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noomill060's friend v Woolwich


noomill060
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Need some advice.

 

I am acting for my friend in her battle against Woolwich.

 

Story so far:

 

They ignored her SAR last October.

 

They set Equidebt on her to recover a debt made entirely of these charges.

 

I wrote her a letter to send to Equidebt demanding they lay off as she was disputing the debt.

 

 

Woolwich wrote to her with the " We will reduce each charge to the £12 "allowed" by the OFT" letter.

 

She was quite scared and intimidated by Equidebt's threats of legal action, and without telling me, she signed form agreeing to the charges reduced to £12, posting it today. She has only just told me. She is lovely but a little naive and didnt really understand what she was signing.

 

Arghhh!

 

Its a long shot, but can I now write her a letter for her to send, withdrawing her acceptance?

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Its worth a shot. The OFT ruling for £12.00 limit refers to credit card charges and not charges relating to a current account. You could state that this has been misunderstood and the acceptance is withdrawn.

The worst that could happen is they refuse to accept it but its surely worth trying.

I would also include some pressure points like ignoring the SAR etc.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Dear Sir,

I am writing to withdraw my acceptance of your recent offer.

I have been under great stress from your DCAs (Equidebt) unlawful demands for repayment of your unlawfully applied charges and I consider that I was bullied and intimidated into accepting your offer.

As you are no doubt aware, the OFT did not set an acceptable level of charges, nor is it within it’s powers to do so. The OFT's report refered to credit cards and not current accounts.

 

Your disproportionate charges are unlawful at Common Law, Statute and in regard to consumer directives and your T&Cs in relation to penalty charges are therefore unenforceable.

I will accept your offer only as part payment, on the clear understanding that I will pursue the balance and all interest levied theron, through the courts if necessary.

In October of last year I issued a Subject Access Request which you have not complied with.

I will now file at Court to enforce compliance.

 

I reserve the right to draw the courts attention to this letter.

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Like i said it cant hurt trying.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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As the T&Cs which they rely on with regard to charges is unenforcable and conceals the unlawfulness, would it carry that an acceptance to reduce to a lower arbitrary figure of £12, would also be unenforcable, as the whole issue revolves around T&Cs which were agreed to at the account opening?

 

In short, if part of a contract is unenforcable and unlawful, does reducing the charges make it any less unlawful?

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They could wave it around in court but we all know they wont go to court so i dont think its an issue.

Send your letter off and see what happens. It cant make the situation worse can it!

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 2 years later...

I realise this is an old story, but what was the outcome please, noomill :)

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