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)


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  1. #1
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    Default Beukers Vs Woolwich

    Hi all, Im new to all this so bear with me.
    I have got my statments from the Woolwich and added up my charges and on the 18th May sent them the first letter.
    I do know the process as have just won against Lloydsicon, but am a bit anxious with this claim that has just been lost in court?

    Also my friend wants to claim against Abby National but is worried as he has a mortgageicon with them aswell. I know Abbeyicon will shut his account down but will this affect his mortgageicon in anyway.

    Thank you

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  2. #2
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    Default Re: Beukers Vs Woolwich

    Quote Originally Posted by zbeukers View Post
    Hi all, Im new to all this so bear with me.
    I have got my statments from the Woolwich and added up my charges and on the 18th May sent them the first letter.
    I do know the process as have just won against Lloydsicon, but am a bit anxious with this claim that has just been lost in court?

    Also my friend wants to claim against Abby National but is worried as he has a mortgageicon with them aswell. I know Abbeyicon will shut his account down but will this affect his mortgageicon in anyway.

    Thank you
    Ok firstly I have enclosed some links regarding the recent "victory" for you to read.

    As for your friend the mortgage is a seperate issue and as long as payments are made on time this will have ne bearing on his claim. I doubt that they will close his account for 2 reasons: firstly it would be seen as retalitory action which is highly frowned up.
    secondly the bank gets the mortgage payment from his account. Closing would be a problem for them in regards to recieving their payment.
    http://www.consumeractiongroup.co.uk...judgement.html
    http://www.consumeractiongroup.co.uk...rspective.html






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: Beukers Vs Woolwich

    Thanks for the advice


  4. #4
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    Default Re: Beukers Vs Woolwich

    Hi Guys

    Recieved a letter from Barclaysicon today about my Woolwich Claims, they say they diagree with my view and state that I had terms and conditionsicon relating to all charges in detail. But they have offered me £2162.87 to settle, the amount I asked for including interesticon was £3653.04.
    Should I accept their offer or carry on, If I carry on what do I say in my second letter (which needs to be sent on the 1st June) in regards to their letter.
    I was surprised they have offered me anything so quick, surley if they are offering me something that mean they know they are wrong
    Thanks


  5. #5
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    Default Re: Beukers Vs Woolwich

    zbeukers, Send them one of these.http://www.consumeractiongroup.co.uk...ng-offers.html. Good luck.


  6. #6
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    Default Re: Beukers Vs Woolwich

    Thank you


  7. #7
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    Default Re: Beukers Vs Woolwich

    Hi Could someone give me some quick advise, I bank with Abbeyicon National now and have keep my account clean. But unfortunatly my husband left me 6weeks ago and I have got into some trouble with my account last month, I will from now on be ok but Abbey are going to take £290.00 in charges next week and if they do that I will be overdrawn again with more charges, they wont give me a temp overdrafticon and dont think I will be able to catch up again seeing as I only have one wage.
    Im going to talk to Abbey but not sure what to say to get them to drop the charges, when I spoke to them today they said the charges are explained in my terms & Cond and I should keep me account upto date to stp this happening. I do know this but I just had a bad month and cant afford for them to take £290.

    Any advise would be appriciated thank you.


  8. #8
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    Default Re: Beukers Vs Woolwich

    I didnt get a reply to me tter I sent the woolwich rejecting their offer so Started my online claim today at the small claims court. Ive been here twise before butstill feel nervous


  9. #9
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    Default Re: Beukers Vs Woolwich

    Hi zbeukers

    Just thought I'd ask how you are getting on with your claim

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  10. #10
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    Default Re: Beukers Vs Woolwich

    well I did the money claim online last week and they have till the 8 july to put a defence in, so just waiting now

    Thanks welshcakes


  11. #11
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    Default Re: Beukers Vs Woolwich

    Hi Guys,

    The woolwich havent filed a defence so today a did the judgement against them.

    Does anyone know hat happens now, I now they recieve this by 10am tomorrow. do they just payout now, what do I do if they dont.

    Thanks


  12. #12
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    Default Re: Beukers Vs Woolwich

    A number of things could happen. They might still lodge a defence. They may apply for a stay of judgement. Then if the stay is granted continue on with their defence. As they have never defended their charges in a court room that is unlikely. You have already rejected their first offer. So i would say they will likely let the judgement stand.
    Where you have requested judgment by default with immediate payment, you can request a warrant of executionicon, once the status on MCOL shows that judgment has been entered. You can also request a warrant if the defendant fails to make payments under the terms of their judgment order (this applies whether the judgment is obtained by default or by admission.) Good luck.
    If


    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  13. #13
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    Default Re: Beukers Vs Woolwich

    Thats great thank you :O)


  14. #14
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    Default Re: Beukers Vs Woolwich

    Pleasure

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  15. #15
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    Default Re: Beukers Vs Woolwich

    Ma again, I have requested Judgment online and paid the fee and the staus is now

    Your warrant request has been accepted. The warrant has now been sent to the bailifficon at the appropriate court for action.

    Does anyone know what happends now does this mean Ive won and how long do I have to wait now

    Thanks


  16. #16
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    Default Re: Beukers Vs Woolwich

    Hi zbeukers

    Just trawling site and you may want to read:

    http://www.consumeractiongroup.co.uk...=warrant+claim

    and
    http://www.consumeractiongroup.co.uk...=issue+warrant

    Although neither is Barclaysicon, it's gives you an idea of what other Claimants did/went through

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  17. #17
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    Default Re: Beukers Vs Woolwich

    Thanks welshcakes


  18. #18
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    Default Re: Beukers Vs Woolwich

    Hello can some one help me please,
    I had my judgement returned, reason for failure is:

    We are unable to register a Firm/Limited Company. Please advise if the judgement relates to:
    a) Limited Company trading as a firm
    b) Joint Judgement against firm amd limited company
    c) Firm only
    d) Limited company only
    e) Firm part of address for limited company e.g Accounts or Solicitors
    f) other - please specify

    Is this because I have thier details wrong
    Name- The Woolwich
    Address- Barclaysicon Bank PLC
    1 Churchhill Place
    London
    E14 5HP

    Im very confused with what I have done wrong and what I need to do now, please help if you can
    Thanks x


  19. #19
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    Default Re: Beukers Vs Woolwich

    Hi zbeukers

    I've just notice what you've done and yes, it will be because of your typoicon.

    Name should be : Barclaysicon Bank Plc t/a (trading as) The Woolwich

    Address : 1 Churchill Place, LONDON E14 5HP
    The Defendant is Barclays and is therefore a public limited company.

    A (PLC) is a company having a share capital whose memorandum of association states it to be a public company. The shares of a PLC can be offered for sale to the general public as has been with Barclays.

    I think the court need you to clarify as it's your claim and they can't make decisions for you.

    I would personally go fo option D) because, despite it having publically owned shares, Barclays is a LIMITED company.

    If in doubt, ring the court and see if they agree that D) is most appropriate.

    3 Active Claims:
    Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay
    Barclays Refund of Bank Charges (Joint account) - Awaiting court date
    Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.


    3 Wins :
    Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)
    HSBC (on behalf of brother)
    Settled Out of Court - £3,874.76
    Alliance & Leicester (on behalf of friend)
    Settled Out of Court - £723.41

  20. #20
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    Default Re: Beukers Vs Woolwich

    Thanks,

    I have rang the court and they said I just needed to delete Barclaysicon from the address and tell them that it is Woolwich who owes me the money. I just had to send covering letter explaining that.

    Thanks again x



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