Mick vs Woolwich

[CrikeyMick]

Hiya

 

I'm all ready to delivery a DPA request by hand to the Woolwich, but the account is in my wife's name only. Does anybody know if it came to court would I be able to stand instead of my wife (as she wouldn't be willing to do that and it would rather make action difficult to pursue)?

 

Regards

 

Mick

_____________________________

Yorkshire DPA sent 09/06/05

Woolwich DPA due 16/06/05

Abbey DPA in progress

Abbey Mortgage DPA in Progress

Capital One Settled £20

[Guest Mumofthreeboys]

At the very top of the forums page there is a 'buddy' system. Either you can go (I think) or she could appoint a 'buddy'.

[CrikeyMick]

Thanks for your quick reply. I've had a look at the buddy system (as I thought I could use some help myself) but my understanding was that they provided support rather than acting on behalf of the plaintiff.

[Guest Mumofthreeboys]

I think you're getting a little ahead of yourself.

 

I don't think it will get that far, but IF it does, there'll always be someone to go with you - moderators are always up for it ;-) .

 

Cross that bridge when you get to it!!

[CrikeyMick]

Thanks again for your input, but I think you may have misunderstood my question. I am not looking for support, or for outside help if and when things go to court. What I am wanting to know is this; If my wife will have to stand for her own case or can I as her partner stand for her if it does happen to go that far?

 

I am asking this now because although I will go ahead with action regardless I know that if things do go to that stage she does not want to physically go to court. IE can I have power of attorney (if that is the correct legal term) to act on her befhalf in the recovery action.

[Guest Mumofthreeboys]

I would have thought she'd have to attend (just guessing), but I can't see why you couldn't be her buddy!!

[closey]

This website:

 

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

 

states:

 

A lay representative has the right to speak on behalf of a party at the final hearing, but only if that party attends the hearing.

[CrikeyMick]

Excllent, thank you. That was exactly what I was looking for. Well not quite, but it does answer my question .

[closey]

You're welcome, best of luck.

[CrikeyMick]

Ok, no reply to my original polite request for details of bank charges (not that I expected one, but that was before I found this site and I did give them 14 days to respond, and so have waited).

 

DPA letter hand delivered to local branch.

[closey]

In your DPA letter did you remind them that you had alread given them 14 days?

 

Woolwich on the whole are very slow at responding. Reminder you set the timescales not them.

[CrikeyMick]

Hmm, you know I didn't even think of that. I did the same with the Yorkshire bank as well, but they respond much quicker so it didn't even occur to me to include that.

 

I don't suppose I could refer to my initial letter in any follow up I send to them?

 

______________________________________

Capital one - Settled. £20.

Yorkshire - DPA sent 10/06/06

Woolwich - DPA Hand delivered 16/06/06

Abbey Morgage - Preparing to send DPA

Abbey Bank - Preparing to send DPA

[closey]

Of course you can. Also make sure any letters you sent are recorded delivery otherwise they will tell you it was never received.

[CrikeyMick]

I have been handing them to the counter staff in person, but if I did have to post anything I'll make sure it is recorded delivery.

[closey]

That sounds good. When you hand them in, get them to sign for it as well.

[CrikeyMick]

Ok, been patient and it's been worthwhile. I didn't get any complaint about not disclosing manual interventions, and have received a huge amount of paperwork which included a complete list of every log entry made onto the account. (Strangely they are duplicated at least once each and sometimes one log entry is repeated over and over for more than a couple of pages) I also got my £10 SAR fee returned.

 

I've gone right through the statements and the statement of charges supplied and am happy that they have got them all on their charges list. (There were a couple that had been refunded directly at the time they were taken) That means that in total I am going to be claiming £6,237, spread over two claims. One larger claim for Returned cheques, Guaranteed Cheque charge and Forced Debit Card charges. With a second and smaller claim once the first is completed for Unpaid Direct Debits, Debit Interest, Unpaid standing orders, and Unauthorised daily overdraft fees.

 

So Prelim letter going in Post Tomorrow for £4613.50.

[closey]

Wow, that's a whole heap of money. Best of luck, sounds like you've got it all under control

[CrikeyMick]

Sure is, I had expected it to be less than half of that. I was shocked when I got the details yesterday, but I recover quickly

[closey]

I'm sure you'll recover even more then it's back in your account!

[CrikeyMick]

Took me a day longer than I expected (due to not being able to get to a post office that was open), but the prelim letter is on it's way to my local branch now recorded delivery.

[CrikeyMick]

14 days are now up and so the LBA is in the post, or will be when I get to the post office tomorrow. They completely ignored by Prelim, wonder if I'll get any reply this time

[CrikeyMick]

Nope didn't get any reply within the deadline. I got a reply from the head office stating that they would get things resolved in a timely manner, but it was already way past the deadline. So having waited all month for payday to come around again the MCOL was completed yesterday and I've just had the confirmation letter stating that it will be deemed to have been server on the 5th of September.

 

Time to sit back and wait again.. I'm not in any rush

[CrikeyMick]

Woolwhich have entered their defence, am just waiting to receive a copy myself.

[CrikeyMick]

Not happy with Teesside court. They issued the standard notice about disclosure on Friday the 11th November, Dated 30th October and giving a date of 13th November to have full disclosure of documents delivered.

 

Not that the bank have done that yet. Should have them ready to send out for next week end.

[CrikeyMick]

Well it looks like my previous post is irrelevant as yesterday I received an offer letter I am going to accept. Can't say for how much as it has a little confidentiality clause, but I will say I was very pleased with it, especially as Christmas is just around the corner.

 

Have notified the court (by lettter) that we have an agreement but won't close the case until I have the money in the account.