alenehan vs Woolwich

alenehan · 17th January 2007, 18:24

Been following this forum sometime and I though I should post my own progress so far.

4th December 06 - posted information request (including Data Protection Act) from MSE website

8th December 2006 - Received 2 replies, one from Barclays and one from Woolwich saying my request was being dealt with. They committed to a reply by 09/01/07

18th December 2006 - received statement of charges - total £4021.66 (plus 1105.62 interest)

18th December 2007 - Sent initial request for repayment (from MSE website) attached copy of Woolwich statement of charges and simple interest spreadsheet from this website

22nd December 2007 - Received "we are sorry that you are unhappy...." letter from Barclays indicating that they will look into it within 8 weeks (yeah right!)

4th January 2007 - Sent second request letter threatening court action (again from MSe) attached simple interest spreadsheet.

17th January 2007 - Filed with Moneyclaim online. Sent Barclays copy of simple interest spreadsheet as I stated I would resend the list of charges in the Particulars of Claim

So far so good, although the real fun starts now, vaguely hoping it gets to court, that would be a real experience.

Only a couple of concerns and they are tied in with today's MCOL filing. Firstly I named the defendant as Barclays instead of Woolwich but I think this should be OK.

Secondly I didn't include the interest on the total amount claimed. I was under the impression that this was for total pre-interest and that the interest would be added by the court. Not the end of the world, it made the difference between small claims and fast track courts so probably better to keep it small.

e28bigalbexley · 17th January 2007, 23:33

Hi and welcome
Well you seem to have it all pretty much under control and well done to you for that.
You will need to send off Copies (3) of your shedule to the central court.
The next thing that will drop on your door mat is the Allocation Questionaire. Here is a link on how to complete it.

Allocation Questionnaires - A guide to completion

Also you may want to explore this method
http://www.consumeractiongroup.co.uk...tionaires.html

Al

alenehan · 17th January 2007, 23:52

Thanks Al, fingers crossed eh? This is the first 'test case' before we tackle our other accounts. Reading through the forum it looks like The Woolwich may be a baptism of fire!

Was planning on leaving sending the Schedule out until requested by the banks lawyers should I send it sooner? If so Is it OK to just include the document sent originally detailing the charges from The Woolwich and the excel spreadsheet showing interest? Also, may be a daft question, when you say central court do you mean the Northampton crown court that handles the moneyclaim stuff?

Thanks again,
Alex

e28bigalbexley · 18th January 2007, 19:28

Hi
Yes Northampton (i have never used moneyclaim myself)
You could send the shedules to Northampton with a covering letter, dont forget to add your claim no to your shedule page/pages so they can tally it up with your MCOL.
You do need to get a sheet showing the charges and the interest added, then the second page calculates the 8% the court adds, you have to do this and work out the daily rate of interest from date of MCOL filed to completion of claim.
It sounds complex but its not (and im usless at maths)
Dont panic you can send in the shedules with the Allocation Questionaire.
Give me a shout if you get stuck.

Heres the spreadsheets
6. Interest calculation spreadsheets

or these

VAMPIRESS'S CHAMBER OF "CONSUMER ACTI...

AL

alenehan · 18th January 2007, 21:40

Thanks Al, I will keep you up to date

PS It is the simple excel form on your first link that I have been using, do you think that this will be OK?

e28bigalbexley · 18th January 2007, 23:03

I have not used it myself but if it does as i suggested above it shold be fine

alenehan · 19th January 2007, 00:20

Thanks again, Al, it's great to be able to talk to someone who has been through it all and succeeded. Just one more question, do you think I have missed my chance to claim interest but putting the wrong total in the claim box on the MCOL form? Its not the end of the world if I have but I would like to know.

e28bigalbexley · 19th January 2007, 21:54

Im sure if you have not submitted AQ yet you should be ok. you need to enter a paragraph about the ( County Court Act 1974) for the 8% interest which is awarded by the court. And a daily rate from filing claim, thereafter ( i know how to do that) till the claim is settled.

AL

alenehan · 21st January 2007, 00:04

Update: received an offer for £1000 from the Woolwich today, will be sending the 'thanks but no thanks' letter on Monday.

alenehan · 1st February 2007, 16:01

Woolwich have now acknowledged my claim, so looks like another 28 days.......

paddym · 2nd February 2007, 00:49

on the home straight my friend !

alenehan · 2nd February 2007, 23:33

Thanks Paddy, nearly there

alenehan · 27th February 2007, 15:01

Haven’t had much activity for a while but just received the (last minute) defence from Woolwich. A pretty standard 10 point defence (I presume point 1 about the particulars of the claim not providing details of precise charges is nothing to worry about.) Attached was my AQ form (N149.) I have also received a letter from Cambridge county court which is a notice of a pre trial review on 7th June, are many people getting these now? I guess the next stage is to fill out my AQ and start my court bundle. Any advice?
Thanks
Alex

alenehan · 27th February 2007, 16:58

Also, forgot to add, Woolwich still haven't acknowledged reciept of my offer rejection. Should I resend it or just carry on?

e28bigalbexley · 27th February 2007, 20:13

Just carry on you have done all you need to

AL

alenehan · 28th February 2007, 13:22

Thanks Al, you don't know how reassuring it is to hear that! Do I need to be concerned about the pre trial review? Will it get that far?

e28bigalbexley · 28th February 2007, 21:39

In a word, No

AL

alenehan · 2nd April 2007, 13:15

Well I sent off my AQ form some time ago now. I haven't heard anything back from the courts is this usual? Also should I phone the Woolwich soon to give them a chance to settle?
Thanks
Alex

e28bigalbexley · 2nd April 2007, 21:30

Hi
This quite normal and they could very well be late in submitting their response just settle back read some threads (some which have gone on for a while, just to see how things developed after the AQ stage)
Personally i would'nt ring their legal dept at Barclays bank Canary Wharf ,Level 29, on 0207 116 1944 untill 3 weeks before your 7th June Court date.
Then they will settle

AL

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