Sally Pooley v Woolwich

[Sally Pooley]

Hi, I am now getting worried. I started trying to claim my charges back in July 06, Barclays kept asking for more time to look into the claim, and like an idiot i gave them the time. i have just sent my last action before court, the bank have until tomorow then i start court action.

 

Can anyone tell me how i contact the court and get a court date. I have looked through the forum and read all the questions but think i now cant see it for looking.

 

thank Sally

[livelylad]

Hi, I am now getting worried. I started trying to claim my charges back in July 06, Barclays kept asking for more time to look into the claim, and like an idiot i gave them the time. i have just sent my last action before court, the bank have until tomorow then i start court action.

 

Can anyone tell me how i contact the court and get a court date. I have looked through the forum and read all the questions but think i now cant see it for looking.

 

thank Sally

 

Hello firstly you need to start a thread in your bank forum and post your questions there.

I suggest you read the FAQS and step by step instrucrtions, this will guide you. I pressume you are asking about starting court action? You will either need to complete MCOL or use the N1. Both of these can be found in the library.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[Sally Pooley]

hi, it's taken a while to sort out hodw to post a threa, but here goes.

 

i am now on the final part of claiming my money, and will have to applied to the courts as the woolwich have only until tomorrow. They have offered me a part payment but 1/7th of what they owe me.

 

i am now getting confused on how i contact the court, i have read so much that everything is now getting muddled, but i'm sure a couple of hours without kids around will help.

 

i just need to know i'm not the only oe going through this, and that at the end of the day it will be worth it. think i've been an idiot though, as whe the woolwich asked for more time to look into the query i let them have it. this has now been goin on for 6 months, but hopfully not another 6 months.................

 

thanks for listening or in this case reding

 

Sally

[dollies01]

Hiya

Don't panic, you are going into the final stages!

You need to either file via the N1 form which is here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

or you can do it online via Mcol:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

If you need any help filing the forms in just give us a shout!

hope this helps

[Sally Pooley]

thank you, i thought i was going in the right direction, i have printed the NI form off, but think i will do it on line, it will be quicker.

 

If i ned help i'll give you a shout, thanks for the offer

 

Sally

[Sally Pooley]

Hi,

 

After reading everything i can on on starting court proceedings, i've read that if the claim is over £5000, then it will not go to small claims court but county court, is that right, and also when filling in the N1 what court do i need to put down, is it just the one local to me or Northampton.

 

Sally

:?

[livelylad]

Hi,

 

After reading everything i can on on starting court proceedings, i've read that if the claim is over £5000, then it will not go to small claims court but county court, is that right, and also when filling in the N1 what court do i need to put down, is it just the one local to me or Northampton.

 

Sally

:?

 

You claim could well stay in the small claims even so I would not be to concerned as they are more than likely going to settle before you get anywhere near a court. I have added the link for the N1.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Sally Pooley]

Hi,

I start court proceedings tomorrow against the woolwich, it for a far bit on money, 2 aco****s over 6 years, i read that if its over £5000 it will go to county court instead of small claims court, is this right, and if so, is there much difference between the two

from a "getting worried now" Sally

[Sally Pooley]

thank you, i'll let you know how it goes.

[Sally Pooley]

Hi, can anyone one tell me what happens now, i have taken Barclays to court, they had until 21st to reply, today i have received notification that they have defended the case, they now have 28 days from the date of service of the claim, being a bit thick, but does that me they just have another 14 days from the 21st. Should i start getting my packs for court together yet, or just wait until i get a court date.

 

You never no perhaps they wont file anything at the end anyway.....

[Sally Pooley]

Hi, can anyone tell me what happens now, i have taken the woolwich to court, they had until 21st to reply, today i get a letter from the court that they have defended, being a bit thick, that just means they get another 14 days from the 21st dosn't it an also should i start gettng my court bundles ready or just wait until i get a court date. i can't see them not filing a denfence. i am now getting worried that its all going to go wrong at the end, and i'll come out with nothing,

 

Thanks for any encouragement :|

 

S

[livelylad]

Hi, can anyone tell me what happens now, i have taken the woolwich to court, they had until 21st to reply, today i get a letter from the court that they have defended, being a bit thick, that just means they get another 14 days from the 21st dosn't it an also should i start gettng my court bundles ready or just wait until i get a court date. i can't see them not filing a denfence. i am now getting worried that its all going to go wrong at the end, and i'll come out with nothing,

 

Thanks for any encouragement :|

 

S

 

 

Ok firstly please stick to one thread for this claim, It makes it easier for us to answer your questions. I shall get these merged.

As they have defended the claim they now have the full 28 days from the date the claim was deemed served which is 5 days after you issued the claim.

I would take a look at the court bundle and think about getting prepared to complete it. Howvever I doubt you will get inside a court.

[Sally Pooley]

Thanks, i will, if the woolwich put in a defence by 7th March, is that when i get the Q&A's from the court and a court date, or am i getting confused........

[Michael Browne]

28 days from deemed date of service or 14 days from the 21st should be the same thing ie till March 7th to file a defence.

 

No need for court bundle yet. There's the AQ to deal with first.

 

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[Sally Pooley]

thanks, have read some other threads, and it seems the woolwich like to drag things out,

[Sally Pooley]

Hi, Can anyone put me mind at rest, on Friday i received my AQ from the court with a letter saying that my case has been transfered to my local court, fine, but after readng what the Woolwich have put as a defence i'm a bit worried, throughout the defence statement they refer to me as a man, "his account" this is stated 3 times, they have also said that i have not given any precise dates and amounts of charges i have incurred, yet i sent a schedule of charges twice with my letters and the first one was achknowledged, that's when i was offered a £1000.00 by them. And also the statement says that i agreed to these charges when i opened the account, but i can honestly say i dont remember getting a list of how much the charges were, but that shouldn't matter should it as they have now been found out to be unlawful?

 

Are the woolwich getting my case mixed up with someone else's, or is this just their way of getting me worried....... Also sorry i more thing, once i have replied to the AQ is that when i get a court date and have to submit my court bundle?

 

Thanks for any help or advise given

 

Sally

[Sally Pooley]

Hi, sorry me again, thinking about it, and reading some threads, should i have sent a copy of my schedule of charges to the court when i filed my MCOL, because i didn't, would this explain the defense the woolwich have put in, also some of this i dont understand, could someone just have a quick look to see if there is anything i should be worried about.

 

the Woolwich have put: 1 The particulars of claim do not provide details of articulars of the precise chargesallegded to have been unlawful, or the dates thereof. Accordingl, this defence is summary in nature and the defendant reserves the right to amend this statement of case in due course. To the extent it is alleged that the claiment incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

2The defendant is entitled to charge the claimant for unauthorised borrowings by reason of its standard terms and condtions. The claimant accepted the same when the account was opened, including (in particular but withour limitation) the following terms and conditions (which are summarised)

a. The defenants right to charge a "paid referral fee" where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn _ £30 per item (previously £25).

b. The defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be pad because of insufficient cleared funds in the account - £30 per item (previously £30).

c. The defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

3. The defendants standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit, or where the claimant exceeds his authorised overdraft limit)

4. If and to the extent it is the claimants case that the failure to make necessary payments and/or failure to remain within authroised overdraft limit and/or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimants account constitutes a liquidated damage clause, the same is denied. The charges constitutes payments the claimant agreed to make by reason of the terms and conditions of his account and where consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred overdraft.

5. Accordingly it is denied that the legal principles relating ro liquidated damages clauses and penalty charges are relevent or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair terms in consumer contracts regulations 1999 or are in breach of the unfair (contracts) terms act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the supply of goods and services act 1982 (or indeed any other provision).

6. If and to the extent he claimant incurred charges on his account, this was caused by the claimant having gone into overdraft withour having agreed with the defendant an authroised overdraft facility or to increase the overdraft facility and / or his failure to make payments to bring the balance of the account back into credit.

7. It is averred that the said charges and interest are and remain lawful andenforable and that the defendant was entitled to debit the same.

8. The defendant denies that it is liable to the claimant for the sums claimed and interest, as pleaded or at all.

9. In the alternative, and withour prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlwful or unenforceable as alleged by the claimant or at all, and the charges were a consequence of the breach of contract by the climant, the defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthroised overdraft. Accordingly, in the event that the defendant is unable to rely on its express entitlement to enforce the charges as set out at paragraphs 2 to 3 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of said charges, and the defendant seeks to set off such sums against any liability owed hereunder to the claimant.

 

I'm a bit peeved that i keep being referred to as a man, throughout this defence, what do you think, do i stand a chance................

[Michael Browne]

Also sorry i more thing, once i have replied to the AQ is that when i get a court date and have to submit my court bundle?

 

Yes See these 2 threads re AQ

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

should i have sent a copy of my schedule of charges to the court when i filed my MCOL,

 

 

 

Yes, so mention it in your Aq and attach a copy.

 

Defence is pretty standard.

[Sally Pooley]

thank you, do i need to attach anything else to the AQ or just the schedule, and do i need to corresponde with the woolwich now, or leave it to the court

[Michael Browne]

do i need to attach anything else to the AQ or just the schedule,

Again:

 

See these 2 threads re AQ

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

and do i need to corresponde with the woolwich now,

No

or leave it to the court

Yes

[Sally Pooley]

I'm filling out my QA that i've received, and i'm getting myself confused (which isn't hard at the moment) under section H other information should i submit the section mentioned in the new strategy for AQ or not, also even though my claim is for nearly £8000 should i try to see if it can go through small claims mentioned in AQ a guide to completion, and is this where i mention that i am attaching a schedule of charges, as i didn't attach this when i filled in my MCOL.

Also do i jsut return this to the court, i dont have to send a copy to the Woolwich do I?

thanks for any help given from a very confused Sally

[Sally Pooley]

Hi, please could someone advise what i should submit under section H, and should i try for the small claim.

[Sally Pooley]

sorry me again, i'm filling out my Aq and time is running out, my case has been moved to my local court already so for section B do i still fill in Yes?

[Sally Pooley]

I'm getting myself more confused and more worried that i'm doing this all wrong. what is CPR part 28 and form PF52 and where will i find them?

[terrancexx]

Hi iv just registered on this web site and im stuck can any one tell me how to start to get my bank charges back please x