Angel Vs Woolwich

[a.ferra]

Can someone advice me what to do next, just over 1 yr ago I lost my job, I managed to find another job but it took 5 mths, however in that time all my money had been eaten up and even though I was temping the bank charges were killing me. The charges were so high that I went way over my overdraft and was unable to keep up, it happened so quickly the bank then defaulted me. Luckily I had two accounts and only defaulted on one, however this is now on my credit file. I am now re-employed in my field I have repayed all the debt to the bank and received a letter of disasociation, the only reason I went into default was due to the bank charges. I have written to the bank (using template from this site) outlining all the unlawful charges which amount to £2048.54 on the defaulted account and £1089.45 on the other account. After what seemed an eternity Woolwich have written back stating that they disagree with my claims, however without any admissions they are willing to offer a sum of £450 and is intended as a gesture of goodwill. I have 4 weeks to comply. The accompanying letter for me to sign states I accept the sum in full and final settlement of my complaint. What should I do and how do I get the default removed from my credit file?

	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.

	Credit Report Click link to open in new window.

[bram stoker]

I would write accept the amount as part payment against your claim, stating that you will continue to raise a claim for the balance and the default removal.

Remind them of your timetable and stick to it.
Good luck.

[a.ferra]

Could they withdraw the offer entirely? Also could they still close the account that I am still using?

[a.ferra]

Is there a template in your library that you can recomend, or would you think it better if I wrote my own specific to this case?

[bram stoker]

There's no template that I know of. Draft your letter and post it here and we can review it for you before you send it if you wish.

[a.ferra]

Dear Mr Voller

Thank you for your letter dated 5th May 2006.

Firstly I would like to accept your offer of £450 as part payment against my claim. I feel that as you may be in line with the banking code with your terms and conditions your tariffs are mostly certainly not. Therefore I will be pursuing my claim for the full balance and also to have the default removed from my credit file. This default would not have occured if your charges had been just and fair.

Can you please notify me in writing when you will be transfering the funds to my account.

I will wait until 7th June for your reply before moving forward with this case.

Yours sincerely

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

	Credit Report Click link to open in new window.

[bram stoker]

Originally Posted by a.ferra

I feel that as you may be in line with the banking code with your terms and conditions your tariffs are mostly certainly not.

Can you please notify me in writing when you will be transfering the funds to my account.

This first sentence should be without all the justification. I would just say something alomn the lines 'I feel I'm due the full amount per my prev. letter'.

The second sentence should have a question mark at the end - I'm picky.

Good letter.
Go Angel.

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

[a.ferra]

I have finally received a reply from woolwich withdrawing their offer, it reads:

'Thank you for your letter of 1 May.

I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amount offered, you will be seeking the remaining balance in the County Court.

I would like to take this opportunity to clarify the amount offered was a gesture of goodwill in full and final settlement of your claim. I am therefore unwilling to adhere to your request to reimburse you with the amount offered, and it is with regret that you will now be proceeding to the County Court for the full amount.

I appreciate this is not the response you were hoping for but trust I have explained the Bank's position.

Yours sincerely



Joanna Carney
Customer Relations Manager'


Ok what do you suggest I do next?

	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

	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.

[Mumofthreeboys]

Originally Posted by a.ferra

Ok what do you suggest I do next?

Firstly, don't panic, this is a completely standard letter

Just move on to the next stage of your claim, LBA I take it then ????

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[bram stoker]

Originally Posted by Mumofthreeboys

Firstly, don't panic, this is a completely standard letter

Just move on to the next stage of your claim, LBA I take it then ????

Is it not court proceedings?

[a.ferra]

Ok as I've never taken anyone to court before, how do I proceed?

[a.ferra]

Hi does anyone know where I can find info on how to start court proceedings?

[Thailand]

through moneyclaim (1 option) think its in the FAQS, still learning myself, although one things for sure - don't worry - you will win, piece of cake

[voddiemonster]

You need to do your letter before action first advising them that you are taking that route and giving them 14 days in which to settle the full outstanding amount that you are asking for, you must also enclose a spreadsheet showing all the charges you are claiming( i hope you have gone back 6 years, as that is what you are entitle to claim for) . After 14 days you then can make your claim against them.

All the letters you need (LBA etc) plus spreadsheets are on this site.

I am also sure that i saw on some of the standard letter templates in different coloured writing things to add if you were requesding/demanding a defult be removed as well.


I would have a good read of all the FAQ and the other sections where the templates are located to familiarise your self with the proceedure.


Good luck

Voddie x

[a.ferra]

Ok just to clarify I now need to send another letter to my bank along with the spreadsheets of the amount claimed just as I did in the beginning giving them 14 days notice?? Even though they have replied and offered a ridiculous amount and I have written back stating my intention to move forward and claim the entire amount?? I just want to make sure I do this in the correct order!!

[a.ferra]

Can anyone help with my above question?

[GSMGuy]

Hi, you don't need to send the spreadsheets with your LBA (letter before action) the bank already have the info....

Just refer to your previous letter, and the lack of an acceptable offer/reply - then state theat you will commence court proceddings without further notice after a period of 14 days..

Send it recorded so you have proofof delivery..

HTH

Mike

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[sparklydayz]

I replied to the Woolwich`s offer saying I would accespt but only as a part payment. They replied saying their offer was for full and final settlement. I then sent the LBA. I think you would be safer to send an LBA even though you`ve said in your letteryou will proceed to take action just so you make sure, by using the template on this site, that you`ve used the correct wording and you can`t be accussed of not giving them sufficient notice. Better safe than sorry!

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	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.