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They set Equidebt on her to recover a debt made entirely of these charges.
I wrote her a letter to send to Equidebt demanding they lay off as she was disputing the debt.
Woolwich wrote to her with the " We will reduce each charge to the £12 "allowed" by the OFT" letter.
She was quite scared and intimidated by Equidebt's threats of legal action, and without telling me, she signed form agreeing to the charges reduced to £12, posting it today. She has only just told me. She is lovely but a little naive and didnt really understand what she was signing.
Arghhh!
Its a long shot, but can I now write her a letter for her to send, withdrawing her acceptance?
Its worth a shot. The OFT ruling for £12.00 limit refers to credit card charges and not charges relating to a current account. You could state that this has been misunderstood and the acceptance is withdrawn.
The worst that could happen is they refuse to accept it but its surely worth trying.
I would also include some pressure points like ignoring the SAR etc.
A & L SETTLED IN FULL
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a jacuzzi with Bananarama. I have not lived in Bolton since 1986
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Re: noomill060's friend v Woolwich
Dear Sir,
I am writing to withdraw my acceptance of your recent offer.
I have been under great stress from your DCAs (Equidebt) unlawful demands for repayment of your unlawfully applied charges and I consider that I was bullied and intimidated into accepting your offer.
As you are no doubt aware, the OFT did not set an acceptable level of charges, nor is it within it’s powers to do so. The OFT's report refered to credit cards and not current accounts.
Your disproportionate charges are unlawful at Common Law, Statute and in regard to consumer directives and your T&Cs in relation to penalty charges are therefore unenforceable.
I will accept your offer only as part payment, on the clear understanding that I will pursue the balance and all interest levied theron, through the courts if necessary.
In October of last year I issued a Subject access request which you have not complied with.
I will now file at Court to enforce compliance.
I reserve the right to draw the courts attention to this letter.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: noomill060's friend v Woolwich
As the T&Cs which they rely on with regard to charges is unenforcable and conceals the unlawfulness, would it carry that an acceptance to reduce to a lower arbitrary figure of £12, would also be unenforcable, as the whole issue revolves around T&Cs which were agreed to at the account opening?
In short, if part of a contract is unenforcable and unlawful, does reducing the charges make it any less unlawful?
They could wave it around in court but we all know they wont go to court so i dont think its an issue.
Send your letter off and see what happens. It cant make the situation worse can it!
A & L SETTLED IN FULL
Spml Reluctantly withdrawn
Blackarse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
noomill060's friend v Woolwich
last October.
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