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annette38

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  1. they excepted my terms, and sent me a letter for me to sign, they are sending me a big fat cheque, i got my original claim money plus extra interest plus they cleared my overdraft and othere charges. but will celebrate when cheque has cleared,
  2. just called woolwich litagation dept, they are willing to settle, i told them i want the other charges dropped from my account, which have taken me over drawn since i started claim, they are getting back to me by monday. told them i will not settle untill they do, or i would let them take me to court over it, as they are threatening to do that, will keep you up dated. annette
  3. read my thread, keep going it will take about 4 months start to finish, but im almost there annette
  4. just got a letter from the court today UPON THE COURTS OWN INITIATIVE IT IS ORDERED THAT Unless the defendant does by 4.00pm on 9 march 2007 file and serve documents/witness statements as ordered on 19 january 2007 the defence shall be struck out without further order and the claiment shall be at liberty to enter judgement for the sum claimed together with interest(if included in the claim) to the date of judgement and all court fee paid and the hearing on 16 april 2007 be vacated. dated 22 febuary 2007 What does all this mean, and what do i do to get back further charges on my account which where not on claim, do i start another claim, so far they have added £900 on my account, thanks annette xx
  5. hi, just handed in my court bundle to court inc relevent case law and spread sheet of charges and all my letters to barclays, and posted copy to the bank. just have to sit back now and wait for 16th april my court date. will let you all know if they make an offer. what do i do about all the charges ive had of them since starting my case, do i start another court case, or ask them to clear all charges when they make an offer or i win my case?????? annette
  6. hi all, after a months wait, i have now got my court date 2pm 16 april. the court want me too send in any documents reavent to the case, what are they? i have to have them in by 16th feb annette
  7. the first charge was for 2001, i have done the allocation questionair today and filed it with the court, i includedthe right things as above, and filled in an exemption form so i didnt have to pay the court fee, as im on benefits, it felt good, fingers crossed i get my money back. happy new year every one. annette x
  8. al, thanks for all your help, im off to my mums tomorrow, so wont get back online till i get to my brothers on boxing day. his girl freind is a leagle secratery, so will get her to help with the form,and will see if you have any help on here too before i post the form off. it has to reach the court by 2/1/07 merry christmas annette
  9. i sent them a shedule of charges, but havent sent one to the court in northampton, as the court letter i got yesterday says its has been moved to my court in bournemouth. when i did my online claim, i said that i was claiming disappropriate bank charges levied onto my account by woolwich and interest incurred. with the amounts. im not a solicitor, and didnt know what else to put. i have a form here to send to the court, which im having trouble with, do i send in the court bundle and the shedule with it?
  10. thanks for your help, these are the steps i took, 1) requested my bank statements with template on this site. 2)got statements and £10 payment for them 3)send second letter template requesting my refund. 4) got standard letter from bank, saying no. 5)send 3rd letter before action 6)got offered half of my money back £700 as a good will gesture 7)send template letter refusing money, 8) started my claim online,(wasnt sure what to put on my claim, as i couldnt find the right template) 9)got court letter saying they had filed my claim. 10) got letter this week saying the bank woolwich/barclays had file a defence. this is thier defence 1. the particulars of claim give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. the stament of case would appear to be an abuse of process and/or will obstruct the just disposal of the proceeings and it does not appear to comply with CPR r16.2. 2. the defendent respectfully requests an order that the claim be struck out pursuent to CPR r3.4 as it does not disclose reasonable grounds for bringing a claim and is an abuse of the court?s process. it also does not appear to comly with CPR r16.2. 3. if an order to strike out is not concidered to be appropriate, to the extent it is alleged that the claiment incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, 'paid referral fees' or any other such fees), the defendant puts the claiment to strict proof of each charge and the date thereof. 4. the defendant is entitled to charge the claiment for unauthorised borrowings by reason of its standard terms and conditions. the charges constitute payments the claiment agreed to make by reason of the terms and conditions of her account and were consideration for the defendant advancing credit to the claiment, which the defendant wasnder no obligation to advance, the defendant was entitled to impose such charges and interest when the claiment incurred the overdraft, the claiment accepted the same when the account was opened. 5. the standard terms and conditions included (in particular but without limitation)the following terms and conditions(which are summerised); a. the defendant?s right to charge administrative costs if any cheque, standing order or direct debit cannot be paid because of lack of funds in the account-£30 per item( previously £27.50). b. The defendant?s right to charge administrative costs if the defendant was compelled to pay any items which caused the account to be over drawn-£30 per item (previously £27.50). c. the defendant?s right to charge unauthorised overdraft fees - £3 per day. d. the defendant/s entitlement to refuse any debit transaction or debit card transaction where there were insufficient cleared funds in the account and to debit from the claiments account any charges, interest or other money which became payable by the claiment to the defendant in relation to the account. e. the defendants entitlement, if a cheque or other item paid to the account was returned unpaid, to debit the account with the amount of that item together with any interest paid by the defendant on it. 6. the defendants standard terms and conditions give the claiment a fair and transparent view of those terms and conditions and the charges applicable for unauthorised borrowings (including where the claiment exceeds her authorised overdraft limit). 7. if and to the extent it is the claiments case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claiments account constitutes a liquidated damages clause, the same is denied.p aragraph 3 above is repeated. 8. the existence of the schedule referred to in the particulars of the claim is admitted. the claiment is required to proove the set charges set out therein, 9. for the reasons set out above, it is denied that the legal principles relating to liquidated damages clauses and penalty charges or applicable to thefacts set out above. further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair terms in consumer contracts regulations, or are in breach of the unfair (contracts) terms act 1977. it is further denied that any such charges unduly enrich the defendant. 10. therefor, it is denied that the charges were unlawfully debited from the account. 11. if and to the extent the claiment incurred charges on his account, this was caused by the claiment having gone into overdreft without heving agreed with the defendant to increase the overdraft facility and/or his failure to make payments to bring the balance back into credit or back within the authorised overdraft limit. 12. it is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same. accourdingly, the claiment is not entitled to a declaration by the court as to the enforceability of the said charges whether as pleaded at paragraph 5b or at all. 13.the defendant denies that it is liable to the claiment for sums claimed and interest pleaded by the claiment in paragraph 5 or at all. 14.in the alternative, and without prejudice to paragraph 9 above, (which isdenied)the said charges and interest or any part thereof are inlawful or unenforceable as alleged by the claiment or at all, the defendant has nonetheless suffered loss and and damge as a consequence of the claiments breach of contract in allowing the account to go into unauthorised overdraft, accourdingly, in the event that the defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraph 3 to 5 and 11 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claiment. 15.the defendant denies that it is liable to the claimant for the sums claimed and interest as plaeded by the claimant or at all. in the alternative, which is denied, if the said charges amount to the sums payable on breach of contract, it is averred that the charges asserted by the claimant to havr been applied to the account prior to 10 november 2000 would not be recoverable for reason of exhaustion of time in bringing contractual claims from the date of accrual, persuant to the limitation act 1980. in my claim, as i wasnt sure what to write, i just said that the woolwich has levied inapropriate bank charges onto my account 9with the amount charged) and i wish to claim this back with interest, can any one make any sence out of all this leagle crap, and what do i have to do now to state my case properly, is it to late,? i have my form to return to court, i need help filling it in.
  11. hi, im very new at this, i think i cocked up when filling in my court claim, i just stated i was claiming back my bank charges, then put tin the amount, i had missed the actual thing to put in there. the bank, woolwich/barclays. have made a defence, and have said that i havent stated my case correctly and im waisting the courts time and resorces. and a lot of other crap which is over my head. and it shouldnt go to court, but it is. ive just got my form to fill in and have to send it back back 2/1/07. can anyone help me with this. and what do i need to do now to win my case. this is scarey stuff for me. my mobile is ---- if anyone can help me . any solicitors reading this please help. annette:eek:
  12. i had a letter from woolwich via barclays, offering me £700 as a good will thing, which is half of what they owe me, so sent them the refusel letter, and have just now issued my court claim, not sure if i did all the wording right, but its going through, has antbody won against the woolwich?
  13. jsut issued my court claim against the woolwich. has anyone had their money back from them ?
  14. hi, ive just got the same letter from the woolwich, giving me a dead line of thier own. but i am going to stick to my 14 day one. just dont know which is the follow up letter to send them? annette
  15. just had a letter from the woolwich, after i had sent them a list of charges and my letter to ask for a refund, my 2 weeks will be up on 19th oct, but they said they will have it resolved on 2nd nov, should i wait till thier dead line or mine, to send them my final letter? can anyone help? annette
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