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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Field v Woolwich


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Charges are calculated at £4800. Sent letter to Woolwich asking for repayment. Letter received saying that they had received my complaint and I would hear their full response by Oct 11th which is past the 14 days given in my letter.

 

Should I give them the extra time ?

 

My feeling is yes but would like to know what others think.

 

Also other charges have been applied since total sent. Should I ignore these or add them on when they make a paltry offer of payment ?

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It's your case and your deadlines; you're under no obligation to let them set the timescale. Your preliminary letter gives them 14 days - send out the LBA on day 15. The LBA gives them 14 days - issue proceedings on day 15.

 

Just my opinion of course, but I can't imagine you want to wait a day longer than you have to for your dosh!!

 

All the best!

If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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Also other charges have been applied since total sent. Should I ignore these or add them on when they make a paltry offer of payment ?

 

You should and can add them up until the point of issuing MCOL. Noticing your total though you can't go over the 5K threshold. I assume the total of £4,800 was before interest?:)

 

And yes pls ignore when they say they'll be bothered to get back to you. They are trying to assume control and its you in the driving seat, i.e the claimant.

 

Keep us informed!

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Have now received a letter saying that my complaint has been sent from Woolwich Telephony to Barclays Customer Relations. This came through on the 26th which is 15 days after my initial request for payment.

 

It doesn't say directly when they will get back to me but I am presuming that will be their previous date of 11th October.

 

I am now at the position where I think the LBA is required. Can someone confirm this ?

 

Many thanks.

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most important part of this process is your setting them deadlines which a company as large as theirs with dedicated staff and departments should have no trouble dealing with. a judge will see youve given them ample time to comply with your requests ! YOU SET THE TIMESCALES NOT THEM carry on to your agenda NOT THEIRS ! good luck !

if my advice has been of any help to you then please click the scales ! Thank you :D

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Reply to LBA received today saying how sorry they are that I'm not happy and....

 

"May I take this opportunity to explain that whilst we will endeavor to respond to you within timescale outlined in your letter, we cannot guaruntee that we will do so. Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or update on our progress will be sent to you within eight weeks."

 

I am fully expecting to be filling in an MCOL in two weeks time.

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New letter arrived today from Jayne Ballard who is Barclays Customer Relations Manager saying.

 

I apologise for the delay in providing you with a full response to your complaint and thank you for your patience whilst we continue our investigation. Unfortunately we remain unable to respond fully to your concerns at present. However, we will contact you again as soon as possible, and certainly no later than 7th November.

 

Looks like the MCOL will be going ahead next Tuesday as expected !

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they really do try it on eh! i have had 11 such letters saying how sorry they are that im upset and how they have passed it on to barclays to deal with, they are still getting optomistic with the dates, 8 weeks my eye! im stickign to my wschedule, they have dedicated people to deal with this, all they need to do is look at your charges and think "oh we cant charge that cos its unlawfull and totall erroneous!" then pay you back dunt take 8 weeks!

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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  • 2 weeks later...
  • 3 weeks later...

Firstly if you are in reciept of JSA (not sure if it applies to income based or contribuation based) you can file at the court via exemption see downloadable EX160 form (I will link it to you if you need it)

 

Assuming you are saying 'no deal' to the offer you need to send a rejection template (can link that as well if you want) but you won't be able to keep the £2000 and pursue the rest.

 

Up to you Field,

 

HTH T

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if you accept £2000 as an interim payment and pursue them through the courts they will withdraw their offer as its a goodwill gesture ! £2900 is a lot of money to drop i personally would ho;d out for the total return of all MY money !

if my advice has been of any help to you then please click the scales ! Thank you :D

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As my other half is very nervous about all this, I'm going to open another bank account in case the Woolwich get nasty.

 

I have one other question and that is:

 

In all of my correspondance with the Woolwich I have quoted both of my accounts with them and listed the charges for each in the same letters, although I have detailed which charges were for each account.

 

If I do MCOL now for both accounts and add the 8% interest, the total will go over £5000 small claims limit and I want to keep inside this.

 

Can I do separate MCOL's for each account at this stage so that I can add the 8% ?

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I posted this earlier, but I think it might have got lost when my next post went onto another page ......

 

As my other half is very nervous about all this, I'm going to open another bank account in case the Woolwich get nasty.

 

I have one other question and that is:

 

In all of my correspondance with the Woolwich I have quoted both of my accounts with them and listed the charges for each in the same letters, although I have detailed which charges were for each account.

 

If I do MCOL now for both accounts and add the 8% interest, the total will go over £5000 small claims limit and I want to keep inside this.

 

Can I do separate MCOL's for each account at this stage so that I can add the 8% ?

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I think to do it that way you have to seperate them do 1 claim wait until its settled before you can go ahead with the other or they will merge them or they can apply for a strike out on grounds of abuse of the court process ! check with zootscoop on the legalities in case im wrong !

if my advice has been of any help to you then please click the scales ! Thank you :D

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