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    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
    • External Affairs Secretary Angus Robertson calls for urgent action from Westminster over temporary visas.View the full article
    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
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Pt 2537 Vs The Woolwich


pt2537
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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

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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

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  • 2 months later...

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

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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.

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... 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!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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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

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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. ;)

Blueloobylou

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  • 4 weeks later...

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

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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.

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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

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  • 1 month later...

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

 

 

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  • 4 weeks later...

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

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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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

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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

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