Claiming £12,000 charges, plus interest

[acslater]

Woolwich Bank Charges - £12,000
I have calculated the total charges the Woolwich have made in the last 6 years. to come to just over £12,000 excluding any interest that may be due.
Obviously I would like to have these charges refunded. I've read through the useful info on the MSE site and because my claim is more than 'small claims' (over £5K), this makes my claim more complicated. Doesn't it?

What should I do? and do you think I have a chance?

[acslater]

I am ready to start the ball rolling today. First I will need to get data from Woolwich re all the charges, approx £12,000. And thenI need to add the interest which may be as much as £3,000.
I really do need some advise as to what to do for the next stage.
How much will this cost me?
Will I win?
Is it worth going fo?
Please help.

[Mogullen]

Hi. In answer to your question yes it is worth going for it is your money.
As for how much it will cost you need to look at the MCOL site for guidance. From reading all the other posts it is probably easier to claim in three seperate actions starting with the oldest and working forward. If the claim is kept under £5k it goes through the small claims court and you are not liable for there costs.
This would be the best option in my opinion. Takes a bit longer as you have to wait until one is settled before starting the next but seems the way to go.

[Movingon]

A) It's likely that you would win, yes, BUT

B) Whether you win or lose, the Judge has discretion as to who pays for "Costs" incurred by Claimant and Defendant. He could award Costs against you, which could cost you tens of thousands for the Bank's solicitors and time spent dealing with your claim.

C) It's all down to whether you want to take the risk; personally I think that the bank will do anything to avoid court; however Fast Track claims (which yours would be) require Full Disclosure by both parties; hence the bank would know your case top, bottom, back to front and sideways before they got to court, and would cover every angle they can think of with legalese and bullshine. You would in all likelihood have to have a solicitor... it would be difficult to fight this as a litigant in person.

I would think that the earlier suggestion of fighting it in three separate actions is probably the wisest unless you can afford to take the risk of Fast Track. Oh - and I would try to find another way to split it; just to avoid the bank forcing it into Fast Track by asking the court to consider all the other dates too. Split it by type of charge or something... and for the same reasons wait for one action to be complete before you commence another.

[acslater]

I am really confused. I think I have a couple of options to claim. Am I right?

1) Claim through small claims at no more than £5000 at a time, so that would mean 3 claims. Will have to pay any costs?

2) Claim through fast track.
How much will that cost me? Some people say no more than £750, and some say it could costs tens of thousands. What is right?

Do I make an inital approach to the bank in either case to ask for my money back? Do I ask for the full amaount plus interest?
What will be their response?
I've heard some claimants have got more than they've claimed back. How?

[acslater]

sent letter to Woolwich re data protection act - 29 June 06
sent letter to Lloyds Bank re data protection act - 29 June 06

[Movingon]

I am really confused. I think I have a couple of options to claim. Am I right?

1) Claim through small claims at no more than £5000 at a time, so that would mean 3 claims. Will have to pay any costs?

Yes, you'll have to pay the standard fee of (I think) £120 per claim plus any Allocation Questionnaire fee of £100 per claim. However you add this to the total you're claiming without including it in the £5000 limit; your charges can add up to £5000.

2) Claim through fast track.
How much will that cost me? Some people say no more than £750, and some say it could costs tens of thousands. What is right?

As I said it depends upon the Judge. If the Judge awards COSTS against you, then you will be liable for the costs of the defendant, which could add up to tens of thousands. If not, then you'll only be liable for your court fees as above. If the Judge awards costs against the defendant, then THEY will have to pay back your court fees. No idea what the court fees for fast track are.

Do I make an inital approach to the bank in either case to ask for my money back? Do I ask for the full amaount plus interest?

Yes - you have to be seen to be trying to settle this out of court; court is a LAST RESORT. No, you ask for the amount you're going to be claiming in the court; i.e. around (just under) £5000 per claim. Split the claim up as you like, but it may "sit" better with them if you split it up by type of charge rather than by date.

What will be their response?

They will say "No" and make you submit court papers. What stage they pay up after the court papers go in is anyone's guess and depends on the organisation; the survey results page will help here.

I've heard some claimants have got more than they've claimed back. How?

I haven't heard anything of this nature. What I have heard is people trying to pull a fast one, or get their own back on the banks or whatever and claim back more than they're entitled to. I cannot condone or encourage this practice. This site is about using the law to get back what we're legitimately owed; not about abusing the law to get one over on the banks.

[acslater]

I have sent my letter to the Woolwich (Barclays) asking for a refund od charges amounting to £10,605.50, plus £2,173.62 interest (total £12,77.12).

Received a letter back from Barclays and apart from a page of blurb, they have offered me £1,000.

Needless to say, I will be seeking the full amount in £5000 lumps.

hi ive a biggy too mine was supposed to be in fast track but my nice judge put it in small claims thanks to jonni2bad info on n150 forms in the library...please try and go for the whole lot you wont end up in court....
dont forget in fast track you have full disclosure an excellent tool no way will they want to disclose anything pm a mod to get them to look at your thread
lobster

[acslater]

Thanks. How do I go abou it, and how did you do?

i followed jonni2bad exact wording on the N150 form in the library.
court date is on 25th october i typed it up as opposed to writing it and again i put a schedule attached to it to help the judge!!!!! hope this helps.. they will freak out coz of the standard disclosure!!! so go for it just follow the timetable and you wont go wrong i promise keep reading and reading lobyx

[acslater]

I have had a reply from Woolwich in response to my claim of £12k. They made me an offer of £1,000 and asked me to sign a form to close the claim.

I really want to get the small claim in this week as I've delayed it long enough. Can I claim 00-02, then 03-04 and then 05 to 06 to keep the claims under £5k. Or do I have to submit the claims under types of charges, ie. unpaid cheque, overdraft etc.
Thanks

[acslater]

Can anyone guide me please.
I want to get the claim in this week, but I need to know how to the the £12.7K back. Do I claim it in types of charges, or can I claim it by dates ie 2000 to 2002 and so on?

[paddym]

Use Vampiresses Spreadsheet You Need Dates And Type Of Charge Which You Find On Your Statements It Totals Them Up For You Youll Find It Very Helpfull Its In The Templates Section !