Amanda V Woolwich

[Don4071]

Never Heard Of Her But You Can Bet Shes Just Another Cog In The Many Wheels Of The Woolwhich/barclays !

 

C.O.G. - Cluster of Gits:)

[Don4071]

Popped into the courts today to check on the status of my claim with the Woolwich.

 

Woolwich had until 4pm to acknowledge, but haven't done so yet.

 

Staff in the court told me to check back onn Wednesday, as they may of had a response in from Woolwich but it takes the courts 2/3 days to update the system - doh!

 

Get back to you on Wednesday......

[Don4071]

Woolwich have Acknowledged the claim on 31st October 2006 - intending to defend. Defence should be submitted by 17/11/2006.

 

What should I expect next??

[Thailand]

A defence at the Eleventh hour I reckon, unless that falls on a weekend - then maybe a tad before the 17th. Barclays do like to leave everything to the last minute in a weak attempt to put you off. Keep us updated, it gets a bit quiet now - countdown until payday!

[Don4071]

Checked with the courts today. Although Barclays/Woolwich have acknowledged the claim, they haven't submitted a defence??

 

So I've made a 'Request for Judgement' with the courts today.

[paddym]

nice1 don keep us informed !

[Don4071]

Received Allocation Questionaire today from the Court.

 

Barclays/Woolwich have submitted a defence (late, of course) and the court is proceeding with it.

 

Not yet woken up properly, so on the face of it, their defence seems like the standard defence I've seen from thers on the Woolwich Threads. But I'll double check and if anything seems out of place, I'll ask.

 

Need to look at how to complete the enclosed AQ now.

[Don4071]

THINK I'VE MADE THE MOTHER OF ALL C**K UPS.

 

At the time of submitting my claim with the Courts, Woolwich owed me £2730 (in charges) £635.83 (8% interest) and £120 (court cost).

 

I inserted in the Particulars of the Claim, daily interest of 8% - but I think I've calculated this part of it wrongly.

 

Essentially, what I'e done is added what Woolwich owed in charges i.e. £2730 and the interest i.e. £635.85 togther, totalling £3,365.83. Then calculated the daily 8% interest i.e. £3,365.83 x 0.00022 = .74p per day.

 

I THINK WHAT I SHOULD HAVE DONE IS £2730 x 0.00022 = .60p per day.

 

I did the first method with my Capital One claim and they paid out without picking up on it.

 

I've now confused myself and in my state of panic can't seem to fathom out if I've done it right or wrong and if it's wrong what can I do about it???

[jonni2bad]

Don't worry about that. If it is picked up on by the bank or the court then the Judge can simply decide what is fair.

 

I actually did the same and was still paid

 

I'm going to tell them, obviously, I just keep forgetting.

[Don4071]

Don't worry about that. If it is picked up on by the bank or the court then the Judge can simply decide what is fair.

 

I actually did the same and was still paid

 

I'm going to tell them, obviously, I just keep forgetting.

 

 

Thanks jonni2bad. I've sort of calmed down a bit now - after smoking 5 ciggies on the trot!

 

I'm sure we're not the first to do this and probably not the last!

[Delboy01]

Just a thought.. have they employed loads of more people to go thro every detail with a fine tooth comb? I dont think so, particularly If they have no intention putting it before the judge

[Don4071]

Just a thought.. have they employed loads of more people to go thro every detail with a fine tooth comb? I dont think so, particularly If they have no intention putting it before the judge

 

 

I had that thought too (great minds and all..). Thinking about it, claims are raised by humans and humans make mistakes, so its not as dire as I first presummed!

Given the volume of claims being pursued, I think unless claimants 'stray' drastically from procedures or pursue unreasonable charges (beyond charges, interest and court costs), then banks don't look at the finer details (I hope!).

[Don4071]

BIT OF ADVICE PLEASE....

 

On the Allocation Questionnaire, Section F 'Proposed Directions' am I right in thinking that I don't necessarily have to attach a list of directions.

 

As my claim is less than £5000 it should be allocated Small Claims - no problems.

 

Looking at jonni2bads advice (thanks jonni2bad) the only 'direction' I can think to include is a direction stating parties should make a standard disclosure, within the 'Other Information' section, something like:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

What do you think?

[Don4071]

AQ handed in. Wait and see now....

[Don4071]

Hi all...hope you all had a good Xmas and Happy New Year.

 

Court date has now been given......14th February 2007. Do you think Woolwich will bring me some choccies and flowers to the court!!!!

 

The courts have asked for documents to be served by 3rd February - I take it this will be my 'court bundle'????

 

I'm contemplating sending this letter to Woolwich, as I felt if they know I'm prepared for the hearing, this may push them into a full settlement.

 

Please let me know what you think, as I've told them I expect them to include a break down of their costs relating to these charges.

 

I am writing to advise what documents as claimiant I intent to rely on in the hearing of this claim and in return would appreciate a list that you will be submitting.

 

a) Claimant/Defendant correspondence letters.

b) Statement of Charges

c) Latest Schedule of Charges

d) Relavant Case Law Summary

e) Early Day Motion from the house of Parliament.

f) Dunlop v New Garage

g) UTCCR 1999

h) UCTA 1977

i) Soga1982

j) OFT Statements Summary

k) The united kingdom parliament (select committee on treasury second report)

l) Court correspondence letters

m) Media support information reports on bank charges.

 

Please inform me of any documents Woolwich/Barclays wish to rely on in court. I would expect this to include a full breakdown of costs incurred by Woolwich/Barclays for the breaches of contract which attracted the penalty charges as detailed on my schedule.

 

Yours faithfully

 

ANOTHER QUESTION. Should the OFT's statement be included as this relates to Credit Card Companies and not banks (yet)??

 

 

See Ya...xxx

[Don4071]

Hello

 

Received letter from B'clays today offering full amount - charges, costs and statutory interest!!

 

Even though they disagree with my 'legal analysis' and 'without admission of liability' And they find £3,585.83 'relatively modest, and not cost effective for either party to take this matter to trial'! The bloomin' check - that amount of money is not 'relatively modest' to me.

 

Anyhow, I've had my rant now but would like to say thanks to all on this site - and donation en route upon receipt of funds.

[paddym]

well done don spend it wisely !