Welshcakes V Woolwich

[welshcakes]

Hi everyone,

 

I have just joined all you good people in the fight to reclaim against Woolwich, and shall update the following timeline at each stage

 

First Letter requesting Statements 27/02/2007

Woolwich acknowledgement letter rec'd 05/03/2007

 

I've found writing to the branch on other matters pointless so I sent my first letter to:

 

Peter Townsend

Barclays Data Protection

Barclays Bank Plc

Radbroke Hall

Knutshall

Cheshire WA16 9EU

[welshcakes]

I dreaded (and hence put off) starting a claim for ages, but now I'm with this site, it's rather like being a kid again waiting for Christmas morning!

[steve31]

Hi welcome and have fun

 

I'm sure you have already had a good read through the threads and seen the pattern that your claim will no doubt take! Its a long road but the pot of gold at the end of it is rightfully yours!

[welshcakes]

Just a thought having read more posts this evening. I understand why discussing via telecon is a no-no. But what do people feel about email correspondence as complimentary to hard copy mailed letter correspondence?

 

Is electronic mail considered acceptable documentary evidence from a court's point of view or is 100% good old fashioned hard copy letter recommended?

[Advoc8]

Email is fine (well, a printout of the email;)).

[Blueloobylou]

Hi Welshcakes,

Looks like we have similar timescales. Keep us posted!

Blueloobylou

[welshcakes]

First Letter requesting Statements 27/02/2007

Woolwich acknowledgement letter rec'd 05/03/2007

Barclays undated letter re Statements being prepped rec'd 10/03/2007

 

They've quoted my original letter as dated 24th even though it wasn't posted til 26th so I'm bring forward 40 day grace to 40 days (+2 days post) to April Saturday 7th.

 

I notice they only sent me one Reference Number on Woolich original response and only one Barclay letter today (no date or case reference). I sent two separate SARs on the same day for the two accounts I claiming.

 

Can I presume that they are only going to send me one item of correspondence at each step until I put in the two accounts as separate court claims?

[welshcakes]

Hello peeps!

 

Three questions to pick those loverly brains of yours.... sorry a bit long;

 

1. Woolwich has always refused to accept my signed written advisemnent of my new address. They have carried out other account instructions contained in the same letter but state that I have to go into my nearest branch with photo ID to get the address changed because of strict money laundering laws.

Now, ordinarily I would have just done this but my circumstances don't permit; I am 24-7 Carer for my severely diabled partner and I don't have anyone qualified to supervise him whilst I spend time at the bank - my nearest bank is in a limited (costly) parking area and it would take at least an hour of my time. I cannot safely leave my partner unattended for that amount of time. I don't have the financial means to pay for a private nurse/carer.

Everyone else including the DWP and Inland Revenue and my other bank have accepted written instruction on my new address so can the Woolwich legally refuse my signed written instruction?

 

2. Again with issues of being a fulltime Carer, if I am required to go to a court, my brother has offered to loan me the money to arrange a private nurse for the day. Am I able to claim this back as part of my costs? Haven't looked into how much it would be but I know it won't come cheap even for half a day.

 

3. Another thread suggests that because my mortgage payment last month was declined for insufficient funds and the amount was far less than my bank charges I am claiming, that I have recourse in respect of the penalty charges now applied by my mortgage company.

How do I reclaim these knowck on charges and who do I reclaim them from?

 

Blimey,need a cuppa now

[Blueloobylou]

Hi Welsh,

Just catching up on your thread!

 

I am unsure about Questions 1 and 3 but I feel sure that you will be able to claim the cost of hiring a Carer whilst you attend Court. Ive heard of people being able to claim for losing a days pay etc. so I think it all just comes into the equation when you win and get your costs back.

 

Good luck with the other stuff! I think Woolly are just being completely OTT not accepting a written instruction to change your address. Can you not send you passport in or something by Recorded Delivery to prove your identity?

 

Blue x

[welshcakes]

Hi Blue

 

Thanks for the suggestion but there's no way I'm entrusting Woollies with my passport (not that we can afford to go on holiday until I get my charges back). Even if I send it recorded, can you imagine the run around trying to sue them for the cost of getting another one and the more I read these days, the more I realise how simple Identity Fraud has become in the UK x

[Advoc8]

I'd imagine that they'll keep on using the excuse that to prevent the possibility of someone stealing your passport and using it to change the address details fraudulently they'll want to see you and the documentation in-branch.

 

Actually I'm not too sure this is a bad idea. I was extremely surprised that the Benefits Agency let me change the account that my father's state pension is paid into over the phone with no ID verification other than me giving them his DOB and NI number.

[welshcakes]

Update:

 

First Letter requesting Statements 27/02/2007

Woolwich acknowledgement letter rec'd 05/03/2007

List of Charges rec'd 02/04/2007

 

The list is complete apart from them not adding the few pence of interest carges on the three periods for which I went overdrawn; since this would not have been the case if not for the unlawful charges, I shall be adding the mighty unauthorised OD interest of 51 pence to my claim!

 

The Woolwich have only sent me the list for one of the two accounts requested and their 40 (+"2) days is up on the 6th April so I shall be online reporting them and DPA breaching if necessary.

 

I was rather taken aback that my entire charges for this account were less than £1k. Hopefully Barclays might consider just paying me off full settlement for this amount. Will be posting my prelim with attached schedule tomorrow (recorded post).

 

My charge list was accompanied by a letter from Raymond Pettitt, Customer Service Director. Should I address my prelim for his attention?

[Advoc8]

You can address it to him, it'll probably make its way through umpteen administrators first whoever you sent it to!

 

Hope all goes well.

[welshcakes]

First Letter requesting Statements 27/02/2007

Woolwich acknowledgement letter rec'd 05/03/2007

List of Charges rec'd 02/04/2007

Prelim sent 10/04/2007

DPA breach letter (other a/c) sent 10/04/2007

 

Boring update but I have had a lot of chocolate this Easter so am still happy despite my delay in sending off Prelim. I also had to wait for them to send my final month's statement

[welshcakes]

Have today filed with MCOL for DPA breach on one of my Woolwich accounts. Am additionally requesting just over £40 in my expenses - roughly the cost of one bank admin fee ;D

[Delboy01]

Not sure you will get expenses if you go small claims... what is the size of your claim?

[welshcakes]

Claim has been accepted and issued according to MCOL. It's simply a DPA Breach so there is no monetary claim except for the costs incurred since the breach occured. I used the template Particulars of Claim from this site's library (and tweaked it slightly as it's way too long to fit onto MCOL).

 

Including cost of court fees, is just under £80 and I will be pushing to have this granted by the court as I am on IS because I'm a fulltime carer for my disabled partner (I sadly had to give up work last year as his condition is degenerative). If fees etc are not granted, I shall apply to have them reimbursed as I am on low income.

 

I am presuming that since it has been issued, it falls into the domain of small claims and ticks all the boxes for being a valid case.

[welshcakes]

Well, yesterday Barclays replied to my LBA (sole account) with a 'burger' off letter, they're not opening their sweaty little fist to offer me even a penny refund.

 

I have just completed the 8% simple works sheet and am currently battling with an incredibley slow MCOL. Still hey ho, I get to add Stat Interest which brings my claim up to a total of just over £1,100.

 

I thought it rather funny that despite Barclays H/O already confirming they aren't going to pay anything out, today I get another bog standard "fully investigating the issues" letter from Bexley Heath Woolwich....hhmmmm, they really need more internal consultatiuon so that they can distinguish between their botty and their elbow!

 

Regarding my joint account that Barclays failed to supply statements/list of charges after 60 days, I'm just waiting for bank to put in a defence (or hopefully not given the law on Data Protection Act breach is undisputed)

[welshcakes]

Hi peeps, some opinions/advise sought...

 

Ref: a closed joint Woolwich OpenPlan Account

 

I sent a SAR end of last year - no reply

Resent a SAR in Feb - no reply

Communicated via emails and got responses apologising and confirming schedule of charges sent 1st class post - nothing received

Beginning of May, sent a DPA breach LBA - no response

(consurrently submitted online complaint to ICO)

MCOL for DPA breach asking for court cost, own incurred cost of pursuit referring to post-40 day grace expenses only).

Last week rec'd from MCOL that Barclays are going to defend in full!?!

Yesterday rec'd letter from Barclay Data Protection claiming they cannot provide charges as I haven't given them enough info to trace the account in question - asked me for all the info that I have already sent in writing twice (and that they obviously received months ago as they have responded with their standard blurb letters).

 

So, should I

 

1) just write back to Data Protection and refer them to my previous letters/requests dated xx and xx AND remind them that it is now a court claim and even if they do send thru list of charges before court date, I will still be seeking claim costs;

 

2) ignore this letter from Data Protection dep't (which goes against the grain and may be seen as not co-operating) as this is now a court matter;

 

3) Resend copies of my previous correspondence that already gave all required info with a covering letter and not point out it has escalated to court claim.

 

This has already cost me £30 MCOL fee and a lot of time effort and some costs in dealing with which I feel justified in pursuing - why should I lose that money simply because they breached but now offer to do what should have been done months ago.

 

Any wise words and logical direction for me?

[welshcakes]

Update on my MCOL in respect of bank DPA breached. Barclays filed a defence on 10th May so now being placed in local court. No idea what their defence is ... I requested NOv 06 and Feb 07 (using template SAR letter from this site) and even have correspondence from Woolwich assuirng me the list if charges was sent out 5 weeks ago. Of course they haven;t sent anything and Barclays Data Protection (Andrew Miskell's office) even wrote last week to say they hadn't been able to send as they needed more info like previous address/surname etc; all this info was given every time I wrote to them.

 

I suspect they have simply put in an auto standard wording defence as I have documentary evidence that they have confirmed tracing of account and sending of info and then done a U-turn and written to say they can't trace my account.

 

Ah well, every time I write a letter or make a mileage reconciled trip to post office to post it, my out of pocket expenses go up and yes, I have asked for them in my Particulars of Claim.

 

Anything I need to do or should I just wait for the defence to be sent through to me? (No court date yet)

[welshcakes]

Update on my MCOL claim for Breach of DPA (no list of charges sent since first SAR in Nov 2006).

 

My MCOL claim was for the £30 court fee, my expenses to date of approx £42 plus compliance with SAR. Barclays put in a defence.

 

Barclays Compliance has written today with usual blurb and offered the full amount as final settlement as long as I sign their letter. The letter states they sent my charge list in March - what they sent in March was a list of the charges regarding my other account which I am also claiming (through local court).

 

Could you all advise me if I am correct in NOT signing letter but sending acceptance letter ON CONDITION that they send out the full list of charges within say 7 days of date of my letter.

[bigmama59]

If there is a phone number on there, could you phone first and say that if they send the charges list then you will send back the letter. Or you could delete that bit and add a note of your own ....

[welshcakes]

Yes, I think I will try the phoning tomorrow morning. I have been in a 2 week emai correspondence back and for with Woowich Customer Care and today they emailed me to say they expect to resolve it in 20 days but currently have an expected 5 day turn around. TBH, I find everything from BarclWool empty promises, utter garbage or downright untruths so I've basically emailed back just now to remind them they'll get additional costs and a potential CCJ and that I want to be in receipt of list by this Thursday.

 

I honestly believe they are able to print off the list within minutes if they want and since they can send me a personalised email within 24 hours, they obviously don't have a 5 day turn around for attending to a request.

[bigmama59]

How did you get on today?

[diverse99]

Hi Welshcakes, today I have received my list of charges and an offer, please read my thread. I do have a number and contact name of someone you can speak to there. I started my Woolwich Case on May 10th and today got an offer, and didn't really ask for proper amount because I needed the statements

 

Stacy White

Customer Relations Manager

Clacton on Sea

Essex

 

01255 477032

 

My thread, also i need some help if anybody can help

 

http://www.consumeractiongroup.co.uk/forum/woolwich/88822-diverse99-woolwich.html