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Woolwich Bank Claim


Fingers28
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Hi All

I am in the middle of claiming my bank charges from the Woolwich, thanks to the help from one of my colleagues who is a member of this site and have now filed a county court claim to which the defendants (barclays) have now filed a defence. I have successfully claimed money back from the Halifax without having to go to court and I am now slightly aprehensive, but will continue the claim. Could anyone offer me some advise/reassurance towards the next part of this claim please. Any advise would be greatly appreciated

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Hi Fingers

Welcome to the forum,

follow the well trodden path and you cannot go wrong,

Use this link to start a thread;

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=40

(your user name) V (banks name)

Other members with experiance of your bank can offer informed advice.

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

If this helps please tip the scales,Left.

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:?

Hi All

I have recently joined the forum and would like some advise with a claim currnently being processed with the Woolwich (Barclays). A current member and good friend of mine convinced me to reclaim my bank charges, to which I have already made 2 successful claims against the Halifax.

I have started court proceedings against the Woolwich and they have just issued a defence and I have now reieved the defence papers from the court.

Could anyone offer me some advise on the next steps as I am slightly aprehensive but will not not give in. Any advise will be greatly appreciated.

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Hi fingers,

Welcome to the forum.

 

Please don't be aprehensive, almost all of the banks will file a defence. It means absolutly nothing. They were unlawful in appling these charges so they do not have any real defence.

Please find your banks forum and start a thread;

(your user name) V (banks name)

Other members with experiance of your bank can offer informed advice.

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

If this helps please tip the scales,Left, this lets others know if my information is useful.

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Guest ChloeJane

Hi Fingers!

 

We spoke in chat!

 

Ok - a defence is merely their stalling time and while I can appreciate you are worried at the moment, its just a process now.

 

You have a copy of their defence yes?

 

Thumb twiddling time till then as nothing can be done except to read up on and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate.

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

DONT be intimidated or worried about the process - it really is just that.

Wait for this next step above and then post back again when you next hear from the court.

Their defence is paper - words - they don't have one and keep reading on success stories to get you through!

 

 

Hope this gives some more direction of what next.....all the best with your claim..

 

CJ

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Thanks for your feedback, I gives me some re-assuranse that I am doing the right thing and will hopefully get a positive outcome. Will keep you posted on any further development.

Fantastic support.... Cheers

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Hi All

I have just recieved a Notice of Allocation to the Small Claims Track letter from the court with my date. The date of the hearing is the 1st June 2007. I have recieved a copy of the their defence, but no Allocation questionaire from the court, will I need to call the court for this form or shall I just wait to hear from them?

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Guest ChloeJane

Hi there!

 

This link might be useful.

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

If you received a copy of their defence and it has already been allocated it could well be that they have dispenses with the need for the questionaire.

 

I would wait for the court to be in touch.

 

Just in case they do send one - here is a link to completing.

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

The courts are swamped with applications at the moment and are often finding new and improved ways as Bookworm and others have said, so read the above link and take directions from this.

 

CJ

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Hi All

I have recently joined CAG and I am in the process of taking the Woolwich to court. My court hearing is for the 1st June 2007 and have just recieved the defence papers, but have not recievd a court questionare yet. The court have advised me to send the supporting documents to both the Woolwich and the court by the 18th May. This is a copy of the letter I will be sending the court and the Woolwich, can anyone advise me on the content of my letter please. In addition to the letter I will also be attaching a copy of the charges with interest and court fees.

 

xxxxx –v- Woolwich

Claim No: xxxxxxxxx

Date of Issue: 12/03/2007

Please find enclosed a schedule of penalty charges taken from me by the defendant (Woolwich), along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount of charges plus court fees equates to the total amount of my claim, namely £xxxx.xx.

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Sincerely

xxxxxxxx

1. The Claimant has an account xxxxxxxx with the Defendant, opened xxxxxx.

2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract.

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges exceed the Defendant’s such losses caused by the breaches. (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law

5. Claimant claims: (a) Return of the amounts debited of £x,xxx.xx. (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx.xx continuing at 8% until judgment or settlement at a daily rate of £0.34

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982

7. Costs allowed by the Court

The only between this one and the one I will be sending to the Woolwich is the following,

The Woolwich

Customer Care Team

Jackson House

Jackson Road

Clacton on Sea

CO15 1ZZ

A/C: xxxxxxxxx

Please find enclosed a copy of the letter forwarded to the Court Manager at xxxx xxxx County Court ahead of our hearing scheduled for the 01st June 2007 at 14:00.

 

Should I send both letters recorded delivery?

Any advise will be appreciated

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Hi Fingers

Did you originally file a shedule with your court claim and send woolwich/barclays with your LBA, as this maybe what the court are refering to.

And yes send registered post or better still but more costly special delivery.

As for the address i would use.

Barclays

Litigation & Disputes

Level 29

One Churchill Place

London

E14 5HP

 

Direct to their legal team.

 

AL:D

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Thanks for your response e28bigalbexley. Yes, I will be sending the LBA schedule, but with the court costs included. Will post them both today and fingers crossed now. Cheers for your help.

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The letters to both the County Court and the Woolwich has now been sent recorded delivery, so they will be recieved before the 18th May. Does anyone know if the Woolwich will send me anything od will it not get that far (I can only hope)?

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  • 1 month later...

Happy days, they settled in full 4 days before the court date. Thanks to everyone for your help, I have given a donation to the chap that helped me start these proceedings, he has donated money to this site.

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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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