jster v woolwich

[e28bigalbexley]

Hi jster

Have a read of these just to familiarize yourself with them.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html

 

I dont think you will need the last one, but the others are pretty straight forward, so not to many probs there hopefully. If not try here first http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9

 

 

 

AL

[silentnight]

Good Luck with all of this, watching you with keen interest as I am a few weeks behind you and getting just as nervous/excited etc. Fingers crossed for a really speedy happy conclusion.

[jster$$$]

hi again

 

I have received a copy of woolwich defence today. thought i would type it out for all to see. i think it may have had a bit face lift.

 

Defence

 

1. the particulars of claim do not provide details or particulars of the precise charges alleged to be unlawful.

 

2. the defentant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and conditions. the charges constitute payments the claimant agreed to make by reason of the terms and conditions of her account and were consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. the defandant was entitled to impose such charges and interest when the claimant incurred the overdraft. the claimant accepted the same when the account was opened.

 

3. the standard terms and conditions included (in particular but without limitation) the following terms and conditions (which are summarised):

a. the defendant's right to charge administrative costs if any cheque, standing order or direct debit cannot be paid because of lack of cleared funds in the account - £30 per item (previously £27.50).

b. the defendant's right to charge administrative costs if the defendant was compelled to pay any item which caused the account to bo overdrawn - £30 per item (previously £27.50)

c. the defendant's right to charge unauthorised overdraft fees - £3 per day.

d. the defendant's entitlement to refuse any debit transaction or debit card transaction where there were insufficient cleared funds in the account and to debit from the claimant's account any charges, interest or other money which becamepayable by the claimant to the defendant in relation to the account.

e. the defendant's entitlement, if the claimant went overdrawn without an overdraft limit or exceeded her overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

f. the defendant's entitlement, if a cheque or other item paid to the account was returned unpaid, to debit the account with the amount of that item together with any interest paid by the defenant on it.

 

4. the defendant's standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the claimant exceeds her overdraft limit).

 

5. if and to the extent it is the claimant's case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimant's account constitutes a liquidated damages clause, the same is denied. paragraph 3 above is repeated.

 

6. the claimant is required to prove the charges set out therein.

 

7.it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the fact set out above. further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair (contracts) terms act 1977, or are unreasonable within the meaning of s.15 of the supply of goods and services act 1982 (or indeed any other provision).

 

8. therefore, it is denied that the charges were unlawfully debited from the account.

 

9. if and to the extent the claimant incurred charges on her account, this was caused by the claimant having gone into overdraft without having agreed with the defendant to increase the overdraft facility and / or her failure to make payments to bring the balance of the account back into credit or back within the authorised overdraft limit.

 

10. it is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

 

11. the defendant denies that it is liable to the claimant for the sums claimed and interest as pleaded or at all.

 

12. in the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the claimant or at all, the defendant has monetheless surrfered loss and damage as a consequence of the claimant's breach of contract in allowing the account to go into unauthorised overdraft. accordingly, in the event that the defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 3 to 5 and 11 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

 

13. the defendant denied that it is liable to the claimant for the sums claimed and interest as pleaded by the claimant or at all.

Barclays Bank PLC

 

any thoughts, comments or suggestions?

[jster$$$]

would like to add

 

i received Notice of Transfer of Proceedings

 

on the front page it states

 

the claim has been transferred to the court covering the area where the defendant live or carries on business. (the defendant has been crossed out and they wrote claimant)

 

then it states

 

please read the accompanyind documents carefully and note the allocation questionaire should be returned to the portsmouth couty court. (they have crossed out "and note the allocation questionaire should be returned to the portsmouth county court")

 

there is no AQ included. will this come direct from portsmouth county court?

 

so sorry if i seem thick but i was under the impression the AQ comes with the defence.

[Michael Browne]

MCOL are dispensing with Aq's as standard now see here:

Is your court dispensing with the Allocation Questionnaire?

[jster$$$]

do i send to my local court or northampton cc?

[Michael Browne]

Local court,presumably Portsmouth.

[jster$$$]

many thanks michael. you have been a great help.

[jster$$$]

another probably silly question.

 

I cant do anything now (can i?) i have to wait for the AQ from my local court??? and then i can add the "New strategy for Allocation Questionaires" bits)

 

on the letter i received today it says -

 

before district judge murdoch

 

sitting at northampton county court

 

without hearing

 

IT IS ORDERED THAT:-

 

1. the filling of an allocation questionaire be dispensed with in this case unless the distict judge at the court of transfer orders otherwise.**

 

note: any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. such party must apply under rule 23.3 within 14 days of serice of this order.

 

** please note that an AQ fee may be payable in this instance. please contact the court of transfer for further datails.

 

i know i'm not clicking with something here. i read "New strategy for Allocation Questionaires" and it seem i have to attach it to AQ.

 

also when i requested my statements i received a list of charges so i don't have all my statements (missing about 6 of them).

 

i think i'm in over my head and all i have been doing is reading this site every day since i joined. i thought i understood every step i was going to take.

[jster$$$]

should i send this to barclays? (thanks to lateralus)

 

 

Adrian St John

Legal and Compliance

Level 29

One Churchill Place

London

E14 5HP

 

Re: Jster$$$ - v – Barclays Bank t/a The Woolwich

account no, XXXXXXX

claim no XXXXXXX and filing date 28/02/07

It has come to my attention that as of 03/04/07, that an Allocation Questionnaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (Shall I add the charges which I have incurred since file my claim?) I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you. (should I send schedule with charges received since filing my claim?)

 

Sincerely,

[e28bigalbexley]

should i send this to barclays? (thanks to lateralus)

 

 

Adrian St John

Legal and Compliance

Level 29

One Churchill Place

London

E14 5HP

 

Re: Jster$$$ - v – Barclays Bank t/a The Woolwich

account no, XXXXXXX

claim no XXXXXXX and filing date 28/02/07

 

It has come to my attention that as of 03/04/07, that an Allocation Questionnaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (Shall I add the charges which I have incurred since file my claim?) YES

I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you. (should I send schedule with charges received since filing my claim?) Yes

 

Sincerely,

 

Im sure the letter would'nt hurt. And im sure Michael will answer your previous query over the weekend re the allocation questionaire.

 

Dont worry the courts now fully understand the banks are playing games and wasting time.

Enjoy the long weekend and the weather

 

AL;)

[Michael Browne]

i know i'm not clicking with something here. i read "New strategy for Allocation Questionaires" and it seem i have to attach it to AQ.

Yes, this would have been the case prior to the court dispensing with the AQ, but now with no AQ, there is no opportunity, seemingly, to propose the Draft Order.

 

However the suggestion is to still send this in the hope that it may be granted. It may well not be, but you've nothing to lose by doing so.

 

As for the letter to Barclays' that's fine, but you can't add new charges without amending youir claim (£35 fee- unreclaimable)

[jster$$$]

huge thanks to Michael and Al.

 

i think i will amend my claim it will be worth the £35! when is the last point i can do this? have been looking for answers re amending claim but cant seem to find anything. will carry on looking.

[jster$$$]

i am going to go the the court and amend my claim and also give them a copy "new strategy for allocation questionaire"

 

also i am going to send barclay/woowich the above letter with a copy of my most up to date schedule. (after i amend my claim of course!!!)

 

please advise if i am doing the correct thing.

 

thanks

[jster$$$]

one more thing. (hoping MB is around!!!)

 

in the new strategy for AQ i have to provide statements however when i requested my statements (way back when) i received a list of charges. i understand that this is the norm now. what is the correct way to proceed with getting my statements?

 

i'm going to submit my draft order for direction tomorrow with the court. don't want to do this if they following it through. (cant see the woolwich getting my statement to me within 14 days!!!)

[Michael Browne]

i received a list of charges. i understand that this is the norm now.

That will be fine, no need to obtain statements as well.

[jster$$$]

thanks MB

 

how are you not a MOD????? or there should be a.......is there anything better than platinum?

[jster$$$]

hi all

 

i thought i would add this to my thread.

 

about 3 or 4 days ago a came home to find a leaflet posted through my door saying "have you ever encounted charges from your bank then you are entitled to claim them back" etc etc etc "no win no fee."

 

couldn't believe it people cash in on anything and everything.

 

was very tempted to do a leaflet drop through their door with CAG info (but i'm sure they already know and use the info) and charge their customer for it!!!! . so maybe should print off leaflets and deliver to residents in the area

[jster$$$]

Hey all fighting the good fight!!!

 

Well its been a while since my last post but i have nothing new.

 

my claim was transfered to my local court on 03/04/07. As it has been over 4 weeks and i have heard nothing should i ring the court to find out whats what. i don't really want to hassle them as we all know they are snowed under!!! on the other hand i don't want to miss any opportunity.

 

any thoughts?

[jster$$$]

update

 

today i received "notice of allocation to the small claims track (hearing)"

 

i will type as it is typed!!

 

DEPUTY DISTRICT JUDGE MARSHLAND has considered the statements of the case and allocation questionnaires filed (i was never given AQ so never filed one!!) and allocated the claim to the small claims track.

 

List for preliminary hearing at 14:15 on 20 July 2007 time estimate 20 minutes to consider the further progress of this claim. If one party fails to attend without good reason, the claim may be disposed of on a final basis.

 

As this is just a preliminary hearing will they settle before this date or will i have to go and then wait for another hearing date and then they will settle????

 

getting worried now:eek:

[magpie3]

Hi jster,

Thought I'd follow up on your thread as I am likely to be in the same boat as you soon. I understand how you feel, every letter I send makes me nervous too. Good luck with the court you will win.

[jster$$$]

thanks magpie.

 

its funny how i have read and know everything that is going to happen yet i still feel nervous and have to check with others!!!!

 

i will keep an eye on your thread i help you as much as i can (if you need it). i know if it wasn't for this site i wouldn't have a single clue about what i should and shouldn't do.

[kippy2]

hi they will pay up (providing not a complicated case) two weeks before court date or there abouts.

you can try settling now but i doubt very much they will entertain the idea. purely coz lots of others have imminent court dates before you.

[jster$$$]

thanks kippy

 

really puts my mind at rest so 8 weeks ish and counting:D

[jster$$$]

Has anyone seen any good letters that i could send to barclays. now i have a preliminary court date i wanted to let them know and ask if they would like to settle now.

 

I know there is very little chance they will settle but still nothing ventured and all that:) .

 

also when they do come to settle i have more charges which i incurred after filing MCOL so i never added to schedule as it would have meant waiting even longer is there any good para phrasing i could use so i wouldn't have to do a 2nd claim. although i would defo do 2nd claim if i had to.

 

has anyone had any extra charges given back at settlement time? would be interested to find out.

 

Jster