kirsty v woolwich

[kirsty22]

This isnt my first time on here, but the start of a thread.
Sent my first request letter,from the template library to woolwich on the 4th september, barclays replied on 18th October with a letter basically saying they disagree my view and that they are unwilling to refund the charges, and if i am disatisfied to refer to the financial ombudsmen. No partial refund or anything mentioned.
I need help now as i am not quite sure what step to do now, shall i send a letter before action letter or start a claim against them.
Am also claiming against halifax who have offered partial refund as final offer am sending my moneyclaim form off tonight.
Please Help!!!

[frankthecabbie]

The advice i was givern at the same stage as you was just stick to the timetable . I think that if it goes to court you have to have givern them every chance to settle

[kirsty22]

what did you do send a letter before action. how is your claim going, what stage r u at?

[frankthecabbie]

I waited until the time limit was up from the prelim letter and then sent the letter before action .I then waited until that time limit was up .Today I put in the N1 form at court .

[kirsty22]

ok will do that, thanks for your time and help

[frankthecabbie]

If you need help just ask .Its a huge learning curve and a bit scary . If I can help I will , If I don't know I will say so

[closey]

Also read back through the FAQ's. Everything you need to know is there. Ensure that you stick to the tried and tested method.

[kirsty22]

The 14 days is up now since I sent the LBA letter so have just filed my moneyclaim form against them for £1061. Lets wait and see what happens. Just won my case against Halifax for £318 so stick at it everyone.

[paddym]

good luck Kirsty !

[kirsty22]

So far i have 2 other claims that have been settled in full, this one however is for my partner on a closed account, and i have not come this far before, so a bit stuck. Have done all the template letters my moneyclaim particulars stated.
1. The Claimant has an account xxxxxx with the Defendant, opened prior 2000
2.Since 14/08/00 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends:
a)The charges exceed the Defendant's losses caused by the breaches; (b)Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.
5.Claimant claims: a) return of the amounts debited of £717.00; (b) Interest per S.69
County Courts Act 1984 of 8% - of £264.35 continuing at the same rate of 8% up to the judgment date or earlier payment at a daily rate of £0.15p; 6. Alternatively, if the
charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court.
The first part of their defence states
1. The particulars of claim do not provide details or particulars of teh precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, paid referral fees or any such other fees, the defendent puts the claimant to strict proof of each charge and the date thereof.

This sounds to me like they want proof of each charge i am claiming ie schedule of charges which im pretty sure i sent. If i did forget though should i write a letter to woolwich and attach another schedule of charges. Is there a template letter? i have an allocation questionaire to fill out(n149) and send to local court and i will include a schedule of charges with this.
Im not sure what to write in the other information box, information i consider that will help the judge to manage or clarify the claim, including information that should be supplied by the other party. Shall i put in here that i require a breakdown of what it costs the bank for unpaid direct debits etc

The other parts of defence were basic, they can charge me for unauthorised borrowing blah blah blah

Any help will be very gratefully recieved thanks

[Michael Browne]

In Section G: (Read and amend to suit)

1.You can request Standard Disclosure

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

2 Refute their contention that POC's are lacking

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

3. Requset a Directions Order.See here

http://www.consumeractiongroup.co.uk...tionaires.html

[kirsty22]

Im not sure which way is best. If i go for the new strategy way the template letter Draft order for directions do i put this in the other information box or do i attach this letter to the form and then what do i put in the box?? sorry really confused.

[kirsty22]

Just read it through again can i put all three points in the other information box. Obviously on continued paper as the box is quite small.

[Michael Browne]

Just read it through again can i put all three points in the other information box. Obviously on continued paper as the box is quite small.

Yes.

[kirsty22]

Please i need some serious help with this one, for some reason it has not gone the way of my other claims and i fear it will be struck out if i dont get this section right. Received letter from my court this is what it says.

Before District Judge xxx sitting at xxx county court xxxxx.

IT IS ORDERED THAT

1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance).

The claimant must amend or subsititute its particulars of claim setting out the Claimants case in plain english by 26th January 2007 and in default, the claim be stuck out without further notice.

If the obove order is complied with the Defendent has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English.

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.


I understand i have got to write the particulars of claim again but what do i need to put in. The template of particulars is obviously no good at this stage.
Thanks everyone

[Karnevil]

hii kirsty - you okay - I have just come acros this post...hope you found some help on another thread. PM me if you're stuck.

[kirsty22]

Please someone i really need some help and advice with this letter i recieved from my local court, it says


The judge has considered the statements of case and allocation questionaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation is made.

The judge orders you to attend at 1000 on the 21st of march.

The reason for the hearing is as follows

The issues raised cause this claim to be unsuitable for small claims track. The court anticipate allocating to fast track.

The hearing will be a telephone hearing. The parties must follow the Practice Direction to CRP23 at paragraph 6. If parties cannot agree as to who is responsible under the Practice Direction for making arrangements with BT(or other supplier) arrangements mus be made by the claimant. The applicant of claimant must file no later than 4.00pm on the last working day before the hearing a case summary not exceeding 500 words and draft directions agreed if possible, together with copies of any documents necessary for the hearing not already on court file.


A few questions, why fast claim track?
what is Practice direction etc
Im not sure what i have to send to them or put in case summary or draft directions.
I cant afford to pay out any more court costs

HELP PLEASE

[kirsty22]

Still need some information anyone please.

[sparklydayz]

I suggest you pm one of the moderators about this. Don`t worry, it may be just so the Woolwich are forced into a disclosure or pay up situation.