Welshcakes V Woolwich

[welshcakes]

Hi everyone,

I have just joined all you good people in the fight to reclaim against Woolwich, and shall update the following timeline at each stage

First Letter requesting Statements 27/02/2007
Woolwich acknowledgement letter rec'd 05/03/2007

I've found writing to the branch on other matters pointless so I sent my first letter to:

Peter Townsend
Barclays Data Protection
Barclays Bank Plc
Radbroke Hall
Knutshall
Cheshire WA16 9EU

[welshcakes]

I dreaded (and hence put off) starting a claim for ages, but now I'm with this site, it's rather like being a kid again waiting for Christmas morning!

[steve31]

Hi welcome and have fun

I'm sure you have already had a good read through the threads and seen the pattern that your claim will no doubt take! Its a long road but the pot of gold at the end of it is rightfully yours!

[welshcakes]

Just a thought having read more posts this evening. I understand why discussing via telecon is a no-no. But what do people feel about email correspondence as complimentary to hard copy mailed letter correspondence?

Is electronic mail considered acceptable documentary evidence from a court's point of view or is 100% good old fashioned hard copy letter recommended?

[Advoc8]

Email is fine (well, a printout of the email).

[Blueloobylou]

Hi Welshcakes,
Looks like we have similar timescales. Keep us posted!
Blueloobylou

[welshcakes]

First Letter requesting Statements 27/02/2007
Woolwich acknowledgement letter rec'd 05/03/2007
Barclays undated letter re Statements being prepped rec'd 10/03/2007

They've quoted my original letter as dated 24th even though it wasn't posted til 26th so I'm bring forward 40 day grace to 40 days (+2 days post) to April Saturday 7th.

I notice they only sent me one Reference Number on Woolich original response and only one Barclay letter today (no date or case reference). I sent two separate SARs on the same day for the two accounts I claiming.

Can I presume that they are only going to send me one item of correspondence at each step until I put in the two accounts as separate court claims?

[welshcakes]

Hello peeps!

Three questions to pick those loverly brains of yours.... sorry a bit long;

1. Woolwich has always refused to accept my signed written advisemnent of my new address. They have carried out other account instructions contained in the same letter but state that I have to go into my nearest branch with photo ID to get the address changed because of strict money laundering laws.
Now, ordinarily I would have just done this but my circumstances don't permit; I am 24-7 Carer for my severely diabled partner and I don't have anyone qualified to supervise him whilst I spend time at the bank - my nearest bank is in a limited (costly) parking area and it would take at least an hour of my time. I cannot safely leave my partner unattended for that amount of time. I don't have the financial means to pay for a private nurse/carer.
Everyone else including the DWP and Inland Revenue and my other bank have accepted written instruction on my new address so can the Woolwich legally refuse my signed written instruction?

2. Again with issues of being a fulltime Carer, if I am required to go to a court, my brother has offered to loan me the money to arrange a private nurse for the day. Am I able to claim this back as part of my costs? Haven't looked into how much it would be but I know it won't come cheap even for half a day.

3. Another thread suggests that because my mortgage payment last month was declined for insufficient funds and the amount was far less than my bank charges I am claiming, that I have recourse in respect of the penalty charges now applied by my mortgage company.
How do I reclaim these knowck on charges and who do I reclaim them from?

Blimey,need a cuppa now

[Blueloobylou]

Hi Welsh,
Just catching up on your thread!

I am unsure about Questions 1 and 3 but I feel sure that you will be able to claim the cost of hiring a Carer whilst you attend Court. Ive heard of people being able to claim for losing a days pay etc. so I think it all just comes into the equation when you win and get your costs back.

Good luck with the other stuff! I think Woolly are just being completely OTT not accepting a written instruction to change your address. Can you not send you passport in or something by Recorded Delivery to prove your identity?

Blue x

[welshcakes]

Hi Blue

Thanks for the suggestion but there's no way I'm entrusting Woollies with my passport (not that we can afford to go on holiday until I get my charges back). Even if I send it recorded, can you imagine the run around trying to sue them for the cost of getting another one and the more I read these days, the more I realise how simple Identity Fraud has become in the UK x

[Advoc8]

I'd imagine that they'll keep on using the excuse that to prevent the possibility of someone stealing your passport and using it to change the address details fraudulently they'll want to see you and the documentation in-branch.

Actually I'm not too sure this is a bad idea. I was extremely surprised that the Benefits Agency let me change the account that my father's state pension is paid into over the phone with no ID verification other than me giving them his DOB and NI number.

[welshcakes]

Update:

First Letter requesting Statements 27/02/2007
Woolwich acknowledgement letter rec'd 05/03/2007
List of Charges rec'd 02/04/2007

The list is complete apart from them not adding the few pence of interest carges on the three periods for which I went overdrawn; since this would not have been the case if not for the unlawful charges, I shall be adding the mighty unauthorised OD interest of 51 pence to my claim!

The Woolwich have only sent me the list for one of the two accounts requested and their 40 (+"2) days is up on the 6th April so I shall be online reporting them and Data Protection Act breaching if necessary.

I was rather taken aback that my entire charges for this account were less than £1k. Hopefully Barclays might consider just paying me off full settlement for this amount. Will be posting my prelim with attached schedule tomorrow (recorded post).

My charge list was accompanied by a letter from Raymond Pettitt, Customer Service Director. Should I address my prelim for his attention?

[Advoc8]

You can address it to him, it'll probably make its way through umpteen administrators first whoever you sent it to!

Hope all goes well.

[welshcakes]

First Letter requesting Statements 27/02/2007
Woolwich acknowledgement letter rec'd 05/03/2007
List of Charges rec'd 02/04/2007
Prelim sent 10/04/2007
Data Protection Act breach letter (other a/c) sent 10/04/2007

Boring update but I have had a lot of chocolate this Easter so am still happy despite my delay in sending off Prelim. I also had to wait for them to send my final month's statement

[welshcakes]

Have today filed with MCOL for Data Protection Act breach on one of my Woolwich accounts. Am additionally requesting just over £40 in my expenses - roughly the cost of one bank admin fee ;D

[Delboy01]

Not sure you will get expenses if you go small claims... what is the size of your claim?

[welshcakes]

Claim has been accepted and issued according to MCOL. It's simply a Data Protection Act Breach so there is no monetary claim except for the costs incurred since the breach occured. I used the template Particulars of Claim from this site's library (and tweaked it slightly as it's way too long to fit onto MCOL).

Including cost of court fees, is just under £80 and I will be pushing to have this granted by the court as I am on IS because I'm a fulltime carer for my disabled partner (I sadly had to give up work last year as his condition is degenerative). If fees etc are not granted, I shall apply to have them reimbursed as I am on low income.

I am presuming that since it has been issued, it falls into the domain of small claims and ticks all the boxes for being a valid case.

[welshcakes]

Well, yesterday Barclays replied to my LBA (sole account) with a 'burger' off letter, they're not opening their sweaty little fist to offer me even a penny refund.

I have just completed the 8% simple works sheet and am currently battling with an incredibley slow MCOL. Still hey ho, I get to add Stat Interest which brings my claim up to a total of just over £1,100.

I thought it rather funny that despite Barclays H/O already confirming they aren't going to pay anything out, today I get another bog standard "fully investigating the issues" letter from Bexley Heath Woolwich....hhmmmm, they really need more internal consultatiuon so that they can distinguish between their botty and their elbow!

Regarding my joint account that Barclays failed to supply statements/list of charges after 60 days, I'm just waiting for bank to put in a defence (or hopefully not given the law on Data Protection Act breach is undisputed)