Field v Woolwich

[fieldpj]

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 ?

[pward33]

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!

[Thailand]

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!

[fieldpj]

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.

[Thailand]

It is required, no extra time for them. You are doing everything correctly and lawfully - something they have yet to understand!!

[paddym]

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 !

[fieldpj]

LBA sent to Woolwich. Added some charges that have been applied since original letter. Total is now £4,973.10.

[Thailand]

That's perfic:D

[fieldpj]

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.

[Thailand]

A full report or update on our progress will be sent to you within eight weeks".

 

Don't know what good that'll be since you'll

be suing the kecks off them by then.

[GSMGuy]

You'll prob get a letter offering approx 20% as a goodwill gesture in full and final settlement..... Usual Woolich up to now.... Keep at it, I'm counting down my 14 days to applying for a default judgement as we speak!!

 

Mike

[fieldpj]

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 !

[traceyrmj]

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!

[Thailand]

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

 

Great stuff:D

[fieldpj]

Hi,

I'm in the process of filinf my MCOL but am confused as to what the limit of my claim can be. I have seen many quotes on this forum that the max is £5000 but the MCOL says £100,000. What is the concencus on this one ?

[Thailand]

£100,000 is probably the maximum you can claim for across the board, although I could be corrected on that. Whatever the case 5K is the max on small claims (not set in stone, but...) Don't let that throw you, as long as your charges are less than 5K (interest can take you over) you have nothing to worry about.

[fieldpj]

Due to money concerns (being out of work) couldn't get the MCOL submitted when I expected to.

 

Received a letter offering £2000 today. Could anyone advise whether I could accept this as conditional to being paid the other £2900 that they would still owe me ?

[Thailand]

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

[paddym]

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 !

[fieldpj]

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% ?

[fieldpj]

Sorry, meant to ask something else as well.

 

If any charges have been applied since my last communication with the Woolwich, can I add these into the MCOL when it is submitted ?

 

Thanks.

[austenpowers]

Yes you can, but once MCOL is filed you cant add to the claim from then.

[fieldpj]

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% ?

[Thailand]

Thats a possibility - as you listed every charge that your disputing, I don't see why you can't claim - but something in the back of mind is saying they might merge them. I can't remember the circumstances in which the bank can attempt this??

[paddym]

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 !