Silentnight vs Woolwich

[silentnight]

Hi just to officially state that I sent off my PAR (Recorded Delivery) to my local branch of the Woolwich on 31st March, a copy was faxed to their head office in London, so they should both have received them yesterday, although the recorded delivery is not showing up at the moment (on line).

I am taking the bull by the horns and have gone the contractual interest route. I could not find the wording for this in the templates library, could anyone suggest suitable text I can enclose with my next letter due to go out once the 14 days are up, (or once their 'too-good-to- refuse' letter is received from them!)

I am a little apprehensive at the moment as I have not come across any threads using this method with the Woolwich yet.

Any advise at this stage would definiately be welcome. I am currently enjoying reading through the reams and reams of threads on this site and would like to thank all the volunteers for their dedication and support, without you the battle against the banks would not be enjoying the great come back they deserve!

http://www.consumeractiongroup.c o.uk/forum/woolwich/78844-woolwich-fax-number.html

[twisted-pixel]

I had also considered the contractual interest route but hadn't seen anyone in this forum that had tried it yet. Be interested to see what happens on yours

[silentnight]

Have you started your process yet then TP, if so how far along are you?

[twisted-pixel]

I've started it,

8/02/07 S.A.R - (Subject Access Request) Letter Sent
9/03/07 List of charges Received (£1920.50)
16/3/07 First Letter Sent
4/4/07 LBA Letter Sent

so another 14ish days to wait and then file my claim with the courts

[silentnight]

Ok so I can follow in your footsteps then.

[silentnight]

Just to update on my thread, I have today received a letter from Diana Smith, Team Leader of Woolwich's Retail Banking Customer Relations in Bexleyheath, Kent, as follows:

THE WOOLWICH
Retail Banking Customer Relations Branch Customer Care Team Watling Street, Bexleyheath, Kent DA67RR
Tel: 02082984944 Fax: 01322 552765

2 April 2007

Mrs xxxxxxxxx
xxxxxxxxxxxxx

Our reference: xxxxx

Dear xxxxxxxxx

I am sorry you have had to contact us about your account. Thank you for taking the time and trouble to do so.

I am looking into your concerns and will let you have a response or update as quickly as I can but no later than 1 May 2007. In the meantime if you need to speak to me please call 0208 298 4044. I have enclosed a leaflet explaining how Woolwich works to resolve complaints. I hope you find this helpful.

Thank you for bringing this to my attention.

Yours sincerely


Diana Smith
Team Leader
Retail Banking Customer Relations
Branch Customer Care Team

Enc. Customer Complaint Leaflet


"THE WOOLWICH" AND "WOOLWICH" ARE TRADING NAMES OF BARCLAYS BANK PLC, WHICH IS AUTHORISED AND REGULATED BY THE FINANCIAL SERVICES AUTHORITY. BARCLAYS BANK PLC. REGISTERED IN ENGLAND. REGISTERED NO: 1026167. REGISTERED OFFICE: 1 CHURCHILL PLACE, LONDON E14 SHP. www.woolwich.co.uk

So far so good... am looking forward to hearing from them soon as promised! Interesting to note that they are not using any of the addresses I had sent my original letters to, but still, I shall wait and see where the next one comes from.

Does anyone have the correct wording for going down the compounded contractual interest route I could have a look at for my next letter please?

[silentnight]

Just a quick update, having not heard anymore from the Woolwich I sent my 2nd letter (LBA) on Monday 16th April, recorded delivery, so far all is quiet, which I suppose may be good news!
SN

[thetwins2]

copy in Jackson House Clacton,,,, thats whom I got my offer from today! I didnt get any joy from Bexley Heath or Barclays London!! nothing, not a dickie bird

[silentnight]

Originally Posted by thetwins2

copy in Jackson House Clacton,,,, thats whom I got my offer from today! I didnt get any joy from Bexley Heath or Barclays London!! nothing, not a dickie bird

Thank you I will do!

[silentnight]

I am preparing my POC ready to take down to the court on Monday 30th, could someone please have a look at it and tell me if it is ok. Also I am finding it impossible to list all of my particulars as there isn't enough space, can we enclose a separate piece of paper?

Claimant
xxxxx

Defendant(s)

Woolwich
1 Churchill Place
London
E14 5HP

Brief details of claim

The Claimant seeks the return of penalty charges and overdraft interest charged thereon debited to the Claimant's bank account by the Defendant, and interest on these amounts as defined by the contract between the parties.

Value

Penalty Charges in the sum of £2,506.00 and interest charged thereon in the sum of £4.07. Interest to be determined as the Court deems just, as per section 6 of the attached Particulars of Claim, with the maximum to not exceed £1,679.91 a maximum total of £4,183.20. Plus administration costs at hourly rate of £9.25 for 50 hours worked, total £462.50, total costs claimed £4645.20. Plus compounded contractual interest of 27.5% according to section 6 of the attached Particulars of Claim from date of issue to date of judgement or earlier settlement at a maximum rate of £1.69 per day or at such rate and for such periods as the court deems just.

Defendants
name and

address

Woolwich
1 Churchill Place
London
E14 5HP

Amount claimed £4645.20
Court fee £NIL
Solicitor.s costs £NIL

Total amount £4645.20

Particulars of Claim (attached)(to follow)

1. The Claimant opened a Woolwich classic current Bank Account xxxxxx ("the Account") on or around 6th September 2003.
2. During the period in which the Account has been operating, the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these Particulars of Claim.
4. The Claimant contends that:-
a)The charges debited to the Account, as outlined in the attached schedule are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss but, instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under the Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1) (e), the Unfair Contract Terms Act 1977 section 4 and the common law.
5. Accordingly the Claimant claims:
a) The return of the amounts debited in respect of charges in the sum of £2,506.00.
b) Court costs.
c) The Claimant claims compounded contractual interest at a rate of 27.50% per annum from the date of each transaction to the 30th April 2007, which is £1679.91.
6. Defendant charges interest to the Claimant, via the Account at its published "unarranged overdraft rate" of 27.50%. The Defendant claims that it is entitled to charge this rate, by virtue of the Terms & Conditions. The unarranged overdraft rate is charged to the Claimant, via the Account, when the Claimant draws money from the Account whilst she has not obtained permission from the Defendant for exceeding any overdraft limit that she has. It is in effect, a rate that the Defendant charges the Claimant when she draws funds from the Defendant when she has no right for doing so.
7. Using that reasoning and maintaining the principal of equity, mutuality and reciprocity between the parties, the Claimant contends that she is entitled to an equal rate of interest in this case. The Claimant notes in particular that the Defendant erred in law, had no legal right to levy the charges to the Account and refused to refund the charges when asked to do so by the Claimant
8. If the terms and Conditions form part of the contract between the parties hereto, then there is an implied and/or imposed term of contract that the Defendant must pay the Claimant at the same rate of interest which it reserves for itself, in similar circumstances. If no express contract exists between the parties hereto relating solely to the Claimant’s right to charge interest to the Defendant at the rate which it reserves for itself in relation to similar circumstances.
9. In the alternative, should this Court not find that aforesaid implied and/or imposed contractual term does exist, Claimant claims interest pursuant to S69 County Courts Act. Interest, in that case, up until 30th April 2007 @ 8% amounts to £402.09 as detailed in Schedule B attached hereto.

Statement of Truth
*(I believe)(The Claimant believes) that the facts stated in these particulars of claim are true.

* I am duly authorised by the claimant to sign this statement

Full name xxxxxxxxxxxxxxxx
Name of claimant.s solicitor's firm NIL

I really would appreciate some help with this please.

[silentnight]

Nudge, anyone?

[magpie3]

Thanks for the look at your court letter, that will be my next line when the 14 days are up. It reads fine to me, but I am not experienced so hope someone will check it out for you. Good luck with your claim.

[silentnight]

Thank you Magpie3!

SN

[silentnight]

Can a moderator please look over my N1 above as I need to hand this in on Monday. I have not had any offers from W at all, which is worrying, just one standard letter stating they would be looking into things. Getting a bit concerned now can anyone please help. Thanks.

SN

[twisted-pixel]

Hi SN,

can I ask a question. I'm just preparing my N1 as it will be going in at the end of this week as I've heard nothing from the W and I doubt they'll be accepting my offer anyway. I'll be almost copying and pasting yours from above, but where do you get the bit

with the maximum to not exceed £1,679.91 a maximum total of £4,183.20

??

not sure where this 'maximum' comes from?

thanks for any advice


EDIT...sorry..I found it...but I have another question...as these figures change between now and the court case, will that have any bearing on these 'maximums' ??

and how do I calculate the daily rate of interest? the contractual rate on my spreadsheet shows as being 11.35 or 0.45 for statutory, but this is very different from what you are claiming

[silentnight]

Hi there

Glad you found the figures, when it comes to the court case,

as these figures change between now and the court case, will that have any bearing on these 'maximums' ??

and how do I calculate the daily rate of interest? the contractual rate on my spreadsheet shows as being 11.35 or 0.45 for statutory, but this is very different from what you are claiming

what I did was put in the date I will be submitting the papers to court onto the spreadsheet ie for you it could be 04.05.07, and then enter the figures shown on the spreadsheet for the escalating daily costs, ie on mine it is £1.69 per day, also the monthly interest rate, ie mine is 2.05%. But I am going down the compounded contractual interest route, so the statutory 8% is slightly different with lower figures in both cases. Hope this helps. Good Luck. I am handing mine in tomorrow as I had a busy day today.