yankee_bloke vs Woolwich

[yankee_bloke]

Finally got my Data Protection Act paperwork today. i work out i am owed £624.50 in returned cheque and DD charges.

Have just typed up my letter requesting refund and will send it recored delivery today! I already have the letter before action done and ready to send in 14 days, this money will certainly come in handy! the interest is another £108 which i did not claim in the fist letter, if it goes to court i will claim this ack as well as costs!

wish me luck!!!!!!!

[barracad]

Good luck!

[yankee_bloke]

The only reply to my prelim letter was the standard, "thank you for your letter, sorry your upset, will contact you soon" from our friend Mike Brophey at Barclays.

Time is up LBA is being sent to woolwich HQ (the destination of my preliminary letter) recorded delivery today.

[yankee_bloke]

Recieved a letter from openplan today saying "thank you for you letter recieved 20 June (My LBA letter)

blah blah.............we will aim to resolve this matter by 19th JULY!!!!!!!!!!

Guess we are going to court

funny seeing as the original letter asking for money back was replid to by Barclay's Mike Brophey...........now the LBA has been replied to and delt with by Openplan????????

seems there are communication issues, oh well their loss

[yankee_bloke]

OK help needed i am confused as which to do next

today was the day to file the claim online, as its been 14 days since LBA, moneyclaim is all filled out ready to submit.

received a letter today from Barclays offering £300 (my claim is for £624) as full and final settlement.

do i write back accepting £300 as partial payment blah blah blah and give them another 14 days?, or do i just go ahead and file with money claim now as the 14 days from LBA are up?

advice most welcome!

[barracad]

You made it clear what you wanted and when you wanted it - they haven't done this so start the claim as you said you would.

[yankee_bloke]

Was thinking of sending in the following letter as at the moment i dont have the spare cash for the claim, will have that on the 24th if the letter is refused, also could do without the hassle of courts etc,

would this harm my claim if i sent this? or is it just tottaly the wrong way to approach it? Bear in mind i could do with the £500 quickly, rather than wait another few months for my claim amount.

Letter as below..........comments welcome

Dear Ms XXXXX,

Without prejudice.

I am writing in response to your letter dated 3 July 2006.

I was disappointed to see your offer of settlement was only £300, this figure is less than 50% of the total figure I am claiming (£624).

If the roles were reversed, and it was I that offered Barclays less than 50% of what was being claimed, I think we both know what the response would be.

In the interest of goodwill, and to avoid further costs and inconvenience to both parties. I would be willing to accept the sum of £500 as full and final settlement of this claim.

If this is not acceptable, I intend to pursue my claim in the County Court for the full amount plus interest @ 8% pa and fees, the total amount of this claim as of today would be approximately £817.

I am willing to accept for offer of £300 as an interim payment, whilst awaiting receipt of the difference.

If I do not receive a satisfactory response in 14 days I shall begin claim proceedings, I do hope we can avoid the need for such actions.


Yours faithfully,

[barracad]

I would strongly suggest you do not send it for the following reasons:

- It shows you are not willing to go all the way and take your claim to court. Therefore they may simply retract their previous offer and offer you nothing.
- It shows you aren't interested in getting the full amount from them. Therefore it gives the impression you do not believe your claim would succeed in court. So if you did start a claim, they would just make you a silly offer as you will be likely to accept it. If you don't start the claim you are unlikely to receive an offer for this reason.
- There is no harm in waiting until the 24th and submitting your claim then - but don't send anything in the interim.

Your decision at the end of the day but I would strongly suggest you consider my advice above.

[yankee_bloke]

Barracad thanks for the advice i agree with your points so i will hold off.

This though has now triggered a pannick!

I went to get all the statements sent to me from woolwich to get prepared for court etc...........and the missus has tossed them out!!!!!!!!!............a rrrggghhhhh!!

now i do have the date and amount of each charge i am claiming for noted down, so i can supply this information, but do not have copies of the statements detailing the charges anymore???

Am i screwed?

[yankee_bloke]

Come on guys and girls

does anybod know if i need the Data Protection Act statements to go to court? Or will the date and charge amount be enough, as the woolwich can obviously look those date up quite easily???????

[CrikeyMick]

Hi Yankee bloke.

My understanding from what I have read elsewhere in the forum is that they shouldn't even need the list of charges since the bank is well aware of the charges as they supplied the information to you.

I'd take them along in case the magistrate wants to see exactly how the cliam is made up, but you shouldn't need to provide all the statements to do that.

Anyone know different?

[closey]

I don't think this should pose a problem to you. Did you list the dates and charges into vamps spreedsheet? If so this is what you would supply to the solicitors acting on the Woolwhich's behalf. If it got to the stage where woolwich's solicitors said we need you statement, you could politly tell them that THEIR client has all this information.