mcol a call and see if they have sent anything in as its been easter hols,

    amandax



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