DaveH V`s Woolwich

[davehills77]

Ok, here we go,

I have followed advice on this website, and so far we are at the useless goodwill gesture stage.

I intend to reject it on the basis that its not even 50% of what i`m claiming, so for even insulting my intelligence im rejecting it.

I do however have a question or 2.

1st, Do i call the number on the offer letter to discuss the offer with the guy on the phone, I have his name and direct number?

2nd, If contacting him is not the way to go, do i remove the part about accepting the half offer, and just reject it straight off the cuff as it were??

Any help much appreciated and i`ll keep you all posted of what goes on.

Thanks for all the advice so far, and good luck to all.

Regards

Dave H.

[Bigmac versus]

Phone call wont harm however dont cash the cheque UNLESS you have it in writing that you can as partial settlement.

[e28bigalbexley]

Hi Dave,
Use this http://www.consumeractiongroup.co.uk...ent-offer.html

And send your LBA as well if you have'nt already, phone if you want want but the woolwich probably wont settle till you file a claim at court, submit an allocation questionaire and are about a month away from a hearing with the district judge, that in your case is about April/May/June depending on how busy your court is . Just my personal experience.

AL

[davehills77]

OK, have decided not to bother calling the guy regarding the settlement offer, My reason for this is so that nothing can be denied, At least if i keep it all in writing they cant deny anything.

So I`m now going to send them the rejection letter and they have until 9th feb to cough up or its MCOL!!!!!!

Has anyone managed to get the money out of em` at this stage???

Keep you all posted regarding the outcome.

Dave.

[e28bigalbexley]

Originally Posted by davehills77

OK, have decided not to bother calling the guy regarding the settlement offer, My reason for this is so that nothing can be denied, At least if i keep it all in writing they cant deny anything.

So I`m now going to send them the rejection letter and they have until 9th feb to cough up or its MCOL!!!!!!

Has anyone managed to get the money out of em` at this stage???

Keep you all posted regarding the outcome.

Dave.

Thats the way to go, phonecalls are a waste of time pen and paper works better.
Then Mcol.
No i dont think they have.
Yup thats it keep us posted.

AL

[davehills77]

OK, just a quick update, sent the rejection of offer letter, and recieved a reply 2 days later basically reitterating what had previously been said "We are sorry etc etc and do not agree with you, howerver we are now willing to offer £925 etc etc in full and final settlement"

Is this once again another stalling tactic by them, or is it in the hope i will now give up after recieving another bank type letter.

Do i still give them until the 9th before i issue, or do i now need to respond to this one, then give it 14 days??? I hope you tell me Feb 9th, cause then i add interest and thats a hell of alot more money 4 me.

Ive been looking at the court pack etc and may need a bit of help, so may i kindly ask in advance should it go that far, for some of you guys to help me out???

Thanks again, I await your advice.

Dave

[e28bigalbexley]

Hi dave
If you have sent LBA and they have sent a reply saying no deal then off to court you go and add your interest on
You will get plenty of help that wont be a problem.
AL

[paddym]

as AL said above and stick to your timescales your in the driving seat this claim proceeds at your pace not theirs !

nice to see you back BIGAL ! HOW DID WEST HAM DO ? LOL

[e28bigalbexley]

Originally Posted by paddym

nice to see you back BIGAL ! HOW DID WEST HAM DO ? LOL

I will not be drawn into a silly bit of muck stirring Paddy
Nice to hear from you to

[davehills77]

Just a quick update, after the money claim online was filed, 2 days before the date they acknowledge the claim and fully intend to defend all of it ( Yeah Right ), so i guess they now have a further 28 days to drag it out and no doubt i will then get a copy of the defense and a court date set? Can anyone confirm if im correct in my thinking, and at what stage should i start preparing a court bundle ( And what needs to go in it ).

Keep up the good work all.

Dave.

[davehills77]

Another Update, recieved the defense letter this morning, seemed pretty stright forward, they are denying any liability and claiming that they are entitled to charge the ammount they do. Also said that they do not believe i calculated the charges correctly, ( I wrote down statement date, statement number, ammount charged and added it to a spreadsheet) how this can be wrong is beyond me.

So next stage is to fill in the court allocation questionaire and send that off.

Then i guess i wait for a hearing date.

Anything i should be worrying about???

D.

[Blueloobylou]

Standard letter, Id say. They're full of bull and they know it!

Good luck.

[davehills77]

Need a little help if i may,

Recieved in the post this morning a letter from the court titled "General Form of Judgment or Order"

Text as follows.

Upon the courts own motion. the court has made this motion of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it.

IT IS ORDERED THAT,

1. The claimant to file at court and serve on the defendant by 4pm end of may a particularized schedule setting out the number of the account or accounts the subject of this claim and in respect of each such account, individually each sum which he says the defendant has unlawfully taken from his account and on which date it was taken. In default the claim will be struck out without further order.

2. Upon the claimant complying with clause 1, the claim will be allocated to the small claims track and listed for hearing on the first open date after 6 weeks from the date of listing with a time of 2 hours set aside.

My questions are,

Do i only need to send the spreadsheet i sent to the bank along time ago with that charges broken down, and add to that the fee`s for issuing in court and the allocation fee and interest???

any help welcome ASAP. thanks all

[e28bigalbexley]

Hi Dave
Did you take/send in copy of your shedule to your local court (if you filed an N1) or if you went the MCOL way send to the court a shedule of charges, as it would appear they have not recieved it. This is probably what they are asking you for, you could always phone the court and ask for clarification, But im sure that what they are asking, be sure to put all your details on each schedule and that those details are clear and legible for them to tie it up to your claim. Name, Address, claim No. defendant ect.

AL

[davehills77]

Al,

Thanks very much.... I did send in a schedule but it would appear it never made it ( Or was lost in the backlog ).

Anyway, i figured it was what they were after although i will call the court to clarify.

I also sent a copy to the solicitor for the bank along time ago but i guess they want me to send it again and see if the bank disputes anything on it.

I have it broken down on a spreadsheet with date, statemaent number, ammount, and interest.. is this going to be enough, and should i also add on the court costs i have incured up to now??? IE money claim fee and allocation questionaire fee???

Thanks again for your response......almost there now, just a little longer to wait.

[e28bigalbexley]

Dave
Your cost were listed when you filed your claim. Any additional costs ie. Allocation Questionaires will be added by the court themselves to be refunded to you by the defendant. If they settlle before court ( ) you will likely need to remind them of things like the AQ and maybe even the court fee.
The Shedule with dates, type of penalty, amount, and interest (as per your prelim and LBA letters) will be fine. Send them all extra copies (3 to the court), registered post ASAP.


AL

[davehills77]

Al,

Thanks mate, all in hand now, printed loads of copies to send, and just to help remind them ive added the money claim online and other fees to the spreadsheet, but have clearly indicated what the charges are with and without them so even my 4 year old would know the difference.

Thanks again, ill keep you posted

D