Old bloke V The Woolwich urgent advice needed please

[SPK]

Hi I am helping a work colleague to claim money back from the Woolwich. We have succesfully claimed back from the Nationwide but this case is not as straight forward as that one was.

All the bank charges in total amount to £1278.00 without interest. He has paid some of this but not all of it. It was a case of him getting one or two charges then getting charges on top of charges that have made him overdrawn, then they have slapped the interest on top. Although he hasn't paid the full amount above in charges yet, only some of it his account is overdrawn and they are threatening court action against him to recover the monies. If I file moneyclaim...which is the stage we are at now can I list the full total of charges that they are trying to recover from him? Including the ones he hasn't paid them yet? I really hope this makes sense to somebody. Thanks for any help. Its quite urgent as we have to file the moneyclaim before they do basically..he has fourteen days!!

[SPK]

Anyone ?

[welshcakes]

Hi SPK

I was waiting for one of the guru's to respond or at least someone who has experience of bank threats to take the customer to court.

So my limited advise it that since the account is currently in a state of deficit as a sole result of unlawful charges (ie say it originally started because he went £40 unauthorised O/D but has during the interim paid off at least that £40 leaving only accumulative charges as the reason for the debt being cleared), then your friend should write to the bank and state that the account is now in dispute.

I'll try and find one of the example letter on the site for this though hopefully someone will come along and put a link on this thread for you. My understanding is that when an account is declared as 'in dispute' the bank cannot refer it to a DCA or proceed with court action until the dispute is investigated.

In the meantime, go through the whole step by step of letter sending with Woolwich. Obviously if your friend has statments and therefore is in a position to send the prelim letter requesting return of xxx amount of charges plus related interest, that letter should go off straight away. (No 8% added at this stage).

I would personally send the dispute letter and the claim letter as separate pieces of correspondence simply to keep the claim unmuddied and free from any further delay attempts by the Woolwich.

[steve31]

My claim was for charges applied that I hadn't actually paid due to being in my overdraft. They threatened me with action to recover the overdraft and it got as far as DCA, when I informed them it was in dispute the DCA asked if Woolwich were aware of this... to which I replied it is going to court so I would think they would!
I never heard another word from the DCA!

But yes as the account is in dispute they shouldn't be refering it to a DCA. Just make it clear to them you are aware of this fact

[SPK]

Thanks you both so much for your replies. Steve did you succesfully claim the charges back from the woolwich via moneyclaim to clear the debt owing to them (unpaid bank charges)?

[SPK]

Hi ya all, this case is still rumbling on!!!!

We need some urgent help as i have just got back from holiday and the old fella didnt want to bother me but has has the letter sitting at his home re Allocation Questionaire......

At the top right corner of the form it says " in the county court then underneath Claim Number.....

Underneath that it says Last date for filing with court office ! what date do i put in there ?

Really need help today as time is running out......

Thanks a million

SPK

[SPK]

anyone?

[why!!!!!!]

Hi
if i was you i would contact the court where the AQ came from as they are supposed to fill in the 'last date for filing with court office' section.
Are you sure its not written on an a letter that came with it?
claire