Brooksdad v Woolwich

[Michael Browne]

One possibility may be filing a claim at the County Court local to their registered office, this works from Scotland but not sure if this applies to NI. See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/16987-scottish-claim-london-county.html?highlight=London+CC

[Michael Browne]

It seems The Civil Jurisdiction and Judgments Order 2001 applies to NI

 

The Civil Jurisdiction and Judgments Order 2001

Interpretation

1. - (1) In this Schedule -

 

"court", without more, includes a tribunal;

"judgment" has the meaning given by Article 32 of the Regulation;

"magistrates' court", in relation to Northern Ireland, means a court of summary jurisdiction;

"maintenance order" means a maintenance judgment within the meaning of the Regulation;

"part of the United Kingdom" means England and Wales, Scotland or Northern Ireland;

However over £5000 would mean Fast Track, where you would be liable for costs of up to £750 if you lost, but there is Standard Disclosure, which means the bank would be forced to disclose a breakdown of their costs, something they have steadfastly refused to to do. Plus, assuming you managed to overcome the Woolwich's local County Court possible initial reluctance to accept the claim, should there be a Direction Hearing/ Case Management Hearing, you would have to travel to England to appear.

 

If all this sounds too involved, it might be better to split the claim as Paddym suggests.

[hughes690]

Thanks, again, Michael . . . Oh Dear. :-|

[hughes690]

Another Day - Another Dollar. Nothing from Woolie. Now 15 days since they received Request for Payment of Charges letter. Clock now ticking on LBA (they would have received it today, Mon 05 Feb 07). Phew! ;-)

[hughes690]

DCA over time. They received my 'Request' 22 Jan 07 (Fourteen working days today). Do I continue waiting or give then a 'bump'? I haven't made monthly payment yet (due 12 Feb) Nothing in post today from DCA or Woolwich. Any comment please?

[e28bigalbexley]

No dont wait for them, it will just keep you away from your money for longer. Stick the LBA in the post first thing then you may as well get your N1 done (or whatever they use in NI) and ready for Wednesday fortnight;) .

AL

[hughes690]

NOTE: LBA + Schedule already in their hands - posted Recorded del last Saturday. What about DCAs non-response, tho?

[e28bigalbexley]

If there 12 W days are up i would write to them and tell them they are in default and the account is now unenforcable under the CCA1974 because of their failure to supply Copy of fully executed agreement.

They have untill (31 days) (from date of default) to rectify this or they will be committing an offence.

AL.

[hughes690]

Is there a template letter for this situation: DCA non-compliance?

Has anyone been here before?

Can any pal suggest appropriate wording for DCA non-compliance?

Would appreciate suggestions.

[paddym]

I dont know too much about DCAs but i have read threads by a memeber who is challenging them and has some good knowledge on their operations so pm tbern123 they will give you some good advice !

[hughes690]

Anyone there to advise on DCA non-compliance? URGENT response wanted!

[e28bigalbexley]

Hi Hughes

Just pad out what i put in my last post about, unenforcable, further calender monther and further month an offence is committed.

As it stands you dont have to pay them anything as they are in default.

You may want to get further info from Tamadus (pm Him) about weather in this situation they can process information to CRA's, i dont think they can because the agreement is unenforcable.

 

AL

[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

[hughes690]

Oh. Still unclear re wording of letter re DCA default quoting relevant Acts.

Can I please have further advice/draft letter? - I want to be really sure of my action. I feel my claim for refund of unfair charges is more complicated than the norm with DCA involved. Woolwich is now over 14-day limit on Request for Repayment of charges and they are now in receipt of LBA and the clock is ticking on that! (They would have received LBA Mon last, 5 Jan 07).

[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

[hughes690]

Thanks for that Tamadus. I really had to giggle at your DCA comment!

[hughes690]

I have prepared my letter for DCA. (Thanks Tamadus and BigAl for all your help).

[hughes690]

LO and BEHOLD! Not only a letter from Woolwich, but also one from Barclay! Blah letters they are - extending both their reply to dates - into March now. Will digest and report post Friday.

[hughes690]

I wonder why replies from both Woolwich AND Barclays?

[e28bigalbexley]

Coz the Left hand dont know what the Right hands doing:) .

You will end up dealing soley with Barclays.

AL;)

[hughes690]

A NOTHING UPDATE:

Two letters received yesterday - One from Barclays (dated 05 Feb 07) and one from Woolwich (dated 06 Feb 07).

Barclay letter appears to be a response to me for Woolwich referral (see earlier post) of case to Barclay (they elevated it!): '. . . while we will endeavour to respond to you within timescale outlined in your letter, we cannot guarantee that we will do so . . . however we do aim to find a solution within 4 weeks.' (???WHAT???).

Woolwich letter appears to be response to LBA (they received 05 Feb 07): 'We have taken responsibility for fully investigating the issue you have raised and aim to resolve by 06 Mar 07' (???WHAT???). I thought they had passed case to Barclay (see earlier posts).

 

I'm afraid this all appears unaccectable - not only to me but to all claimants out there.

 

Comments please.

[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.

[paddym]

These are standard letters which we have all received a typical claim against the woolwich from SAR letter to court issue usually generates approx 11 letters so as Tam has advised you above stick to timescales and as they say "carry on regardless"

[hughes690]

About to start preparation of MCOL. I am due to file end of next week (17 Feb).

[nemogbr]

I hav ean account with both banks.

 

I read the same in this thread and decided to send my SAR directly to Barclays instead of sending two.

 

That way it would be easier to track.