DaveH V`s Woolwich

[davehills77]

Ok, here we go,

 

I have followed advice on this website, and so far we are at the useless goodwill gesture stage.

 

I intend to reject it on the basis that its not even 50% of what i`m claiming, so for even insulting my intelligence im rejecting it.

 

I do however have a question or 2.

 

1st, Do i call the number on the offer letter to discuss the offer with the guy on the phone, I have his name and direct number?

 

2nd, If contacting him is not the way to go, do i remove the part about accepting the half offer, and just reject it straight off the cuff as it were??

 

Any help much appreciated and i`ll keep you all posted of what goes on.

 

Thanks for all the advice so far, and good luck to all.

 

Regards

 

Dave H.

[Bigmac versus]

Phone call wont harm however dont cash the cheque UNLESS you have it in writing that you can as partial settlement.

[e28bigalbexley]

Hi Dave,

Use this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

And send your LBA as well if you have'nt already, phone if you want want but the woolwich probably wont settle till you file a claim at court, submit an allocation questionaire and are about a month away from a hearing with the district judge, that in your case is about April/May/June depending on how busy your court is . Just my personal experience.

 

AL:)

[davehills77]

OK, have decided not to bother calling the guy regarding the settlement offer, My reason for this is so that nothing can be denied, At least if i keep it all in writing they cant deny anything.

 

So I`m now going to send them the rejection letter and they have until 9th feb to cough up or its MCOL!!!!!!

 

Has anyone managed to get the money out of em` at this stage???

 

Keep you all posted regarding the outcome.

 

Dave.

[e28bigalbexley]

OK, have decided not to bother calling the guy regarding the settlement offer, My reason for this is so that nothing can be denied, At least if i keep it all in writing they cant deny anything.

 

So I`m now going to send them the rejection letter and they have until 9th feb to cough up or its MCOL!!!!!!

 

Has anyone managed to get the money out of em` at this stage???

 

Keep you all posted regarding the outcome.

 

Dave.

 

Thats the way to go, phonecalls are a waste of time pen and paper works better.

Then Mcol.

No i dont think they have.

Yup thats it keep us posted.

 

AL:)

[davehills77]

OK, just a quick update, sent the rejection of offer letter, and recieved a reply 2 days later basically reitterating what had previously been said "We are sorry etc etc and do not agree with you, howerver we are now willing to offer £925 etc etc in full and final settlement"

 

Is this once again another stalling tactic by them, or is it in the hope i will now give up after recieving another bank type letter.

 

Do i still give them until the 9th before i issue, or do i now need to respond to this one, then give it 14 days??? I hope you tell me Feb 9th, cause then i add interest and thats a hell of alot more money 4 me.

 

Ive been looking at the court pack etc and may need a bit of help, so may i kindly ask in advance should it go that far, for some of you guys to help me out???

 

Thanks again, I await your advice.

 

Dave

[e28bigalbexley]

Hi dave

If you have sent LBA and they have sent a reply saying no deal then off to court you go and add your interest on

You will get plenty of help that wont be a problem.

AL:)

[paddym]

as AL said above and stick to your timescales your in the driving seat this claim proceeds at your pace not theirs !

 

nice to see you back BIGAL ! HOW DID WEST HAM DO ? LOL:p

[e28bigalbexley]

 

nice to see you back BIGAL ! HOW DID WEST HAM DO ? LOL:p

 

I will not be drawn into a silly bit of muck stirring Paddy:D

Nice to hear from you to

[davehills77]

Just a quick update, after the money claim online was filed, 2 days before the date they acknowledge the claim and fully intend to defend all of it ( Yeah Right ), so i guess they now have a further 28 days to drag it out and no doubt i will then get a copy of the defense and a court date set? Can anyone confirm if im correct in my thinking, and at what stage should i start preparing a court bundle ( And what needs to go in it ).

 

Keep up the good work all.

 

Dave.

[davehills77]

Another Update, recieved the defense letter this morning, seemed pretty stright forward, they are denying any liability and claiming that they are entitled to charge the ammount they do. Also said that they do not believe i calculated the charges correctly, ( I wrote down statement date, statement number, ammount charged and added it to a spreadsheet) how this can be wrong is beyond me.

 

So next stage is to fill in the court allocation questionaire and send that off.

 

Then i guess i wait for a hearing date.

 

Anything i should be worrying about???

 

D.

[Blueloobylou]

Standard letter, Id say. They're full of bull and they know it!

 

Good luck.

[davehills77]

Need a little help if i may,

 

Recieved in the post this morning a letter from the court titled "General Form of Judgment or Order"

 

Text as follows.

 

Upon the courts own motion. the court has made this motion of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it.

 

IT IS ORDERED THAT,

 

1. The claimant to file at court and serve on the defendant by 4pm end of may a particularized schedule setting out the number of the account or accounts the subject of this claim and in respect of each such account, individually each sum which he says the defendant has unlawfully taken from his account and on which date it was taken. In default the claim will be struck out without further order.

 

2. Upon the claimant complying with clause 1, the claim will be allocated to the small claims track and listed for hearing on the first open date after 6 weeks from the date of listing with a time of 2 hours set aside.

 

My questions are,

 

Do i only need to send the spreadsheet i sent to the bank along time ago with that charges broken down, and add to that the fee`s for issuing in court and the allocation fee and interest???

 

any help welcome ASAP. thanks all

[e28bigalbexley]

Hi Dave

Did you take/send in copy of your shedule to your local court (if you filed an N1) or if you went the MCOL way send to the court a shedule of charges, as it would appear they have not recieved it. This is probably what they are asking you for, you could always phone the court and ask for clarification, But im sure that what they are asking, be sure to put all your details on each schedule and that those details are clear and legible for them to tie it up to your claim. Name, Address, claim No. defendant ect.

 

AL:D

[davehills77]

Al,

 

Thanks very much.... I did send in a schedule but it would appear it never made it ( Or was lost in the backlog ).

 

Anyway, i figured it was what they were after although i will call the court to clarify.

 

I also sent a copy to the solicitor for the bank along time ago but i guess they want me to send it again and see if the bank disputes anything on it.

 

I have it broken down on a spreadsheet with date, statemaent number, ammount, and interest.. is this going to be enough, and should i also add on the court costs i have incured up to now??? IE money claim fee and allocation questionaire fee???

 

Thanks again for your response......almost there now, just a little longer to wait.

[e28bigalbexley]

Dave

Your cost were listed when you filed your claim. Any additional costs ie. Allocation Questionaires will be added by the court themselves to be refunded to you by the defendant. If they settlle before court (;-) ) you will likely need to remind them of things like the AQ and maybe even the court fee.

The Shedule with dates, type of penalty, amount, and interest (as per your prelim and LBA letters) will be fine. Send them all extra copies (3 to the court), registered post ASAP.

 

 

AL

[davehills77]

Al,

 

Thanks mate, all in hand now, printed loads of copies to send, and just to help remind them ive added the money claim online and other fees to the spreadsheet, but have clearly indicated what the charges are with and without them so even my 4 year old would know the difference.

 

Thanks again, ill keep you posted

 

D

[e28bigalbexley]

hi dave

[davehills77]

OK, update for you....

 

Despite the OFT case going ahead, my case has still been listed for hearing, at the end of the month, leaving me not alot of time to prepare the court bundle.

 

Can anyone offer me advice with regard to what needs to go in it, so far i have been taking out stuff from newspapers and printing stuff from websites, but is there anything i def need to defend myself???

 

I can only assume if it gets as far as court that they will try and put me off somehow??? lets hope the judge sees things differently.

 

Any advice much appreciated.

[welshcakes]

Hi Dave

 

If this is a trial hearing, then you need to print off 3 copies of your court bundle and make sure they are received by 1) Barclays and 2) the court with at least, I would recommend, 10 days before hearing date.

 

For a list of everything you need, follow the link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[davehills77]

Not sure what you mean by test hearing, it is the first court appearence regarding these charges, and the only problem i have, is that i only recieved the letter notifying me of court date friday, and bearing in mind the date of the court case is the 22nd that leaves me less than 10 days to get anything ready and to the court and bank.

 

On another note, it seems funny that after hearing nothing for months from the bank, and getting a letter telling me the court date, I all of a sudden get a rather standard looking letter detailing that all cases are now on hold pending the OFT case and that they will not be dealing further until its finished. So what happens about the court date, its only a week or so away, will they have to turn up and defend it or what???

 

I will look into the court bundle link provided, but the letter i got from the court mentioned nothing about me having to send in documents to any party, so why would i need to do this???

 

Any help much appreciated as im getting a little annoyed its taken this long, i know people who started months after i did, and they got paid out!!!!!

 

Regards

 

D

[davehills77]

OK, i have printed off 40 pages of the court bundle, but what exatly do i do with it all???? im a little confused as the courts have requested nothing more from me, and i assumed all i needed was the letters sent back and forth, my sreadsheet of charges, and my statements??? what is all the other stuff for, and as i will not have time to send it to the bank/court, do i need to take a copy for each with me, the court has asked for nothing further, help!!!!!!

[davehills77]

Anyone?????

[dylon]

Iwent to court today and my case was stayed pending the outcome of the test case,as regards the court bundle I would still send a copy to the court and the bank so as they can hold it on file and when the courts decide to carry on with the cases they will have all your information to hand and also the bank will know that you mean to see it throu to the end,it will take a while but its worth it in the end as the banks can't justify their charges as they don't reflect their actual cost's.

regards Dylon

[welshcakes]

Hi Dylon

 

Unless you are required to submit your bundle by a certain date, I wonder if it mat be best to hang fire on preparing it. There is some time before the TC conclusion and you are already 'in the system' so won't lose any ground now.

 

I think (and it's only my opinion) it's likely that through the course of the TC, the bundle will be enhanced by the addition of even more evidential documentation in which case, you would have to reprint at a later stage.