Woolwich mortgage charges . ***WON***

[slick132]

Yes, that was my intention.

 

That will see that you get compound restitutionary interest from the date of each penalty to the date of claim, ie the full time during which they've deprived you of YOUR money. But it takes account of all amounts refunded on a non-restitutionary basis.

 

[HP Mum]

Sorry for being away from here. Just had no time during hols. Now kids back in school I can focus again.

 

I haven't done anything about this.

Should I just now write a prelim letter stating I want all the charges plus CI refunded?

[slick132]

Hi Mum,

 

Before you send the Prelim letter, can you open the spready and let us know what the reclaim total is for charges plus interest minus the refunded amounts.

 

[HP Mum]

Finally sitting down to tackle Woolwich properly.

Sorry Slick for the 3m delay in answering :-/

 

 

The current spreadsheet for Woolwich late payment charge reclaim, including the reimbursed charges deducted:

using the highest % of 8.39% totals £9.6k

using the midpoint % of 6.9% totals £8.7k

 

 

I have not yet sent a letter to Woolwich.

Should I now send them a Prelim ?

[HP Mum]

*** Just a thought ***

As I am going to make a claim for CI reclaim - Should this thread be moved to the Woolwich forum ??

[slick132]

Hi Mum,

 

I suggest you use the higher figure of 8.39% which keeps the claim under £10K and therefore on the Small Claims Track.

 

You need to send Woolwich/Barcalys a Prelim Claim letter with the spready.

 

[HP Mum]

Can I check how the court fee alters the total figure please.

 

How do the courts assess the total for how much court fee you pay?

 

Do they look at the total before or after the court fee is added??

 

It could make a big difference in how much fee to pay.

 

Also - as I am making a claim for charges - do the moderators here think it best to switch this thread to Barclays / Woolwich forums?

[HP Mum]

Another question:

The mortgage account was closed a few months back.

When it closed does my claim for CI also stop on the same day? And instead I charge statutory interest of 8%, from the day after it closed to now, on the different stat int spreadsheet? Or am I getting confused?

I am claiming charges & CI going back more than 10 years.

[slick132]

Hi Mum,

 

Personally, I think you should claim CI up to the date the claim is issued. Claim 8% s.69 Stat'y Int't at the daily rate of £x.xxp per day from date of claim until settlement.

 

You've been deprived of your money and continue to be deprived. The bank has continued to benefit from using your money to lend profitably to others.

 

I answered your Q about court fees on your other thread.

 

Thread can be moved to Barclays forum if you want (it'll get more views there than in the Woolwich forum). Let me know.

 

[HP Mum]

Thanks Slick.

 

 

Will draft my prelim on this basis...

 

 

Yes, I think this issue will be best served - now - in the Barclays forum. Thanks for helping to move it....

 

 

All the best

[HP Mum]

PS

Where do I send my Prelim letter??!!

 

 

I was dealing with Woolwich BTL team which was based in Leeds area.

Or should I send it to Barclays head office in London (Canary wharf)? and address it Barclays Plc t/a Woolwich...

[slick132]

Hi Mum,

 

Why not start a new thread for the claim in the Barclays forum, with a link to this thread for info.

 

A new thread for the next stage means that you can lose the 100+ posts from here and start with a summary of relevant points.

 

The Prelim will go to Barclays London HQ addressed to Barclays Bank PLC t/a Woolwich.

 

[HP Mum]

HI

I have another thread live on the mortgages section: http://www.consumeractiongroup.co.uk/forum/showthread.php?429557-Late-payment-charges-made-mortgage-in-arrears

 

 

I'm starting a fresh thread so there are less pages to read through.

In essence Woolwich gave me a penalty charge - this then had a knock on effect every month. Every month the mortgage got paid but their penalty meant the balance was always in arrears - which meant W kept giving me more and more penalties. I couldn't work out why they considered me in arrears as I thought I was always making the right payments. It actually took few years to get to the bottom of it all as they failed to reply to my letters and life got busy so I forgot to chase. It was only on threat of repossession that I really dug deep and made the discoveries.

 

 

Anyway - moving on....

I re-mortgaged last year with a different lender.

Now I want to make a claim for all the penalty charges Woolwich imposed on me, during the tern, plus Compound Interest and maybe - if it is possible - compensation too...???

 

 

I sat down and looked at all the statements and I worked out there were many £000s of charges !! Plus CI this makes a very big claim...

I need to act fairly quickly to keep my claim in small claims track. If I leave it more than a few more months the CI will raise the level to above the small claims limit.

 

 

I have had a look at some of the Prelim letters. I have used some already on other accounts. But as this is a (btl) mortgage account is there a different law that governs reclaims? Most of the letters I have seen seem to refer to a 2006 law concerning credit cards? Or is it just a question of altering the words?

 

 

Also - I currently have a claim against Bcard. Will the same head office team potentially deal with the W mortgage claim too? Or should I wait for the 1st to be dealt with before claiming on W?

[slick132]

Hi Mum,

 

Adapt the letter to refer to this being a mgge a/c as the principles involved are the same.

 

Post a draft here if you want.

 

From what you say, starting the claim sooner rather than later will be best.

 

[HP Mum]

Ok

Have drafted a letter and revised CI sheet. I have simply removed any reference to credit cards and added mortgage account instead. I hope this is ok.

Off to the PO now..

[HP Mum]

It ended up being quite a lot of money that I am claiming...

I suspect the letter opener will get quite a shock...

 

 

I can never get the dates right - is it 14 days from receipt? or 14 business days from receipt? that they have to respond to my letter?

 

 

Also - it doesn't matter that the account is closed does it?

[AndyOrch]

The Creditor should acknowledge receipt of your letter within 14 days and then give you a full reply within a reasonable time.

 

Regards

 

Andy

[slick132]

Hi Mum,

 

If you threaten legal action, send the LBA 14 (normal) days after the Prelim Letter.

 

Any reply will say nothing that will satisfy the claim you're making.

 

[HP Mum]

Barc have sent a text message. Saying they are looking into my complaint....

 

 

I assume they are referring to the prelim letter I wrote asking them to repay penalty charges and CI, rather than the Court claim I have against Barclaycard!!

 

 

Are they allowed to contact me by phone/text?

I would have assumed a proper letter response....

[slick132]

Ignore this contact and focus on the claim you're making, sticking to your timescales.

 

[brown1950]

Here is a link to a previous case which was lost in court :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440434-Orge-Vs-Barclays-Woolwich-Arrears-Charges

[AndyOrch]

Here is a link to a previous case which was lost in court :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440434-Orge-Vs-Barclays-Woolwich-Arrears-Charges

 

And here is a link to a previous case which was won in Court.

 

http://www.theguardian.com/money/2014/sep/27/landmark-ruling-lloyds-tsb-overdraft-charges

[brown1950]

Sorry but i don't understand the link between bank charges and mortgage arrears ?

[AndyOrch]

Oopps I thought this was in relation to Bank Charges...apologies brown.Not that the process is that dissimilar

 

Andy

[HP Mum]

Interesting. Eeek

Mine is mortgage arrears. Have just read Orge's thread.