Pt 2537 Vs The Woolwich

[pt2537]

Well here we go again.....

 

Already got Lloyds Tsb, Black horse finance, Barclays, GE capital on the go so i thought i may as well add the Woolwich to the list.

 

Sent the subject access resuest to the Woolwich this morning so i will have to wait the 40 days till i can work out how much money they have taken from me

 

regards

 

 

paul

[paddym]

keep on top of them they are starting to play silly buggers with other members sar !

[pt2537]

Hi paddym

 

 

Thats no problem. they owe me money so theres no chance of me letting them get away with it

 

i like a good battle and i dont give up so that should be interesting.

 

i will update this post as soon as i hear anything OR not as the case ,may be

 

regards

paul

[pt2537]

well the forty days well and truely expired on the 6ht march for the wollwich to supply my statements and no sign of them so i called them to find out why... to my amazement i was told they had not recieved the SAR so i pointed out that it was sent recorded delivery and i have proof via royalmail.com that they have recieved it. they said that while it had been recieved they have not been passed my SAR and the attitude they show was that it was my problem that they did not have my SAR. i pointed out that they are breaking the law but they were not bothered.

 

on the 6th march i sent the LBA for non compliance and on the 8th march i recieved the Dear sir we are sorry you have had to complain blah blah blah we will respond by the 5th april after investigating ( I THINK NOT)

 

so im now at the point where i am looking to issue a claim in the court to get my data. can anyone offer any advice on what to put for the particulars of claim etc on the N1 form

 

thanks

 

paul

[pt2537]

just got off the phone to the wollwich customer care, they said they are sending me the schedule of charges applied to my old account over the past 6 years. they were kind enough to tell me they had charged me 1233.00 in charges though. as soon as i get the schedule i will be sending the prelim letter asking for my money back.

[welshcakes]

... like they couldn't have just sent them out to you same day you phoned them previously! Ah well, hopefully they will see fit to send the schedule first class post!

[pt2537]

Hi Welshcakes,

 

i couldnt agree more. just seem to be delaying tactics that these institutions employ to make claiming as difficult as possible.

 

they did send the schedule 1st class post though. i got a letter detailing all the charges that had been levied against my account over the past 6 years,Happydays as i dont have to trawl through mountains of statements working out my charges.

 

the same day i got the schedule of charges i sent them a prelim letter asking for my money back total was 1233.00 .

 

today i got a response from the woolwich, the usual blah blah blah letter, we will reply to your complaint by the 23rd april blah blah blah signed by michele wallis (from what i can gather she signs all woolwich letters, must be aa very busy person).

 

i hope they dont think im gonna wait til then ,ive got news for them if they do. my prelim letter gives them till 5th april, then it will be a LBA on the 6th and by the 20th april i will be filling out the N1 form for court.

 

once i get a reply i will post the response on herre

 

regards

paul

[stevemcc]

woolwich have just entered defence on last day i have allocation questionaire n149 but not sure wat to say in part G othere information any ideas

[pt2537]

Hi Stevemcc

 

 

if you take a look here http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148 it should provide the answer your looking for

 

Regards

Paul

[Blueloobylou]

Hi Pt

 

The Woolwich did exactly the same thing to me! Sent the SAR Recorded Delivery. I received an offer of £1000 from them before I had even received the list of charges.

When I phoned them I was given the runaround between Woolwich and Barclays and was told they hadnt received my SAR. (I know they had as I had checked on Royal Mails website and saw it was delivered the day after I posted it). I told them that if they hadnt received my SAR, how come they had offered me £1000 then?

 

After a bit of shuffling about and being transferred to various people, they finally told me that the SAR had been passed to Barclays and the guy there told me how much they owed me and he would get my list of charges out in the post. I received them the next day.

 

I really think Wooly are just playing games. They were obviously hoping that I would just be over the moon with the £1000 offer, sign the acceptance and send it back without thinking. No chance, they owe me far more than that. When I phoned the woman at Barclays repeated about 3 times "This is your final offer".

 

Good luck with your claim - although you wont really need it.

[pt2537]

Hi

 

Can anyone help me, the woolwich defaulted me and my charges are twice what the amount of the default was. i have asked the woolwich to remove the default but they are refusing with the usual response " our charges are fair therefore the default stays as its your fault blah blah blah" i sent them a LBA on the 11th april and im stuck with what to write for the N1 form in the particulars of claim, im ok with the charges part but im unsure what to write for the removal of the default and all the templates focus on the charges element and there is nothing i can find that is a particular of claim for both default removal and reclaiming bank charges

 

any advice would be greatly recieved

 

thanks

 

paul

[marley2009]

here is the particulars of claim hun also have a look at this thread it will really help u

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

[pt2537]

Hi amandaardley

 

thanks for that but its the "removal of the default" part thats causing me probs, i was under the impression that as the woolwich refused to remove the default the placed on my account due to bank charges ( i asked them to take them out in the prelim and LBA ) i could include the removal of the default in with my court claim for the return of the bank charges. im not sure what to put on the N1 form for asking the court to consider forcing them to remove the default from my credit file as it was made up of unlawful charges

 

i hope this makes more sense

 

regards

 

paul

[pt2537]

any ideas anyone?

[pt2537]

well, i thought it was about time i updated this thread.....i filed the N1 on the 22nd April 2007

 

i recieved the barclays T/A the Woolwich standard defence yesterday along with the allocation questionnaire.

 

i have a question if anyone can help..

 

i have recently used teh draft order for directions from this site in my case against lloyds tsb and the judge in my case agreed and went a step further and ordered the bank to disclose proof of how much it costs to return a direct debit etc. my question is this, i am going to use the draft order again but can i also in the draft order refer to the order made by the D.J in my lloyds case by saying something like... Additionally, the Claimant is aware that the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Willesden and Mansfield County Courts. And in addition the requested directions have already been ordered by District Judge ****** in this very court and as a result the defendant in that case settled

i thought the piece in red would hopefully help any thoughts?

regards

paul

 

 

[pt2537]

*bump*

[pt2537]

OK, today i recieved my court date, set for the 12th october 2007 at 1030 am.

 

i have also had my directions today from the judge and it states....

 

by the 30th july 2007 all parties shall send or deliver to the other party and the court written statements which are signed and dated of all the evidence including thier own (and including any documents)which they intend to rely in at the hearing. No party shall be at liberty to give evidence or call any witness whose evidence has not been disclosed in this way without leave of the trial judge. all witnesses shall attend the final hearing unless it is agreed by all parties that their attendance is unnecessary. the District judge will review the file at teh expiration of the time allowed for the filing and serving of evidence and if any party is in default in complying with any of the directions given in the case,he or she will make such order as he or she thinks fit, including if appropriate stricking out the claim or any defence. this may include vacating the hearing

 

 

Can anyone help me out here. is the judge asking for me to send hte court bundle or is he just wanting a statement and if it is a statement he wants,can anyone offer me some help on where to get an appropriate statement for claims against the woolwich

 

thanks

 

paul

[saintly_1]

sounds like he is asking for the full bundle

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies

 

for statement of evidence use

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

post #34

 

Hope that helps

 

saint

[pt2537]

Thanks Saint

 

im fairly lucky that ive still got my other halfs bundle from barclays x3 copies so all i need to do is produce my own witness statement and insert my bank statement and im ready to go more or less

 

thanks for your help

 

regards

paul

[pt2537]

Well, the court bundle is done and will be in post to Barclays and delivered to the court personally tomorrow.

 

hopefully the case will be settled soon as the judge etteh court date as 12 october but ordered that barclays submit their bundle by 30th july and if they fail their defence will be struck out so hopefully they will decide to settle

 

i will update the thread when i hear something

 

regards

paul