Brooksdad v Woolwich

[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

[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

 

 

[tamadus]

[tamadus]

Have now prepard my letter - Preliminary approach for Repayment - I am about to send to Woolwich. My claim: £4603.50 (their returned figure to me) plus period not disclosed within 6-year limit, £570.90 more - total £5174.40, plus £315 (known) charged in overdraft interest - Total £5489.40. What is 'schedule of charges' to accompany my claim, outside what is in my letter. Is this a copy of charges list furnished by Woolwich or my personal diary of recorded charges?

Would love some further guidance before sending my claim.

Still haven't sent my letter to DCA. Should I do so at same time? All ready to go!!

 

PLEASE OFFER ADVICE - ASAP.

 

As Michael has said the schedule of charges is just a list of the type of charge, date and amount. If you run it through the spreadsheet it will calculate how much extra interest has been accrued due solely to the charges.

 

once you have the schedule SEND it along with your prelim letter of claim. It sounds like they are already acknowledging most of it

 

Give them 14 days in your prelim and if they dont respond fully don't waste time but send the LBA immediately the 14 days is up.

 

Dont forget to put in the prelim that the default was registred as a result of the unlawful charges and should be removed as part of your claim.

[tamadus]

If they have gone over the 12 working days then any agreement is now unenfoirceable until such time as they provide it.

 

I'd just send them a letter quoting the relevent section and reminding them that they have so long left before they commit an offence. Pretty much what Al has said. You want section 77 for a fixed sum loan and 78 for a credit card.

 

Consumer Credit Act 1974

[tamadus]

your claim for charges is no different to normal so just go ahead and issue when the LBA expires.

 

In your letter include that pursuant to sec 77/78 of the CCA that as they have failed to respond with 12 working days that any alleged agreement is unenforceable and that after a further month they commit an offence which will be reported to the appropriate enforcement authority.

 

email it to me before sending and I'll take a look at it for you.

 

Personally I would ignore the DCA to a great extent. I regard them as somebody to have a bit of fun with while I carry on with the real work

[tamadus]

Woolwich escalate every claim up to Barclays so that's normal.

 

I'd ignore their timescale and stick rigidly to your own.So 14 days after the LBA fiel on MCOL.

[tamadus]

Sorry for not popping in earlier Hughesy but I am trying to get everything ready for an appointment with a judge on Monday.

 

DCA's do tend to pass these thigns around so just write to the new crowd and tell them that Equidebt have failed to respond to a sec 77/78 request under the CCA and that they have now committed a criminal offence. ANY attempt to enforce the alleged agreement also constitutes an offence so you advise them not to become involved.

 

BigAl seems to be advising you well

[tamadus]

Just browsing various threads today and came across 'Is Your Bank Taking Your Benefits?' as unfair charges.

 

Beyond the 6-year claim-back limit, Woolwich (prior to my current action against them), for many years left me penniless (and my wife) in their taking my Incapacity Benefit and Income Support as penalty charges.

 

What action (in the absence, now, of any records or Statements) can I take to determine those charges prior to 12 December 2000 and request also those illegal charges be ALSO refunded?

 

Advice would be appreciated.

 

 

I think the only way is an estimated claim and to come up with an excellelent reason why the statute of limitations shouldnt apply

 

Unless of course this was a mortgage where a 12 year rule applies instead of 6 years.

[tamadus]

Fantastic news Hughes, it took a while but you got there in the end.

 

Any idea when they are sending the cheque? Whatever you do dont tell the court its settled until that cheque is banked and cleared.

 

I'd then simply write to whoever agreed the settlement with you and advised to claim for the balance with a prelim letter quoting them and saying you fully expect them to settle the balance immediately or will have no hesitation in submitting another court claim.