Hannahbtw Vs Woolwich

[hannahbtw]

Hiya everyone,
im another newbie im afraid! have had a good read through all of the FAQs and many of the current cases on here..and im glad to see im not the only one daunted by the prospect of reclaiming MY money back from the dreaded bank.

I sent my S.A.R - (Subject Access Request) off on 26th february 2007 and initially had the standard.."we're sorry you're dissatisfied with our service..blah blah blah" letter. I was thinking "oh God, here we go..." and settled down for the long 40 day wait.

Lo' and behold on the 22nd march i received the list of charges, £1700.50 from 2001 til 2006 ( ive been a good girl the past year it seems! no charges since 21/02/06!) lol.

Wish i'd have seen this site before i sent the next doc though, as i naively added the 8% interest on to my claim and duly sent this Request for Repayment(Prelim) on 28th march (total i asked for was £2119.89)

Hopefully i won't have to re-do this stage without the interest added on. It was another site i used for that letter template, which said you COULD request the standard 8% interest prior to the LBA. I'm well and truly confused with the whole "to add or not to add" interest malarky.

Anyhoo, yesterday i received yet another standard, patronising letter identical to the first one i received back initially from my S.A.R - (Subject Access Request).
So i promptly replied stating that No i wasnt interested in making a complaint only interested in the return of the monies unlawfully taken from my account.
Reminding them of course, that they have only a further 7 days to comply. Also asked them not to waste my time with partial offers as such will be ignored. I'm definately in for the big money baby! (£1700 is a small fortune to supplement my paupers coach driver salary!)

So thats where im at..LBA will be going out on wednesday 11th march, unless by some miracle they decide to settle it and pay the full whack into my account before then..

Pigs might fly hey?

What are peoples views on having parachute accounts? I've opened a NatWest (no better than any other bank, im sure) account.."just incase".
Does anyone know if Woolwich are prone to closing your account after any legal (or threat of) action is taken against them?

Right..thats all for now. I'll keep you informed of my progress!

Han x

[bennyowen]

Good luck.
I have not heard anyone having their account closed by the Woolwich.

[hannahbtw]

Just a quick update.
LBA went out this morning, special delivery so the neddies at Woolwich should get it before 1pm tomorrow.
Not really expecting any reply from them but as i havent had anything along the lines of a 50% "goodwill gesture" maybe that will be forthcoming at this point.

And we all know what the answer to that letter will be.........


Han.

[hannahbtw]

Another update.....

Filed with MCOL yesterday evening (it was sooooo simple too..great for non-legal-eagles such as myself) and have just checked on the site now and it says its been issued.
Yippee!! i'm suing my bank! Ha!
Total im claiming is £2128.87 plus my costs, currently £120.00. And the woolwich wallies could have settled for £1700.50.....more fool them!!

Is anyone in the same position as me with their claim? Would be nice to find someone i can "race"..hehe!

Han x

[bennyowen]

hannahbtw

You are nearly there!

[hannahbtw]

Hi peeps.
Has anyone had a problem with MCOL putting the wrong issue date on their claim? I actually filed on the 26th April, but i got a letter today from Northampton County Court informing me that my claim was issued on the 13th April and the defendant has until the 2nd May to reply. This is wrong tho!
I checked online with MCOL and there again on the information page of all claims started, was the date 13th April underneath the "Claim Issued On" section.
What should i do?
I really should ring the court shouldn't i? Although i'm sorely tempted to leave it as it is......less time for them, quicker settlement for me.
Oh the dilemma! Any advice gratefully received!

Han x

[amandaardley]

it wont hurt to ring the court and ask hun just to be on the safe side

amandax

[hannahbtw]

Thanks for your reply babe,
I will ring the court when they open at 10am.
Hope it doesnt affect my claim!

Han x

[amandaardley]

hi hun

now im sure it wont affect ur claim, its not an error on your part, its probably all ok and its just mcol not updating, its not ur fault hun so i wouldnt worry everything will be fine,

amandax

[hannahbtw]

Hey amanda.
Well, i rang the court and apparently everyone who filed on the 26th/27th april had their Noticce of Issue sent out with the wrong timescales on it. The lady at the MCOL helpdesk was very apologetic and said that it was the first time that anything like this has ever happened before!
She gave me the amended dates..which are as follows: Claim issued 27th April. Deemed to be served on 2nd May. Woolies have until 16th May to reply.
Phew, thats all settled then. Im now sitting back ready and waiting for the numpties to get their behinds into gear and respond.
I've heard not a peep from them since 2nd April with their "blah blah looking into it" letter.
Hopefully they'll be more forthcoming now they know that i mean business!
How are u getting on? another day closer hey!
Good luck darl x

[amandaardley]

see tol du not to worry hun, think the mcol is over worked and having a melt down from all the claims lol,

im still waiting hun , i never heard anything back from woolwich after i refused thier offer back in march, they defended thier claim last thursday so just waiting on the outcome of the court and a court date, so im hoping not too much longer now.

ill keep checking back on ur progress hun , if u hear anything let me know.


amandax

[hannahbtw]

Received lots of mail to do with my claim today..some relevant...some not!
Firstly, another "we're looking into it" letter from the 'sales and service manager' at Jackson House, all totally pointless and rubbish, seeing as im now taking them to court.
Secondly...an offer!!! oooeer..shame its only for £1275.00 and about 6 days too late...idiots.

Lastly, i got the Acknowledgment of Service through from the court. Woolwich intend to defend all of the claim. I guess this is standard stuff?

I do have one problem though, hopefully someone can help me on this.
I've got to send a copy of my schedule of charges to Woolies Solicitors, as i stated in my POC that one would be forthcoming.
However, on page 2 of my Acknowledgment of Service i have no address details for where the documents about my claim should be sent. All i have is a printed name in the Defendent box (presumably of the solicitor) and in the "Position or Office held" box it just says 'Legal' and dated 15:02 30th April 2007.

So where do i send my schedule of charges?
Also, do they have 28 days from this acknowledgment (ie 30th)? or 28 days from when i first filed (27th)?
God, its getting confusing now...
Any help gratefully received!

Han x

[bennyowen]

When you submitted your claim in court online or face-to-face, you should have sent or given the schedule of claim for charges to the court and also a copy to the bank.

It is not late, send it to the court now with a short covering letter showing the case number and your name. Also send a copy to the bank's address at: The Woolwich, Litigations and Disputes, 1 Churchill Place, London E14 5HP

[hannahbtw]

Hi bennyowen.
Thanks for your reply.
I sent a schedule of charges to the Court the same day that i filed.
Was waiting for the notice of Acknowledgment so i could send the charges schedule out to the banks solicitors, but when it came there was no address details for them.
However, i rang the Court today, and they very kindly supplied me with the solicitors address details, so i can now fire off a covering letter to send to them with the schedule of charges.
All back on track!
I'll keep you all posted on my progress.

Han x

[hannahbtw]

Woohoo!! Woolwich didnt get their defence in within the 28 days and i've just had my Judgement by Defaut accpeted by MCOL!
Looks like i'll be celebrating soon. as anyone else had this? i was so expecting them to get their defence in at the last minute, but seems like i slipped through the net!
I'm so chuffed....but maybe im counting my chickens too soon...what do i do now? wait for them to pay? does the court still deal with it...? eek...confused..help..!
Han x

[hannahbtw]

Hmm.. i knew i'd spoken too soon.
Court has sent me a "Notice of Judgment Rejected" yesterday (dated 31st May 2007) Which states
"Your request for judgment in this claim has been rejected for the following reason: A bar on judgment/enforcement is in place-contact CCBC"

Well well...whats going on here?
My judgment by default should have been accepted, i allowed the 28 days from 2nd May (which was the date of service) for Woolies to get their defence in, and they never got back to the court, defence or otherwise.

Anyway, i rang the court regarding this, and the nice man there told me that yes, i was correct, the judgment should have gone through no problem, as they were out of time for the defence.
However, he had to cancel any further progress online as he said once the MCOL had shown it as rejected nothing more could be entered (silly but true!).
So he advised me to fax over a completed N225, which i did straight away.

I also e-mailed Katherine at Barclays to request a settlement in light of their failure to submit a defence in time. But i've had no e-mail back (i bet everything goes on hold at the weekend though!) yet.

I'm getting worried now though, as this whole "judgment rejected" scenario has got me down...nothing ever seems straightforward with this going to court business.
Anyone had anything similar happen?
Words of advice always appreciated.
Han x

[hannahbtw]

Well, after much nail-biting and worrying that i wouldnt get my money as soon as i thought...everything finally came together and Barclays credited my account yesterday..with the full claim of £2248.87!!!

I won!! yay!!

I'm still kinda shocked...i really thought that they would drag it out after i told them that the court hadnt received their defence in time.
I rang Robert Saunders at Barclays and although he was new and obviously very snowed under, he admitted they were in the wrong (wish i'd have taped the convo!!) and that i'd slipped through the net regarding their defence.
So after i faxed back a copy of their standard "we dont admit liability but heres all of your money" letter, they credited my account 1 day later!
This has to be a record claim. My original S.A.R - (Subject Access Request) went out on 26th february, so from start to finish its taken 14 and a half weeks, not bad!
Hopefully this will give everyone out there, still in the process of claiming, renewed hope that Barclays do pay out, just keep persevering!!

Donation on its way to the site as this wonderful place has been invaluable.

Someone please move me to the success stories forum! lol!

Han x

PS: Good luck everyone, you will all win in the end...go get em!

[Druids36]

Well done to you. we are just waiting the 14 days before action so a little way behind you but it's great to hear success storys it's us all going!!!!
Druids