Tilly01 v's Woolwich

[tilly01]

Well here goes, have read loads and sorted things out in my head, and am now going to start the ball rolling, Thanks for all advice so far, and will def be grateful for any more along the way!!!

So am today sorting out S.A.R - (Subject Access Request) then sending so is with them on Monday Morning

TTFN

Tilly01

[petetheleek]

good luck!!! im with woolwich open plan i'm at court stage just waiting for a hearing date!

[paddym]

good luck Tilly your among friends !

[tilly01]

S.A.R - (Subject Access Request)'s went in post yesterday, so should be with them first thing tomorrow, Bring it on!!!!

I am also taking on Capital One, Have just been and sorted out the statements and letters we have had recently and I AM FUMING They have put up our min payment to 5% from 3% with out telling us, I couldn't work out why our min payment was so large, we had arrears but not as much as they indicated so went back and worked it out from statments and they out it up in AUgust with out telling us, has this happened to anyone else? So am now totally determined to have them for every penny

[traceyrmj]

hi tilly now you have sent off the S.A.R - (Subject Access Request) its a good time to have a read thru the library and a few of the current cases on each forum for your banks/cc's that way you will get an idea of the way your bank plays the game ( for instance HSBC will probs ignore you till you sue, abbey will throw a lump of cash at you (but only about a quarter of what you are claiming) A&L will threaten to close your acct etc...
have a read and shout if you get stuck there is normally someone about

[tilly01]

Have recieved Thank you we are a nice bank and won't charge for Data Protection letter, Now waiting for actual info.

***fingers drumming impatiently on table****

Also from the woolwich I recieved the 'we are looking into your complaint' Letter, giving dates they will reply by, Not sure why, haven't even sent first letter yet, but am now wondering if they know what's coming!!!
Has anyone else had this, I sent the basic S.A.R - (Subject Access Request) letter from the template file on the site. Would be nice to know if this is just standard, but in all the cases I have read noone mentions recieving that letter until they have sent in there first letter.

Oh Well Now just got to wait

****Fingers still drumming, now very impatiently*****

[tilly01]

Hurray, the list of charges turned up today. Have added it all up and comes to the tidy sum of £2369.50. HAve done prelim letter but now need to type up schedule of charges. Letter to go off tomorrow.

[tilly01]

All done. Ready to post recorded tomorrow!! let the fun begin

[paddym]

well tilly you seem to have it all under control ! good luck !

[tilly01]

Quick Question, As charges are added to my account between prelim and LBA can i change the amount i am claiming each time, have incured charges since the list was sent by the woolwich but did not add to schedule?

[essjaysea]

You can add any charges that have been applied right up to the point when you issue your court claim, and include them on a revised schedule.

Charges that are incurred after the claim has been filed cannot be added without making an amendment to the claim, which will cost £35, and significantly delay the process. You can add them when Barclays are at the stage where they are offering a settlement prior to the hearing

[tilly01]

14 days are up (plus a few extra ) so have now sent LBA, have also logged into MCOL to start that, so I am ready to take them all the way!!! rollon 14 days and it's off to court we go!!!!

[tilly01]

Well things have finally moved on, I recieved an offer of a third of my claim from Mr Lawrence White from Barclays, on the 3rd of December, due to xmas and everything I didn't get to reply till 28th December, sent him a lovely letter saying thanks but i want all of it and as the date for next action was the begining of December ( sent LBA on 14th November) I have filed court papers.
Have now filed court papers at Lowestoft, deemed served 30th December, So now we wait!!!!
I am going to try and ring them on Friday to see if they will talk to me and settle before we get AQ but I'm not holding my breath!!!
Watch this Space!!!

[tilly01]

Have recieved acknowledgement of service from the woolwich dated 4th Jan, they didn't recieve the court papers until the 30th December so I think this must be a record!!! But we did make a bit of mess of the papers, i filled in my details in the defendant box and forgot to sign the form, so called the court and went in to do the alterrations and they resent the papers for me!! Phoned them this morning and apperently I'm not even on the spreadsheet yet!!! Me thinks there might be a few pages to this spreadsheet!!! So the lady told me that they would enter there defence, so I asked if it was worth ringing when the AQ comes and she said it could take 8-10 weeks to get to that stage, I thought htis was only 28 days from sefvice of papers, could someone tell me if this is correct??
Thanks
Jayne

[paddym]

Tilly i would say your more up to speed than they are ! ive read other post and personally think myself its 28 days but hey your in this for the long haul dont worry you will get there eventually the same as the rest of us keep the pecker up it will not be long coming your way !

[tilly01]

HELP!!!!!!!!!!

have today recieved notice of preliminary hearing, it says

district judge sparrow has considered the statements of case and AQ's filed and allocated the claim to the small claims track, before the claim is listed for hearing the judge has ordered that a preliminary hearing should take place because:
special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.
At this hearing the court will consider either:
a) to stay the claim pending the decision in a test claim involving the defendant, or
B) to give directions for this case to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.
Not less than 14 days before the preliminary hearing the defendant shall file with the court and serve upon the claimant details in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.
The claimant may make any representations tothe court in writing provided these are recevied by the court and served on the defendant not less than 5 daysbefore the preliminary hearing. If either party is prepared to abide by the descion of the judge as to the directions to be given that party is excused from attending the preliminary hearing.

So can anyone decifer this for me and tell me what might be happening, i didn't expect this, so any help will be gratefully recieved

Love Jayne xx

[tilly01]

BTT.......
Please can a mod help me out with this, any help gratefully recieved

[tilly01]

BTT again,
Please vcan some one have a look at this for me and let me know what is happening,. i have an idea but would like someone to confirm it.
Thanks
Jayne

[GuidoT]

As no one else is responding I will, however I am not too familiar with this type of preliminary stay hearing nor Woolwich, but these links should give you some direction:

GOT A COURT DATE? A guide to the later stages

Application for removal of a stay

You do not want this stay it will only delay matters, using the information above you should be able to produce a submission to the court (at least) 5 days prior to the hearing and that will persuade them not to delay and use your directions.

Post up what you plan on sending and it will get looked at, when is your hearing?

[tilly01]

The hearing is set for 30th April, so have a little while, could someone please check and let me know if there is anything else i need to do regarding this.
Thanks