CantTakeanymore v Woolwich (Have I blown it?)

[CantTakeanymore]

:o :o Hi all,
Way back on the 10th of April, I got all pumped up and brave enough to send off 3 x Subject Access Request's, one to the Woolwich, one to Barclays and one to HSBC.
I heard back very smartly from the Woolwich, and was sent a list of my charges but only as far back as 2001, and along with the list a letter with the usual blurb and an offer of £1335.00 as goodwill. This also had built in a statement that if they hadnt heard back within eight weeks they would close my case.
Even on a quick totting up of the list they sent I could see that their offer was a minimum of £500-600 short of the total up lists they had supplied. If indeed these 2 and a bit pages was the whole total charges I had incurred during that period back to 2001( and Im not convinced they are), that still is not taking into account anything further back than the six year cut-off time line the banks want to deal with. So I didnt reply straight away as I was mulliong over in my head how to proceed, reading many many posts on this site to gain some precedence info etc, when out of the blue I was taken seriously ill and found myself in hospital.
For quite a many weeks after I was in a lot of pain and consequently dosed up on seriously strong pain relief, near enough all the time. I had to have many tests and assessments etc and I admit became oblivious to just about everything else in my life, my sole goal each morning was to be able to manage the day without being in pain, my solution most days was sleep and the drugs....Gradually things were sorted out and although I shall be facing an operation sometime this month, life was a lot easier in comparison to the weeks previously. Saying that I was and still am not right and I found ability to concentrate on anything more than "Did I want a cup of tea"? a real struggle. I've been trying to write this for weeks, along with cant get my head in gear, I am pertified that I've blown it because of the delays and that I wont even get the minimum offer they made originally, basically the ball will be in their court and they'll tell me to go jump!!!. Bottom line is we REALLY need that money.... I would be sooooo greatful for any advise or direction pointing given, and thats just the Woolwich, the other two Barclays and HSBC are problems as well but in more than one area and I need to do something with both of them as well, but I guess I should post each seperately in their corressponding forums? Have I got that right at least??/....lol
Georgi

[welshcakes]

Hi Georgi

And welcome to CAG where you can stop worrying!

Firstly, I hope things are getting a little easier day by day (which is how you have to take thins no matter how frustrating).

Secondly, you ave not blown it and the ball is not (and never will be) in their court. Forget their timesclaes and bully tactics of pushing deadlines on you - they aren't in the driving seat and have absolutely no right to call the shots over you having YOUR money refunded.

From your post, I read that you haven't yet sent any letter requesting a refund. If this is correct, the first thing you need to do is to send them a http://www.consumeractiongroup.co.uk...repayment.html

You must not worry about this silly bank, you will get your money back in full as long as you stiock to the steps on this site.

[CantTakeanymore]

Hi Welshcakes, once again I want to thank you sincerely, you always give encouragement and solidarity which I have not expertienced lately. Ive just gathered all the information with regard to another problem of mine namely HSBC. I will post the main body of writing on the HSBC site, but in a nutshell, on recently looking at our credit reports on line, my old current account with hsbc that I closed on 21 Oct 2001, and which according to the copy statements they managed to sent me not long ago, there was most difenitely a BIG FAT ZERO balance, and yet on the Call credit report its shows the account status at present as DEFAULT...it now refers to the reference of what was a current account as an unsecured loan...no start date recorded, £707 balance, and worst of all they havedefaulted with a dirty big "D" every month since then, yet I have NO idea what this is, and they have never contacted me with a demand, interest rise advise or anything. Its obvious now though why I couldnt even open a new BASIC bank account, any lender who looked would run as fast as posssible it looks terrible, 4.5 years worth of uninterrupted default marks.

On the correspondingEquifax report page its reference to that closed account is that it was closed on the 31/01/2002 witha o/s balance of £752.00 and it too is called a LOAN???, they wouldnt even give me a £50.00 overdraft how did I mange a loan then?? and when did I sign it, I have no paperwork. They also have not sent ALL relevant charges including past 6 years, only May - account closed Oct21 2001. I started banking withem in 1981.

What do I say , I have no idea how to remedy and clarify this mystery loan they are slandering me over. what can I do to get them tto send all paperwork not 5 mths. Can I ask to see the copy of the original contract I supposedly must have signed, and I dont understand how they could change the statement's end balance of 0.00 and post on credit site completely bogus or news to me details that have been controlling my financial situation for coming on 5 yrs. Its unfair ...Again sorry, but I need help!!!!

[Simon1952]

Hi CantTakeanymore,

Firstly relax and calm down. The help you can get from this site will make things relatively easy, just take things one step at a time.

My advice would be don't try and do it all at once. Tackle one claim to start with and then when you are waiting for them to reply you can start the next one.

Start with the woolwich as you have already had some success there. Send them the letter Welshcakes suggests and get things moving again.

Once you have done that and while you're waiting for their reply, you can resend the SAP's to Barclays and HSBC if you didn't get a reply the first time. Get your statements or the information from HSBC and then you can look at sorting out why they have a default against you and have the account down as a loan.

Remember - any doubts just ask here.

Simon1952

[welshcakes]

Hi Georgi

Ok, so first thing I notice is that your March thread on HSBC has got a bit lost so you need *bump* it to the front of the threads or re-post on a new thread - I would recommend that if you decide to make a fresh thread, keep it short and sweet as it'll prompt more people to respond with advise if they get just the basic facts

Though I don't have any experience with HSBC, I would suggest that your first move should be to write to the registered mail setting out
1) The Dispute a) that you challenge the fact that there was a deficit balance at the time of account closure and
b) that you challenge the validity of any subsequent Defaults that have beenplaced against your record as a result of the closing status of the account

2) What you Want them to do - here you will state that you put them to proof of the deficit balance and in order to exact such, you require them to furnish you with a list of all transaction activity for the account. You remind them that this must be received within 40 days in accoprdance with the Data Protection Act.

3) Consequences - Here you explain that should they fail to supply the information requested by the deadline, you will take legal action against them for non-compliance of the Data Protection Act.

End by assuring them that you are extremely concerned with the apparent error that has been made on your account which you have only recently discovered through a Credit search. Tell them that the financial difficulties the error has caused since the wrongful application of the Default has been sever and is ongoing however you believe it would be best to gve HSBC the opportunity to voluntarily correct their mistake but that they are limited to a 40 day deadline to accomplish this.

Hopefully, you may find someone posting on the HSBC forum who has experience of this or at least can provide you with the best contact addresses and phone numbers to pursue.
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