Have i got a case with the Woolwich? **WON**

[kfiggitt]

Should i have any witnesses? I.e my partner as its a joint account?, Also the question "do you want to use an experts report at the hearing?" and what should i put in the other information box to help support my case?

 

Many thanks,

 

K x

[barracad]

No witnesses, no expert repot.

 

Other information is only for information regarding the management of the case, not any details regarding the case itself. So for example do you need any special arrangements (e.g. wheelchair access), will there be a lot of paperwork for the judge to read through - basically any other information which would not normally be expected for a small claims hearing.

[kfiggitt]

Thanks Barracad,

 

I have just filled the questionnaire in, signed and dated it.

 

Will be delivering it by hand first thing tomorow morning.

 

K x

[Guest Mumofthreeboys]

I expect I'll be in the same boat as you pretty soon.

 

Make sure to keep us all posted, or else I'll be coming to you for advice. Good luck, not that you'll need it, MOTB xxxx

[kfiggitt]

Delivered my court allocation questionnaire in person yesterday.

 

K x

[kfiggitt]

Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

 

I am going to return her call shortly any advice welcome please....

 

Thanks,

 

K x

 

Could this be the settlement?

[closey]

When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

[Guest Mumofthreeboys]

Had a voicemail message on my mobile from a Jane Ballard at Barclays head office. :o

 

I am going to return her call shortly any advice welcome please....

 

Thanks,

 

K x

 

Could this be the settlement?

 

I reckon it probably is - but I would be very non-committal (sp) in what I said over the phone.

[Guest Mumofthreeboys]

When you speak to her I would say that you require any communication in writing and politly say you are ending the call and that you will await her letter. If you don't want to do that try and record the call, but make sure you advise her you are doing so.

 

Closey - like minds and all that. You were quicker than me this time

[kfiggitt]

Just Rang Jane Ballard's number. Jane is now on holiday until Monday 3rd July 2006. Her voicemail said to call her collegue Karl (who i have spoken to before and is useless.)

 

Anyway i just tried to call Karl and got answer phone again saying leave message, ref number etc and someone will get back to me within 48 hours!

 

Aargghhhhhhh

 

K x

[kfiggitt]

Woolwich rang me back this afternoon. Apparantly got crossed wires. They rang me as they thought i had rang them and vice versa. So, still only willing to offer me £360.

 

The guy i spoke to said they will not give me £440 and if i want this amount i will have to pursue my court case.

 

I am now worried as it looks like they are willing to see me in court.:-|

 

What should i do now? Any advice gratefully received.

 

K x

[kfiggitt]

Just spoke to my local court to find out whats happening as i havent heard anything since returning my court allocation questionnaire.

 

Apparently Woolwich have also filled in a court allocation questionnaire. Now i wait and in a week or two i should get a lettert with a court date on!

 

Aaarghhhhhh

 

K x

[Guest Mumofthreeboys]

Curiouser and curiouser!!!

[kfiggitt]

Oh my goodness! Received a letter today with a court date of the 14th August!

 

I'm really nervous now...........

 

K x

[Guest Mumofthreeboys]

Oh my goodness! Received a letter today with a court date of the 14th August!

 

I'm really nervous now...........

 

K x

 

My guess would be that you'll get your cheque on about 11th or 12th August. I'll be keeping a close eye on you - I'm just a little behind you, I should be getting my court date any day now

[kfiggitt]

I really hope so mumofthreeboys.

 

My partner is saying i told you you should of accepted £360!

 

He's making me nervous!

 

K x

[Guest Mumofthreeboys]

My partner is saying i told you you should of accepted £360!

 

He's making me nervous!

 

K x

 

Awwww, don't let him make you feel nervous, he'll be laughing on the other side of his face soon you'll see MOTB xxxx

[closey]

MOTB is quite right...you have nothing to be nervous of. However I would highly recommend you spend this time reading up on the legalities so IF your case goes to court you are fully prepared.

 

That said, I think a full settlement cheque is coming your way very very soon.

[kfiggitt]

Hi all,

 

HURRAH!!!

 

Just received a letter from Barclays stating my "claim lacks merit" and enclosed copies of the terms and conditions relating to my Woolwich account. They have also offered me £390 as full and final settlement and without any admission of liability!

 

I am not happy. If i were to accept this i would lose my £50 court costs.

 

Any advice welcome here.

 

K x

[Guest Lueeze]

Push for the whole amount after all you will loose out if you dont, you have come this far don't give up, and don't listen to your partner who will say take it take it...

 

If they can offer this amount then they are as good as saying they give up!!

[kfiggitt]

Thanks for the advice Lueeze.

 

I will definatly fight on.

 

Just been reading the Woolwich's terms and conditions for charges on their accounts. It does clearly state "If you have gone overdrawn or breach conditions of account we reserve the right to charge you for any costs incurred in the recovery of your account documents, the cost of the overdrawn balance, reasonable costs and fees paid by us!"

 

So they may think they are right but i don't accept it costs them £30 + each time a d/d is returned to my account!

 

Almost forgot to mention in this letter received today the Barclays say they think my case will fail in court!!!

 

K x

[Guest Lueeze]

Im filling for my partner on Monday for the Woolwich total £1900 and I will be reclaiming it till the death LOL!

 

They will say ANYTHING they can to make you back down, I just IGNORE anything that comes from them unless its offer of full payment...

 

Lou xx

[kfiggitt]

Hi Lueeze,

 

Thanks once again for the advice.

 

I have also spoken to an admin on the bank penalty charges website where i have the same thread. After a long morning of discussion amongst the admins there, they advised me to courtesy call Barclays tomorrow re: £50 court fee but regardless if i get this or not still go ahead and accept the £390 as this was my original total before incurring court fee. They seem to think if i were to go to court the judge may throw out my case if he knows i have been offered full refund but not accepted this amount. So this is what i am going to do.

 

If anyone reading this is behind me in this process i'd be happy to advise and good luck to you all.

 

K x

 

£390 is coming home!!!

[Guest Lueeze]

I would say different myself ater lots of cases on herre like this...

 

MODS?!?!?

[closey]

I would say different too. If you were to go to court and win they would have to pay your costs.

 

I have claimed back costs in my win against Lloyds and they didn't bat an eye lid when ask them to include costs in my settlement cheque.