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dylon vs the woolwich


dylon
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Thanks Michael how long does the process take roughly?

 

Your claim is deemed served three? (can't remember - might be 4) days after you file it with Moneyclaim - that means that the bank is assumed to have received it by then.

 

The bank then has 14 days to acknowledge your claim (tell the court they've got it and they'll be defending), submit a defence or admit they owe you.

 

They will probably just acknowledge the claim.

 

Approximately 14 days after that they will most probably submit a defence. If they don't you can apply for default judgment through moneyclaim but they don't often forget to defend.

 

After that you'll be sent an allocation questionnaire from the court - it could take a week or two or longer depending how busy everything is. The claim will also be transferred to the court nearest your home and will no longer be managed via the online system.

 

There are threads on completing allocation questionnaires, but best to look at these when you've the questionnaire in your hand as the approach to completing them is changing as time goes by and different tactics are tried.

 

At some point after you've returned the questionnaire you'll get a trial date. This could be weeks or months after the questionnaire.

 

Two weeks before the trial you send your bundle of paperwork (there is comprehensive guidance on this in the templates library - just don't throw anything away!) to the court and the bank.

 

The bank will probably settle with you days before the trial date.

 

I'd assume it'll take about 4 months to get your money. It may take less time, but it all depends how busy the courts are.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Surely the bank will realise you are splitting the claim (they would know if you are owed over 5k but only making a court application for £4999 that you intend to take them to court twice) - knowing that they would potentially have to double their admin/legal fees for dealing with one customer, it would make more business sense for them to get 'rid' of that customer asap by a quicker payout?

 

Sorry, long winded sentences there but do you see where I'm going? It might (ironically) speed up the process if you split it.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I think you filed on or about the 4th March? If so there's no point applying for default judgment until either 15 days after the claim was served (you've had a letter telling you when it was deemed served) if there's no acknowledgement, or 29 days after it was deemed served if they acknowlegde.

 

In other words, don't click:)

If in doubt read the

FAQs

 

If still in doubt - ask!

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Just checking, has Woolwich ever been reported as having taken it all the way to full hearing?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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