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13th January 2007, 09:54
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#1 (permalink)
| | Classic Account Customer | Brooksdad v Woolwich HI TO ALL: Great advice you all offer - hope you can to me.
Not having any detail (other than account no) of closed Woolwich a/c, I sent Data Protection Act request on 12/12/06. Received acknowlegment with my £10 cheque returned to me on 19 Dec 06 saying in course of preparation. My question: Is 12 Dec the start date of my claim or the date on which I receive the data from them?
I ask this because Jan 2001 (six years ago) was when most charges were levied against a/c (£3000-odd) HELP!  |
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13th January 2007, 21:42
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#3 (permalink)
| | Platinum Account Customer | Re: Brooksdad v Woolwich Hi Brooksdad
When you sent Data Protection Act Subject Access Request did you use the template in the libary and fill it in as directed, 1/1/07-1/1/01 if you did nothing to worry about if you didnt it can be amended,so dont panic, send off one a week if you want
Keep us informed, and please stay calm
AL  |
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14th January 2007, 08:35
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#4 (permalink)
| | Classic Account Customer
Is your bank avoiding its debts Data disclosure poll Cagger since
: Jan 2007 I am in: Co Antrim, Northern Ireland
Posts: 235
| Re: Brooksdad v Woolwich HI BIG AL: Hello and thanks. I used template letter and followed instructions from 'MoneyExpert.com' site. I presume it is the same?
Will this action suffice? |
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14th January 2007, 14:21
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#8 (permalink)
| | Platinum Account Customer
Your bank owes you an awful lot more money than you realise See here Cagger since
: Apr 2006
Posts: 12,007
| Re: Brooksdad v Woolwich Ok, i've just looked at MSE Data Protection Act request and the CAG one is a little more explicit as regards this, since it includes this paragraph: Quote:
Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. | That said though, as far as I'm aware only NatWest routinely dispute charges made beyond the 6 years from the date of filing at court rather than the Data Protection Act letter, but invariably pay up when challenged and quoting s32 of the Limitation Act. |
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14th January 2007, 18:41
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#10 (permalink)
| | Classic Account Customer | Re: Brooksdad v Woolwich HELLO - Just had a horrible thought: Should I have sent Data Protection Act request and £10.00, or other notification, to DCA as well as Data Protection Act to Woolwich?
Would appreciate further advice. |
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14th January 2007, 19:36
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#11 (permalink)
| | Platinum Account Customer
Your bank owes you an awful lot more money than you realise See here Cagger since
: Apr 2006
Posts: 12,007
| Re: Brooksdad v Woolwich Quote: |
other notification, to DCA as well
| Where did they pop up from? A few details might help. |
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14th January 2007, 20:16
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#12 (permalink)
| | Classic Account Customer | Re: Brooksdad v Woolwich OH Dear: Woolwich closed a/c and passed/sold debt to dca several years ago. Have been paying monthly instalments since x £30.00 pm. Where di I stand?? I ask: should I make claim there too? Is claim all against Woolwich? |
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14th January 2007, 20:28
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#13 (permalink)
| | Platinum Account Customer | Re: Brooksdad v Woolwich Hi Hughues
Sorry if you spend a little time and fully outline your story we can help as it gets a bit confusing, and you need to relax, dont panic.
Now, yes Data Protection Act Subject Access Request should be sent with £10 (which the woolwich return) DCA i would send a Data Protection Act Subject Access Request to them as well to find out what info they have ie state of the account. You could also ask for deed of assignment they need this from the Bank as they have brought the debt i will get the relevent template for you.
In the meantime please try to deal with my first paragraph.
And Chill
AL 
__________________
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007 |
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14th January 2007, 21:00
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#14 (permalink)
| | Classic Account Customer | Re: Brooksdad v Woolwich Thanks BigAl - Having had Woolwich a/c for MANY years, I was made redundant in 1997. Illness then took over my life and things then deterioted financially. In late 2000 and particularly Jan 2001 with a/c overdrawn, cheques, DDs etc charges raised by woolwich snowballed. Living on sickness benefit, funds were not adequate to return a/c into credit. The problem snowballed out of proportion. I opened another a/c with another bank (I have had no problem at any time with this new a/c.which is funded weekly and has cheque book and Debit card - with OD facility).
Several years ago I had contact from DCA and had to make arrangement to pay off several thousand pounds (mostly bank charges) initially £20.00 and lately £30.00 pm. They continue to hound regularly to increase payments.
I remember a letter last year (2006) from DCA stating they had bought debt. I continue payments to them (£30.00pm).
I should also say Woolwich personal loan (which I couldn't repay) I ceased to fund at same time as current a/c. This is also in the same DCA hands (included in £30.00pm payment)
Oh dear! What a mess! My wife and I are pensioners (with our own home, paid for) but without much extra funds. We also receive Pen Cr. and Housing benefit.
Please further advise  |
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14th January 2007, 21:21
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#16 (permalink)
| | Platinum Account Customer | Re: Brooksdad v Woolwich Ok
I will get someone to have a look at your thread I dare say that nice man Mr Browne will help out too.
Who is the DCA
Try not to worry too much everything will be ok it might take a little time but we will get there, Promise
If you have already sent a S.A.R - ( Subject Access Request) then your time limit is safe (although i believe you can claim back beyond that).
The next move i would sugest is to write to the DCA and tell them that the account is now in dispute due to penalties levied on the account by the bank. This will formally notify them of a dispute.
Have aread round the forum and see what happens also i think in the General forum there is a thread on, I'll find it. Do you have charges going back more than 6 years?
AL  |
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14th January 2007, 21:37
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#18 (permalink)
| | Platinum Account Customer
Watch out, there are Claims Touts about! Cagger since
: Jun 2006 I am in: Sidcup Kent
Posts: 1,088
| Re: Brooksdad v Woolwich Enjoy |
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15th January 2007, 10:19
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#19 (permalink)
| | Platinum Account Customer
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Jun 2006 I am in: Shropshire
Posts: 1,826
| Re: Brooksdad v Woolwich Hi Hughes,
Al asked me to take a look at your thread,
Firstly don't panic, The statute of limitations allows 6 years from when you became aware of the problem. You have made your Subject Access Request so you should receive details back to Dec 2001 and can subsequently claim back to then. I'd be very surprised if they query a couply of months but if they do we just quote sec 36 of the limitations act to them. Thye will have to go into court to dispute it and I doubt they will do that.
Please don't mix info between this site and moneyexpert the sites both take a slightly different approach and mixing the 2 could create confusion.
It's basically now a case of waiting for the Subject Access Request data to come back with regard to Woolwich.
The DCA we deal with slightly differently, write to them requesting a copy of the credit agreements along with copies of the deed of assignments for both accounts. This is under sec 77(1) of the Consumer Credit Act. A £1 fee should be enclosed and they have 12 days from receipt to respond, after which they are in default and it becomes unenforceable without a court, after another month they commit a criminal offence. Template letters are available. Notify them that both accounts are now in dispute and any attempt at enforcing them will be raised in any subsequent court action. That should keep them quiet for a short while
I thought I saw mention of the DCA as being Equidebt but can't find it now, This is interesting as I have only this week been shown a demand from them by somebody else. Enquiries are now being made concerning them. I'll do some checking up on them as I don't recall them on my list.
One last thing Hughes, Dont let them panic you. this whole thing now is being done in a timescale YOU choose not them. If you give them 14 days then they get 14 days not 3 weeks to respond. One thing this site does after years of the banks and DCA's making demands of us is it puts the shoe clearly on the other foot. We are now making demands from them, and we have the law on our side. |
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15th January 2007, 10:25
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#20 (permalink)
| | Platinum Account Customer
Watch out, there are Claims Touts about! Cagger since
: Jun 2006 I am in: Shropshire
Posts: 1,826
| Re: Brooksdad v Woolwich company details for Equidebt who are a trading company:
Name & Registered Office: EQUIDEBT LIMITED
EQUITY HOUSE
ETTINGTON ROAD
WELLESBOURNE
WARWICKSHIRE CV35 9GA Company No. 02686796
Registered number with the Information Commissioners Office Z5650973
They actually seem to be fully registered for a change  |
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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