Brooksdad v Woolwich

[hughes690]

HI TO ALL: Great advice you all offer - hope you can to me.

Not having any detail (other than account no) of closed Woolwich a/c, I sent DPA request on 12/12/06. Received acknowlegment with my £10 cheque returned to me on 19 Dec 06 saying in course of preparation. My question: Is 12 Dec the start date of my claim or the date on which I receive the data from them?

I ask this because Jan 2001 (six years ago) was when most charges were levied against a/c (£3000-odd) HELP!

[hughes690]

Can someone please advise? Somewhat concerned!

[e28bigalbexley]

Hi Brooksdad

When you sent DPA SAR did you use the template in the libary and fill it in as directed, 1/1/07-1/1/01 if you did nothing to worry about if you didnt it can be amended,so dont panic, send off one a week if you want:D

 

Keep us informed, and please stay calm:)

 

AL;)

[hughes690]

HI BIG AL: Hello and thanks. I used template letter and followed instructions from 'MoneyExpert.com' site. I presume it is the same?

Will this action suffice?

[hughes690]

Can anyone confirm my action OK?

[Michael Browne]

The 6 years go from when you first became aware of the unlawful charges and contacted the bank about them ie the DPA request, not from the date of filing your claim

[hughes690]

Thanks Michael: Just to confirm, 12 Dec 06 (see earlier post),

the date of DPA letter? Most charges against a/c

were in Jan 2001. Please further advise.

I'm so near the 6-year limit and really need reassurance.

[Michael Browne]

Ok, i've just looked at MSE DPA request and the CAG one is a little more explicit as regards this, since it includes this paragraph:

 

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

That said though, as far as I'm aware only Natwest routinely dispute charges made beyond the 6 years from the date of filing at court rather than the DPA letter, but invariably pay up when challenged and quoting s32 of the Limitation Act.

[hughes690]

Thanks, again. Starting to feel a little more confident. Will keep in touch after receipt of data. Watching out daily for postie!

[hughes690]

HELLO - Just had a horrible thought: Should I have sent DPA request and £10.00, or other notification, to DCA as well as DPA to Woolwich?

Would appreciate further advice.

[Michael Browne]

other notification, to DCA as well

Where did they pop up from? A few details might help.

[hughes690]

OH Dear: Woolwich closed a/c and passed/sold debt to dca several years ago. Have been paying monthly instalments since x £30.00 pm. Where di I stand?? I ask: should I make claim there too? Is claim all against Woolwich?

[e28bigalbexley]

Hi Hughues

 

Sorry if you spend a little time and fully outline your story we can help as it gets a bit confusing, and you need to relax, dont panic.

Now, yes DPA SAR should be sent with £10 (which the woolwich return) DCA i would send a DPA SAR to them as well to find out what info they have ie state of the account. You could also ask for deed of assignment they need this from the Bank as they have brought the debt i will get the relevent template for you.

In the meantime please try to deal with my first paragraph.

And Chill

 

AL;)

[hughes690]

Thanks BigAl - Having had Woolwich a/c for MANY years, I was made redundant in 1997. Illness then took over my life and things then deterioted financially. In late 2000 and particularly Jan 2001 with a/c overdrawn, cheques, DDs etc charges raised by woolwich snowballed. Living on sickness benefit, funds were not adequate to return a/c into credit. The problem snowballed out of proportion. I opened another a/c with another bank (I have had no problem at any time with this new a/c.which is funded weekly and has cheque book and Debit card - with OD facility).

 

Several years ago I had contact from DCA and had to make arrangement to pay off several thousand pounds (mostly bank charges) initially £20.00 and lately £30.00 pm. They continue to hound regularly to increase payments.

 

I remember a letter last year (2006) from DCA stating they had bought debt. I continue payments to them (£30.00pm).

 

I should also say Woolwich personal loan (which I couldn't repay) I ceased to fund at same time as current a/c. This is also in the same DCA hands (included in £30.00pm payment)

 

Oh dear! What a mess! My wife and I are pensioners (with our own home, paid for) but without much extra funds. We also receive Pen Cr. and Housing benefit.

 

Please further advise

[hughes690]

AL: Need to add - I sent woolwich DPA request, template MSE site, 12/12/06 (ack by them 19/12/06) I await data. They returned £10.00 fee. Second letter they say response by 30/01/07.

[e28bigalbexley]

Ok

I will get someone to have a look at your thread I dare say that nice man Mr Browne will help out too.

Who is the DCA

Try not to worry too much everything will be ok it might take a little time but we will get there, Promise:)

 

If you have already sent a S.A.R - (Subject Access Request) then your time limit is safe (although i believe you can claim back beyond that).

The next move i would sugest is to write to the DCA and tell them that the account is now in dispute due to penalties levied on the account by the bank. This will formally notify them of a dispute.

Have aread round the forum and see what happens also i think in the General forum there is a thread on, I'll find it.

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

 

 

 

AL:)

[hughes690]

Will write, as you suggest, to DCA (Equidebt, tho I deal and pay them via Heatons) who are, I think, solicitors at same address in Warks. Thanks. Having a large brandy just now! I raise my glass to all.

[e28bigalbexley]

Enjoy

[tamadus]

Hi Hughes,

 

Al asked me to take a look at your thread,

 

Firstly don't panic, The statute of limitations allows 6 years from when you became aware of the problem. You have made your SAR so you should receive details back to Dec 2001 and can subsequently claim back to then. I'd be very surprised if they query a couply of months but if they do we just quote sec 36 of the limitations act to them. Thye will have to go into court to dispute it and I doubt they will do that.

 

Please don't mix info between this site and moneyexpert the sites both take a slightly different approach and mixing the 2 could create confusion.

 

It's basically now a case of waiting for the SAR data to come back with regard to Woolwich.

 

The DCA we deal with slightly differently, write to them requesting a copy of the credit agreements along with copies of the deed of assignments for both accounts. This is under sec 77(1) of the Consumer Credit Act. A £1 fee should be enclosed and they have 12 days from receipt to respond, after which they are in default and it becomes unenforceable without a court, after another month they commit a criminal offence. Template letters are available. Notify them that both accounts are now in dispute and any attempt at enforcing them will be raised in any subsequent court action. That should keep them quiet for a short while

 

I thought I saw mention of the DCA as being Equidebt but can't find it now, This is interesting as I have only this week been shown a demand from them by somebody else. Enquiries are now being made concerning them. I'll do some checking up on them as I don't recall them on my list.

 

One last thing Hughes, Dont let them panic you. this whole thing now is being done in a timescale YOU choose not them. If you give them 14 days then they get 14 days not 3 weeks to respond. One thing this site does after years of the banks and DCA's making demands of us is it puts the shoe clearly on the other foot. We are now making demands from them, and we have the law on our side.

[tamadus]

company details for Equidebt who are a trading company:

 

Name & Registered Office:

EQUIDEBT LIMITED

EQUITY HOUSE

ETTINGTON ROAD

WELLESBOURNE

WARWICKSHIRE CV35 9GA

Company No. 02686796

 

Registered number with the ICO Z5650973

 

They actually seem to be fully registered for a change

[hughes690]

HI TAMADUS: Can you point me in direction of suggested DCA template letters? Although DCA is Equidebt (at first contact by them I disputed the debt but got nowhere). Letters from solicitors (Heatons), at same address, I then decided a repayment schedule (some years ago now). Can you explore the connection? I have always dealt and paid Heaton.

[tamadus]

use something along these lines:

 

I do not acknowledge this alleged debt.

 

I hereby formally request true copies of the signed agreement referring to the above account number. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 cheque in payment of the statutory fee.

In addition please supply a true copy of the deed of assignment

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

In the meantime please be aware that I consider this matter to be “in dispute”.

 

Yours faithfully

 

 

[hughes690]

Suggested I write to DCA requesting copy of credit agreements along with copies of deeds of assignment. Where can I find template letters for this action? I wish to notify DCA both my a/cs are in dispute. Anyone help?

 

OK. Sorry just found info from Tamadus!

[tamadus]

[hughes690]

I have just prepared my letter to DCA (Equidebt). Need reassurance to send. Can I have a shove, pse? Was suggested to me thay I may be able to claim charges beyond Dec 2000 (my 6-year limit date). Further checked my diary for all 2000 and have recorded charges totalling £853.50. I have no statements for this period. Can I request copies from Woolwich? This makes a grand total of £5247.00 in illegal charges against account. On 14 Nov 2001 Equidebt made contact (I then said I did not agree debt (on phone) and by letter. Was frightened by them into making repayment schedule starting 21 Nov 2001 (£20.00pm.) This along the line has been increased to £30.00pm with much agro. They continue to want payments further increased. Equidebt have since bought both a/cs. One is closed Woolwich current a/c; the second is Woolwich personal loan a/c.

 

Would really appreciate further guidance.