Brooksdad v Woolwich

[hughes690]

Friday mailman has been and gone - nothing! Intend to send (Registered) my LBA + Schedule tomorrow (Sat 3 Feb). Both are prepared and in Envelope. Will take to PO first thing - I want Woolwich to receive Monday.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[paddym]

thats the job stick to your shedule not theirs let them know you mean business !

[hughes690]

Thanks for the encouragement Paddy.

[hughes690]

Postie has been and, lo, a letter from Woolwich. Oh the disappointment - a blah, blah one!
'In view of the complex nature of the issue raised your complaint has been ESCALATED to Head Office Customer Relations Unit.' (Brilliant I say!)
'All of the relevant documentation has been forwarded for their attention and they will contact you directly on completion of their review.'
I like the last paragraph of her letter:
'If I do not hear from you within eight weeks from the date of this letter (1 Feb 07) I will close my complaint file' (?????)
WHAT???
I posted off (Recorded Delivery) my LBA with Schedule of charges today (Sat 3 Feb 07) to Jessica Fairbairn(?) to save HER the trouble of 'closing HER complaint file'!!
I await further response within 14 days.
Would appreciate any comments from fellow claimants.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[nemogbr]

Originally Posted by hughes690

Need to know what response to expect from DCA. Remember, they bought my Woolwich Current Account debt, £6,000-odd, mostly all unfair charges, plus Woolwich Personal Loan A/c (£1,000-odd). I pay DCA £30.00 pm (they want an increase in payment: I'm under pressure) - do I continue to pay, or not? Letter to DCA saying both A/cs 'in dispute' sent by me 19 Jan 07.

Hello:

I've been reading this thread and was wondering about this entry.

If you're disputing your charges, you can delay payment or pay £1.00 a month to the debt collectors?

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[paddym]

no panic thats a standard reply we have all received ! escalating it to Barclays is good being that they took over woolwich some time ago ! the next letter you get will be their partial offer ! you just stick to your timescales everything is going fine read my thread paddym v woolwich youll see the similar pattern emerging as with all woolwich claims keep at it your doing well so far.the woolwich drag it out so just sit tight it will come to you eventually as it has done with all of us who have gone before you so keep the chin up anything they throw at you we will have it covered !

[hughes690]

Good on you PaddyM - It is always encoraging to have your responses.

[hughes690]

Living in Northern Ireland - what is the alternative to MCOL (England & Wales only) for my next stage in claim to be made in 14 days?

[paddym]

go to northern ireland court service website small claims section check it out ! small claim limit is £2000 and you can add your 8% interest to this !

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[e28bigalbexley]

Hi
Sorry been away but it looks like Paddy has sorted you out. He's a good lad, dispite what people say , but he can get carried away sometimes then all he needs is an early night and he's back to normal next day, I think it must be all the excitement

AL

[paddym]

No all its that fella Bruce keeps calling my number and saying 7.5million ha ha ha ha ha ha ha ha ha ha any idea what he means ?

[hughes690]

Small claims Court?? My claim is over £5,100-odd, with 8% interest yet to be added. What next then?

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[hughes690]

AL - I think Paddy's a nice chap, really - he must get carried away regularly (in his taxi). If you taxied in Belfast you would find the pick-ups Ohhh what!!

[paddym]

to keep it within the limit you are going to have to split the claims up £2k £2k £1 ! you have to wait until 1st claims finished before you begin the next ! so an idea would be to get a friend or relatives address in england and use that to have papers served and issue your claim through MCOL were the limit in small claims is £5k otherwise a civil bill here in NI where a solicitor has to be used we cant do a civil bill as an individual ! plenty here for you to think about on the subject of issuing in england check with Lickthewallfatboy as i know he used this method !

[hughes690]

Thanks, again PaddyM - I have time to consider options. Favourite is splitting claim into three - No family in GB to consider the option of filing claim there.

[Michael Browne]

One possibility may be filing a claim at the County Court local to their registered office, this works from Scotland but not sure if this applies to NI. See here:
Scottish claim in London County Court -paperwork returned & told to claim in Scotland

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Michael Browne]

It seems The Civil Jurisdiction and Judgments Order 2001 applies to NI

The Civil Jurisdiction and Judgments Order 2001
Interpretation
1. - (1) In this Schedule -

"court", without more, includes a tribunal;
"judgment" has the meaning given by Article 32 of the Regulation;
"magistrates' court", in relation to Northern Ireland, means a court of summary jurisdiction;
"maintenance order" means a maintenance judgment within the meaning of the Regulation;
"part of the United Kingdom" means England and Wales, Scotland or Northern Ireland;

However over £5000 would mean Fast Track, where you would be liable for costs of up to £750 if you lost, but there is Standard Disclosure, which means the bank would be forced to disclose a breakdown of their costs, something they have steadfastly refused to to do. Plus, assuming you managed to overcome the Woolwich's local County Court possible initial reluctance to accept the claim, should there be a Direction Hearing/ Case Management Hearing, you would have to travel to England to appear.

If all this sounds too involved, it might be better to split the claim as Paddym suggests.

[hughes690]

Thanks, again, Michael . . . Oh Dear.

[hughes690]

Another Day - Another Dollar. Nothing from Woolie. Now 15 days since they received Request for Payment of Charges letter. Clock now ticking on LBA (they would have received it today, Mon 05 Feb 07). Phew!

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[hughes690]

DCA over time. They received my 'Request' 22 Jan 07 (Fourteen working days today). Do I continue waiting or give then a 'bump'? I haven't made monthly payment yet (due 12 Feb) Nothing in post today from DCA or Woolwich. Any comment please?

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09