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Finally got my DPA paperwork today. i work out i am owed £624.50 in returned cheque and DD charges.
Have just typed up my letter requesting refund and will send it recored delivery today! I already have the letter before action done and ready to send in 14 days, this money will certainly come in handy! the interest is another £108 which i did not claim in the fist letter, if it goes to court i will claim this ack as well as costs!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
The only reply to my prelim letter was the standard, "thank you for your letter, sorry your upset, will contact you soon" from our friend Mike Brophey at Barclays.
Time is up lba is being sent to woolwich HQ (the destination of my preliminary letter) recorded delivery today.
Recieved a letter from openplan today saying "thank you for you letter recieved 20 June (My lba letter)
blah blah.............we will aim to resolve this matter by 19th JULY!!!!!!!!!!
Guess we are going to court
funny seeing as the original letter asking for money back was replid to by Barclay's Mike Brophey...........now the LBA has been replied to and delt with by Openplan????????
seems there are communication issues, oh well their loss
today was the day to file the claim online, as its been 14 days since lba, moneyclaim is all filled out ready to submit.
received a letter today from Barclays offering £300 (my claim is for £624) as Full and final settlement.
do i write back accepting £300 as partial payment blah blah blah and give them another 14 days?, or do i just go ahead and file with money claim now as the 14 days from LBA are up?
You made it clear what you wanted and when you wanted it - they haven't done this so start the claim as you said you would.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Was thinking of sending in the following letter as at the moment i dont have the spare cash for the claim, will have that on the 24th if the letter is refused, also could do without the hassle of courts etc,
would this harm my claim if i sent this? or is it just tottaly the wrong way to approach it? Bear in mind i could do with the £500 quickly, rather than wait another few months for my claim amount.
I am writing in response to your letter dated 3 July 2006.
I was disappointed to see your offer of settlement was only £300, this figure is less than 50% of the total figure I am claiming (£624).
If the roles were reversed, and it was I that offered Barclays less than 50% of what was being claimed, I think we both know what the response would be.
In the interest of goodwill, and to avoid further costs and inconvenience to both parties. I would be willing to accept the sum of £500 as Full and final settlement of this claim.
If this is not acceptable, I intend to pursue my claim in the county court for the full amount plus interest @ 8% pa and fees, the total amount of this claim as of today would be approximately £817.
I am willing to accept for offer of £300 as an interim payment, whilst awaiting receipt of the difference.
If I do not receive a satisfactory response in 14 days I shall begin claim proceedings, I do hope we can avoid the need for such actions.
I would strongly suggest you do not send it for the following reasons:
- It shows you are not willing to go all the way and take your claim to court. Therefore they may simply retract their previous offer and offer you nothing.
- It shows you aren't interested in getting the full amount from them. Therefore it gives the impression you do not believe your claim would succeed in court. So if you did start a claim, they would just make you a silly offer as you will be likely to accept it. If you don't start the claim you are unlikely to receive an offer for this reason.
- There is no harm in waiting until the 24th and submitting your claim then - but don't send anything in the interim.
Your decision at the end of the day but I would strongly suggest you consider my advice above.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Barracad thanks for the advice i agree with your points so i will hold off.
This though has now triggered a pannick!
I went to get all the statements sent to me from woolwich to get prepared for court etc...........and the missus has tossed them out!!!!!!!!!............a rrrggghhhhh!!
now i do have the date and amount of each charge i am claiming for noted down, so i can supply this information, but do not have copies of the statements detailing the charges anymore???
does anybod know if i need the DPA statements to go to court? Or will the date and charge amount be enough, as the woolwich can obviously look those date up quite easily???????
My understanding from what I have read elsewhere in the forum is that they shouldn't even need the list of charges since the bank is well aware of the charges as they supplied the information to you.
I'd take them along in case the magistrate wants to see exactly how the cliam is made up, but you shouldn't need to provide all the statements to do that.
Anyone know different?
Yorkshire Data Protection Act sent 09/06/06
Data Protection Act reply without manual interventions 12/07/06
Prelim sent 13/07/06
Negative Reply to Prelim 15/07/06
LBA sent 15/07/06 for £762
29/07/06 Offer of £381 - Rejected
MCOL 31/07/06 £762 + Costs + Interest.
Deemed to be Served 06/08/06
Service Acknowledgement 08/08/06
Defence and CounterClaim Filed 31/08/06
AQ and defence of counterclaim sent 10/09/06
Courtdate set for 08/01/07
Woolwich Started 09/06/06
Settled in Full 05/12/2006
Abbey Data Protection Act in consideration
Abbey Mortgage Data Protection Act in consideration
I don't think this should pose a problem to you. Did you list the dates and charges into vamps spreedsheet? If so this is what you would supply to the solicitors acting on the Woolwhich's behalf. If it got to the stage where woolwich's solicitors said we need you statement, you could politly tell them that THEIR client has all this information.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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.
yankee_bloke vs Woolwich
done and ready to send in 14 days, this money will certainly come in handy! the interest
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Re: yankee_bloke vs Woolwich
