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!!

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[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.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[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

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[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)?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[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

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[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

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales