Brooksdad v Woolwich

[hughes690]

All (still) quiet!

[welshcakes]

Well I say go for it if the settlement agreement you signed stipulated it was only in respect of certain listed charges/charges within a certain period etc.

 

Where it was a generic acceptance to the account charges in general, you stand little chance of success.

 

I have started a similar 'follow-up' action against The Woolwich for the same account.

 

I accepted their F&F 'goodwill' settlemet for specific charges as detailed in their own list of charges sent in response to my LBA - their list was incomplete and I knew it. Since it was only £200 off the full amount, I chose to accept it with the intention of addressing the other charges (those not included in their list) with an entirely new claim.

 

I sent my own acceptance letter that was worded:

 

"Dear Sirs

 

Thank you for your letter of settlement dated xx/xx/xx singed off by Neil Anderson.

I accept your offer of £xxxx as Full and Final settlement of the charges levied against the above account between xxth xxxx 2001 and xxxst xxx 2004 as confirmed in the transaction list send by The Woolwich, a copy of which is enclosed.

Upon receipt of the cheque or transfer of the funds into my present account, details of which are shown below, I will notify the court that this claim has been settled in full and that no further action is required.

I trust this concludes this dispute to the satisfaction of both parties.

 

Yours sincerely"

 

As far as I'm concerned I have made a clear acceptance only for specific charges. There is no ambiguity as far as I am concerned and if the bank chose to misread the acceptance as emcompassing all outstanding charges, then that's their problem.

 

I have now approached them regarding other charges (not the same ones) and am making reasonable efforts without resorting to court.

 

In your post above #162, you say "I was further advised by Barclay to tender a further claim for balance."

 

Regardless of whether this was verbal or in writing, you should use this to demonstrate that at the time of agreeing the parital settlement, the Defendants catergorically stated that this did not affect any further claim and that they were at that point in agreement that a further claim was acknowledged as due.

[hughes690]

THANKS, WELSHCAKES.

 

I find what you say encouraging and confirm your thoughts of my present situation are correct.

 

According to Northern Ireland Small Claims website Barclays have until 13 September as a 'reply by' date.

 

There is no hearing date set yet.

[welshcakes]

I appreciate and understand why opinions are differing in respect of whether you have a valid follow up claim however the argument I have prepared in response to any potential suggestion that I have abused the process by splitting the claim is that I did not elect to split the claim, the bank did so and by their own volition.

 

Where the bank offered a goodwill settlement specifically and only in relation to an itemised portion of the charges made against the account, then you have legitimately and reasonably addressed their offer by agreeing to dispense with these particular charges (by way of accepting an offer that they freely proposed).

 

The bank, by making an offer knowingly addressing only a sectional period of the account life, have themselves effectively split the dispute so they cannot now argue that such a split is discriminatory or prejudicial to their Defence.

 

If someone borrowed my lawnmower and my hedge trimmer, if they freely agree to return my flymo, it in no way lessens or negates the legitimate action that I subsequently have a right to take in order to address the matter of the outstanding trimmer.

[hughes690]

An Update:

 

Looked in Northern Ireland Small Claims Court today for info re my claim against Woolwich and found the following info-

 

28 Sept 07 - Notice of Dispute.

02 Oct 07 - Transfer (Civil) Case.

 

No date set for hearing.

[hughes690]

WHAT'S ALL THIS THEN???

 

Letter arrived from 'Highland Associates' Surbiton, Surrey, yesterday stating 'their clients' (Equidebt Limited) has authorised a 50% discount, if paid before 28 Feb 08, on debt I do not acknowledge (see earlier posts on this thread). It is signed by Phill Moore. The 'Highland' letter was contained in envelope carrying Equidebt address Ettington Road, Wellesbourne, Warks. See also posts 120, 123, 124 this thread.

 

If this debt is not recognised or acknowledged by me (with Equidebt). How come this latest harrassment by another DCA?

 

I have decided for now, to file, but ignore, this letter until possible future contact from them (or their clients, Equidebt).

 

According to my records (and posts on this thread) Equidebt never supplied true copies of signed agreements or true copy of deed of assignment. I gave them notice by letter dated 27 Feb 07 that they were in default and notice they were committing criminal offence in not complying. I also informed them the matter to be 'in dispute.' No payments have been made to Equidebt since Feb 07.

 

It should be noted that Woolwich recently settled (out of Court - see Post 162) and further Small Claims Court case is 'on hold' pending outcome of Test Case.

 

Comments would be appreciated.

[Michael Browne]

I have decided for now, to file, but ignore, this letter until possible future contact from them (or their clients, Equidebt).

 

Yes wait for the letter offering 100% discount

[hughes690]

Good thinking. Will do, too.

[hughes690]

After some days of further consideration I decided to respond to letter from Highland Associates. Why ignore threat from DCA made by inducement to pay fifty percent of a disputed debt?

 

A few of the points made:

I do not acknowledge this debt;

Account in dispute;

Proceedings have been issued;

I require Highland Associates (another name fo ECI and

Equidebt) to confirm within seven days they no longer act on behalf

of Equidebt who are in default and have committed offence under

CCA1974 in not supplying requested information (14 Jan 07).

 

Letter sent Registered Post.

 

PS - No payments have been made to Equidebt since Feb 07.

 

Comments welcome.

 

[hughes690]

Lo and Behold - a reply from Highland Associates:

 

''We confirm receipt of your recent communication . . . of which we have noted its contents.

 

''Please be advised we have withdrawn this account and returned the file back to our clients.

 

''We will therefore not be taking any further action in relation to this matter.''

 

I wonder will the next letter be another inducement to pay from ECI or Equidebt or one of settlement by Barclay???

 

[hughes690]

Yawn!

[hughes690]

I DON'T BELIEVE IT!!

 

Just received a request for immediate payment from

 

ECI!!!!!!!!

 

after ALL my correspondence!!

 

I'll enjoy writing MY reply.

 

[hughes690]

Haven't done my ECI reply yet - But guess what:-

 

A MISSED CALL ON MOBILE FROM WHO?

 

EQUIDEBT!!

 

 

 

I WONDER WHAT THEY WANT?

 

 

:cool:

[hughes690]

On my BT landline rang 1571 and found:

 

Message from Equidebt

Message from Equidebt

Message from Equidebt (at 0810am) to ring free number

 

Might await some more correspondence - certainly won't be ringing!!

 

Would appreciate comment(s)

 

Presently on Easter Hol so not available, anyway, to answer calls!!

 

[hughes690]

A Call on Mobile - from Equidebt - I refused to answer 'Security questions' and refused any discussion - but said correspondence ONLY.

 

I await that (if any) correspondence!

 

[hughes690]

DCAs hate it when you don't coverse on phone.

 

BUT - I hate DCAs!

 

Don't you, too?

 

;-)

[hughes690]

THREE further letters fron ECI - Don't they read mail you send?

 

Sent another response - Recorded Delivery.

 

Telephone call from ECI - rejected call (Politely!)

 

I am frustrated!

 

[hughes690]

:mad:

 

Another letter from DCA Equidebt yesterday offering inducement to settle.

 

They will accept a one-fifth payment of the total to settle - if paid before 30 Apr 2008!

 

I am ignoring this.

 

Letter today from Collection Agency ECI, aka Equidebt (they have not responded yet, tho, to my Recorded Delivery letter of last week) - they were given seven days to respond!

 

Another letter from ECI asking why I am ignoring their letters!

 

Telephone call from ECI today. I politely refused the call!

 

:rolleyes:

[hughes690]

Today's Mail arrived:

 

A DEMAND for payment from DCA Robinson, Way & Co, 1 McKeown Street, Lisburn, Co Antrim - I think the fourth or fifth different DCA.

 

All previous demands (see earlier Posts) were English-based DCAs. Now it has moved to DCA in Northern Ireland!

 

This DEMAND is for original full amount - (Woolwich have already made a £2980 PART SETTLEMENT payment) - Second Small Claims Court claim pending OFT ruling - how come DCAs still request original full amount?

 

This latest Irish DCA demand threatens 'NOTICE OF HOME VISIT' by 'LOCAL' DCA BEFORE COURT ACTION!!!

 

I'm quaking in my shoes!

 

Their offer is for a 'Special Settlement Figure'!! to close account.

 

Helpful comment would be welcome.

 

[tbern123]

This DEMAND is for original full amount - (Woolwich have already made a £2980 PART SETTLEMENT payment) - Second Small Claims Court claim pending OFT ruling - how come DCAs still request original full amount?/quote]

 

Hello,

 

I am guessing that as the settlement payment was made to you and not to the DCA or credited to a Woolwich account (if still open) thus used to reduce the debt, the amount outstanding is still the full amount.

 

I.e you owe £5k (inc £2k charges)

 

They refund £2k charges to you, you still owe £5k. The only way for the amount outstanding to be reduced is if a payment is made directly towards the debt.

[hughes690]

You may be right - you may be wrong!

 

What is the point of chasing the repayment of Unfair bank charges by Woolwich (now Barclays) when upon repayment of those charges by Barclays it does NOT reduce the initial Unfair bank charges amount?

 

Are you suggesting that I should have GIVEN my repayment to the first Dca who came along requesting full payment of original debt - created by unfair bank charges by Woolwich - or split it up between the four or five or six other DCAs who are actively requesting FULL repayment of those Unfair charges-created debt ?

 

I requested Barclays NOT to send me Cheque payment last Jun (07) at Part Settlement stage but to reduce account debt by the amount agreed. They didn't. (Wonder was this because the account with Woolwich had been already CLOSED - and SOLD ON) for the benefit of third/fourth/fifth/sixth party?

 

That doesn't make sense to me!

 

I am somewhat disturbed now and I fail to see the purpose of this whole exercise in reclaiming unfair charges when, at the end of the day, you owe a DCA the original debt created by those unfair charges - even tho the bank have made refund.

 

I am surprised at the logic in your Post.

 

I would like some further clarification!

 

Comments welcome.

 

[tbern123]

I am not going to get in to a debate about DCA's and Unfair Charges.

 

I am wanted to answer your question in relation to why the DCA are still chasing the original amount.

 

The easiest way to explain it is this:

 

Debt £5,000 (Charges £2,000)

 

Woolwich / Barclays pay you £2,000 and reduce the debt by £2,000

 

You would by default have had the benefit of £4,000 instead of the £2,000.

 

If Woolwich / Barclays were to pay you and reduce the outstanding debt you would have had to bites of the same apple so to speak

[hughes690]

What about this then:

 

Debt £5000 - Unfair Charges £5000 - part repaymen £3000 (inc interest) - STILL OWE DCA £5000!

 

Can't still see your logic.

 

Are you suggesting I pay one of SIX DCAs £5000?

 

I still need further clarification on what appears to be a useless exercise according to you!

 

Why bother??

[tbern123]

If you owed £5,000 this means that you have not actually paid that amount (I am not making a judgement as I have been in the same situation)

 

So by paying you £3,000 as a refund, they are refunding you something that you did not pay in the first place.

 

As you did not pay £3,000 of the £5,000 of the debt it can't be reduced by another payment to you.

[Michael Browne]

I requested Barclays NOT to send me Cheque payment last Jun (07) at Part Settlement stage but to reduce account debt by the amount agreed.

If Barclays had used this to reduce the debt then by now you would only owe £2000. What happened to the cheque for £3000?