noomill060's friend v Woolwich

[noomill060]

Need some advice.

I am acting for my friend in her battle against Woolwich.

Story so far:

They ignored her S.A.R - (Subject Access Request) last October.

They set Equidebt on her to recover a debt made entirely of these charges.

I wrote her a letter to send to Equidebt demanding they lay off as she was disputing the debt.


Woolwich wrote to her with the " We will reduce each charge to the £12 "allowed" by the OFT" letter.

She was quite scared and intimidated by Equidebt's threats of legal action, and without telling me, she signed form agreeing to the charges reduced to £12, posting it today. She has only just told me. She is lovely but a little naive and didnt really understand what she was signing.

Arghhh!

Its a long shot, but can I now write her a letter for her to send, withdrawing her acceptance?

[martin2006]

Its worth a shot. The OFT ruling for £12.00 limit refers to credit card charges and not charges relating to a current account. You could state that this has been misunderstood and the acceptance is withdrawn.
The worst that could happen is they refuse to accept it but its surely worth trying.
I would also include some pressure points like ignoring the S.A.R - (Subject Access Request) etc.

[gizmo111]

I doubt very much she wil lbe able to change that acceptance - can you post full wording here.

[noomill060]

Thank you. Writing the letter now. Will state that the Courts attention will be drawn to it, should it come to it.

Will be filing in court to enforce the S.A.R - (Subject Access Request) on Monday.

Thanks again.

[noomill060]

Dear Sir,
I am writing to withdraw my acceptance of your recent offer.
I have been under great stress from your DCAs (Equidebt) unlawful demands for repayment of your unlawfully applied charges and I consider that I was bullied and intimidated into accepting your offer.
As you are no doubt aware, the OFT did not set an acceptable level of charges, nor is it within it’s powers to do so. The OFT's report refered to credit cards and not current accounts.

Your disproportionate charges are unlawful at Common Law, Statute and in regard to consumer directives and your T&Cs in relation to penalty charges are therefore unenforceable.
I will accept your offer only as part payment, on the clear understanding that I will pursue the balance and all interest levied theron, through the courts if necessary.
In October of last year I issued a Subject Access Request which you have not complied with.
I will now file at Court to enforce compliance.

I reserve the right to draw the courts attention to this letter.

[martin2006]

Like i said it cant hurt trying.

[noomill060]

As the T&Cs which they rely on with regard to charges is unenforcable and conceals the unlawfulness, would it carry that an acceptance to reduce to a lower arbitrary figure of £12, would also be unenforcable, as the whole issue revolves around T&Cs which were agreed to at the account opening?

In short, if part of a contract is unenforcable and unlawful, does reducing the charges make it any less unlawful?

[noomill060]

Shorter still, does a signature of acceptance to a disproportionate penalty charge make it lawful?

(Clutching at straws!)

[martin2006]

They could wave it around in court but we all know they wont go to court so i dont think its an issue.
Send your letter off and see what happens. It cant make the situation worse can it!

[noomill060]

True.

Yes,you are quite correct. It wouldnt even see the inside of a Court.

Thanks for your wise words.