This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Well once again the banks show their contempt for not only their customers, but the Court as well. They've totally ignored the courts direction to supply a statement as confirmed in a telephone conversation with the Court. I'm now going to take this weekend to bundle up my papers and send them to the court and the Bank. I might also take the opportunity of writing another letter to the court, confirming that I haven't received anything from the bank either and politely pointing out how the bank fails to recognise any jurisdiction in this land apart from it's own!

Well my claim against the woolwich is still dragging on, but the light at the end of the tunnel is getting brighter. Today received notification from the court that the Woolwich/Barclays have until 14th November to serve a statement setting out how the particular charges in question were calculated and otherwise quantified. And the hearing date is set for 29th December, so the money may not arrive in time for xmas, but it looks like we'll have a good start to the New Year.

thanks for the replies. I've now received another letter from the court and this one states. In view of the Claimant's letter the court is considering directing the Defendant to produce information/documentation clarifying how the particular charges deducted from the claimant's account have been calculated. That, in turn, is likely to inform any decision that the Court is called upon to make as to whether the same constitute a penalty and/or are in convention of the Unfair Terms in Consumer Contracts Regulations. Any response from the Defendant in relation to the claimants request by 4.00pm on 13 October 2006. That sounds pretty cool to me !

Am I reading this right? Egg are asking the the court that if/when they find in your favour that these are unlawful penalties, they are then asking the Court to set the amount of a reasonable cost that they can charge as a penalty?

Thanks essjaysea I appreciate your advice. It seems that as this forum grows bigger the help and advice is being spread ever thinner and finding information relevant to what you need is like looking for a needle in a haystack. It's beginning to seem that the further I go with my claim, the more alone I feel.

Wow, I'm surprised there hasn't been more interest on here in the fact thay you've got a warrant issued against them. Normally, people are swarming all over a thread such as yours. I'm gonna keep an eye on here to see how the Woolies respond.

They did the same to me and filed their defence right at the last moment. Darn annoying isn't it!

I've received an order from the Judge asking why he should issue disclosure in this case and what documents or class of documents do I wish to see. Once he gets these he'll consider whether to allow it. I REALLY want him to do it .. so I need someone's help. If anyone has any idea how I respond to this request I'd be grateful. I've had a look through loads of threads, but as the forum is growing it's becoming increasingly hard to put my finger on the relevant information. Response needed by 12th September.

Hi Bookworm (me again, sorry) I noticed that the Judge in your case ordered disclosure. Following your advice in my thread I also requested disclosure when returning my AQ. I've now received a letter from court saying, with reference to the claimant's allocation questionnaire, Part 31 blah blah blah disclosure does not apply in the Small Claims Track. The Court therefore is unlikely to order standard disclosure. However, if there are any particular documents or class of documents that the claimant requires then consideration can be given to such a request. A response is required by 4pm on 12 September 2006 following which directions generally will be given. Did you list which documents you wanted to see in your disclosure, do you know what documents I need to request? Any good advice from the vast vaults of the Bookworm mind?

Bookworm I'm not sure I understand what you're saying. What I'm saying is why should he pay the overpayments AFTER the council became aware they were overpaying him. Otherwise it means the council can sit on that information for as long as they like without contacting him, or investigating it further, allowing overpayments to accrue indefinately? Then turn round to the claimaint and say, "oh btw we're fully aware that we've overpaid you for the past 5 months, but it's your fault for not telling us in the meantime" Is that correct?

Yes, he did contact the Council prior to their investigation and yes this call does show on the phonebill, along with 2 other calls on different days he made to their department. He took the first name of the person he spoke to as they wouldn't give him their surname! (How convenient that they have 2 people with this first name working in that office). How convenient as well, that the person who took the call did not record the conversation, but did the action ie; submitted a revised council tax bill. The council now claim that even though the call took place the conversation regarding his benefits did not. I've read somewhere in a Decision Makers Guide (I think), that if the authority are made aware of a change in circumstances (via a third party), they can only reclaim the overpayment up to the date they became aware of it. Does anyone know if that's true?

I've noticed that a few people (including myself) have queries relating to local authority and benefits eg; housing benefit, council tax etc. and we are posting them under the general consumer section. Would it be possible to have a new section relating to local authority issues or benefits as they seem to be seperate issues from general consumer ones? It might then be easier for someone with knowledge of these issues to find us and offer help. Many thanks

I've been helping a friend who was investigated by the local authority for benefit fraud regarding an overpayment of £1500 in Housing Benefit. It's a very complicated matter so I will try to keep this brief. Initially we requested details of everything held on my friend using the Data Protection Act. This provided us with some very useful information and I would recommend anyone in this situation to do the same. From the information supplied to us it turned out that the local authority knew my friend was in receipt of certain benefits 5 months before they took any action to recover the overpayment. They had been informed of this information by another of their departments, a completely reliable source. They claimed that ' although they were aware of this information, it was still up to him to contact them and tell them'. My friend had contacted them and told them, resulting in an amended Council Tax bill, but the person he spoke to didn't enter it onto their 'logging' system. Something they use to record any conversation you have with them for Council Tax, Housing Benefit etc. How can my friend be guilty of fraud if the local authority were already aware of the situation. And how can they claim back overpayments they already knew they shouldn't have been paying. If anyone has any thoughts or knowledge of this I'd be grateful for any help.