Ricky vs Woolwich

[ricky young]

I was reading abt claiming money back from my bank and thought id try as in the last 6 years i have lost at least £4000 in charges(i think).
so i got the Data Protection Act letter template from this site and sent it to woolwich office on 25th April. with a blank cheque for £10.
On the 4th of May i revieved a letter back for Barclays data protection.
In the letter they said in the first paragraph that there not under obligation to supply me with a list of charges that i requested. But they did say that it could be worked out from statement copies that they will send to me without charge and the cheque i sent was enclosed.
At the end of the letter they go on to say that they will charge me £10 to (what i think) work out my charges. is this right???
They also say that they dont record details of charges. at least thats what i think they mean

Any way am waiting for statements to come through.
Hope i get my money back and am sure itll be loads.

Was wondering if its a bit over £5000 should i only claim for £5000 as i gather its a different process to claim more than £5000.
Thanks for all the advice and i will keep you posted..

Ricky

[alanfromderby]

It's the same process - just makes you a little more vulnerable to charges in the unlikely event that you lose. It is still only a maximum of £500 though for claims below £10,000.

[ricky young]

Cheers alan. When i get statements and work out money owed. if its say £6500 or more they owe. will still go for all the money but if its just bit over will prob let em off. lol

[ricky young]

after abt 25 days i am still waiting for my statements to arrive. I rang up the Data Protection Act people and they assure me they are on there way. After reading a post on here i decided to ring up openplan and ask them if they could send me out a list of charges that i have obtained. They said yes and offered to work out the interest as well. This was free of charge and they say itll be sent out tomorrow(very handy)
While on the phone i asked if they could tell me when i had opened the account.
It turns out i have had this account for only 3 years!
My problem now is i know the other account was with the Lloyds/Tsb. But i do not have any details!!!

Does anybody know how i can obtain these?
Another problem is when i stopped using the account i owed them £500 ish because they put it in my account and i spent it and couldnt pay it back!!!(might as well be honest)

Does this stop me making a claim for the money from charges??

Plz somebody help..


Thanks.

[alanfromderby]

Send a Data Protection Act request under your name, giving all the details you know. It is not a problem that the account is closed - or that there is an outstanding balance - however, please remember that they will probably deduct this from any settlement. Please can you post about the Lloyds/TSB claim in that forum.

[ricky young]

I have just got home and on the floor was a nice little letter from open plan.
I rang them 2 days ago to ask for a list of charges incured to my account and they sent them dated and everything in 2 days!!!

I am still waiting for the statements to arrive from Data Protection Act and wonder if they ever will. Think they have about 10 days left of the 40!!

According to the letter i got from openplan they owe me only £660 from charges.

I checked bank details on computer and it seems to be right. i am still going to check it out when the statements arrive as i have little faith in there honesty!

Also if they was to forget to add a few charges im sure they would make the ones older than a year dissapere because they must know on a comp you can only check back 1 year..

Am going to write the first letter to bank now and ask for the £660 back. When the statements arrive i will do a proper check and see al is correct.

(Funny how Open plan could supply me with details in 2 days yet it takes the Data Protection Act forever!!!)

Have yet to send a letter to Lloyds TSB to find that missing account bu will do as them 3 years were the time i incured most charges.

Do i need to get my old account number before writing a Data Protection Act request first????

Thank you. you are being gret help..

Will keep ya posted

[alanfromderby]

Originally Posted by ricky young

Do i need to get my old account number before writing a Data Protection Act request first????

No, but make sure you give them all the information they need - I would perhaps consider sending a copy of ID as well.

[ricky young]

Thats the prob. the only info i have is my name and i cant remember where was living at time. there a possible 2 address at which the account might have been. Will there be sufficent mean to trace the account and i am worried that they will not send out the request..

Cheers..

Just wanna get the ball rolling.

[alanfromderby]

Send both addresses and tell them you are not sure which one the account was registered at. If you provide your name, date-of-birth, and proof of identity, they should have enough. It is possible they may ask for further confirmation of ID at a later stage - once they find the account.

[ricky young]

Got home today and there was a letter from the Barclays saying


I am sorry you are unhappy wiht the charges you have incurred. Your comments are receiving attention and one of my team will contact you again by 16 June.

Bla bla

From Mike Brophy



What i dont understand is that they know they have only 14 days and what there saying is there going to take abt 30!! (just makes me laugh)

So the next step is to go through the money claim process???? is that right??

When do i start there deadline of 14 days till i can go court is it fom the date i sent them the first letter???

Thanks yet again for help..

[ricky young]

I am halfway through filling out my money claim (online) the prob there is that it says i have only a certain amount of letters i can type.abt (1080) Using a template i got from here adds up to abt (1870) is there a smaller template that will allow me to do my money claim on line?

[Mumofthreeboys]

As I remember from when I did mine, I think it goes more on the amount of lines rather than the amount of characters.

I just abbreviated some of the words and it reduced the amount of lines just enough to fit - hope this helps.

[tryitnow]

Hey Ricky,

The beautiful thing about paying the 10.00 is:

A - add it to the amount you claim e.g.
Charges (e.g. 4000.00)
8% APR interest

Subtotal = Net charges plus interest @ 8%APR

Add: postal charges - Overhead
Add: 10.00 statement fee - Overhead
Add: Cost of stationary – Overhead

Total up to achieve the Gross: Recovery cost!

Another side to a later argument - how can they justify a £28-£40 charge for going overdrawn by sending out one letter, when there have printed a document of 6 years worth of charges for ten (don’t add up)!!!

[ricky young]

Thanks for the tip but i have tried everything and there is no way that i could fit what this site say i need to say in that little box on the claim site no matter how i try to arrange it. is it possible for you to paste what you put in the box,please? if i cant do it online will have to go by way of letter.. is the template on here exactly what i must say?

[tryitnow]

Yeah e.g: -

Halifax plc Your Address
Customer Relations
P/O Box 548
Leeds
LS1 1WU.




Friday, 09 June 2006




Ref: Roll Number


Dear Sir/Madam


Over the past six years, my account has been charged £1297.00 for exceed my overdraft etc. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

In the terms of the contract, which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner, which complies with UK law.


I require full repayment of these charges, which has calculated at £1297.00, interest of £312.83 (8% APR), current postage charges £9.90 (x2 Special Delivery letters @ 4.95 each) and a £5.00 charge for Halifax having to produce a statement of charges. The total cost as at the 09/06/2006 is £1623.83. I also ask you to remove any default notices on my credit record that are related to these charges. A
correction or amendment to the entries is not acceptable.

If Halifax does not comply fully within 14 days, I shall begin a claim for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998 without further notice.

Furthermore, I shall submit to the OFT a complaint under the Consumer
Credit Act 1974 upon the basis that Halifax has failed to comply with their
direction of 5 April 2006 and are therefore should not be holding consumer credit license under the 1974 Act.

Yours faithfully




Adam Banbury.

[barracad]

Originally Posted by ricky young

Thanks for the tip but i have tried everything and there is no way that i could fit what this site say i need to say in that little box on the claim site no matter how i try to arrange it. is it possible for you to paste what you put in the box,please? if i cant do it online will have to go by way of letter.. is the template on here exactly what i must say?

Have you used the guide from this site:

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
You have repeatedly asked the bank to justify their charges but they have declined to do so.

This is a guide not a template, but you should be able to put something based on this that fits in the box on moneyclaim.