Buttercup79 v Woolwich

[buttercup79]

Hi there

 

I recently started a claim for the Woolwich, to which I calculated £8351 charges (inc interest) and have sent my LBA, to which they offered £4492.

 

This is a fairly reduced sum and I would like to fight for a closer figure! I have been reading up on the court section and get the impression that it is better to fill an N1 form in than go through MCOL? Is this correct? Also I can't seem to find an address to send this N1 form to and how do I find my local court? (Its something I havent had to do before!!! )

 

Hope all you helpful people out there can help me,

 

Thanks in advance,

Buttercup79

[welshcakes]

Hi buttercup and welcome to CAG!

 

Well that's a pretty rotten offer by The Woolwich and quite rightly you can, if you follow all the steps on this site, have the full amount of your charges (and any interest thereon) refunded, so a closer figure would be £8,351.

 

You will get all the advice and support you need on this site buttercup so don't panic about the thought of court or that it's a bank - in basic speak, it's your money so you're going to get it back.

 

Okay, just so we know you've got it all right before you file an N1, can you let us know;

 

1) What sort of account is it and how far back are you re-claiming?

 

2) Did you send off the Preliminary Request and then the Letter Before Action at least 14 days later?

 

3) When you say you included interest, as long as it was interest occuring as a result of the unlawful charges you are fine. At this point you cannot have included the 8% Statutory Interest. That gets added only once you file a claim.

 

4) Have you calculated your charges and interest using the spreadsheet from this site? If not, I would recommend you download it and put in your figures as it is self updating and calculates accumulating 8% Stat Interest which you will need once you file.

 

This link http://www.hmcourts-service.gov.uk/HMCSCourtFinder/ will help you find your local county court. If you are still unsure, let us know where you live and I'll look it up for you.

 

Definitely the N1 route from now on as MCOL is snowed under and will certainly delay your claim.

[buttercup79]

Hi Welshcakes and thanks for the friendly welcome.

 

Okay - so in answer to your questions...

 

1) It a OpenPlan account from the Woolwich - and I have claimed back for the last six years

 

2) Yes I sent the Prel Request ( which they actually £4492) and then I sent the LBA to which they replied with the same offer of £4492.

 

3) This bit I am confused on and now scared I have done the wrong thing:o I used the spreadsheet from this site and added the 8% on (which is what the £8351 includes) was this not the correct interest to use? This is what I used for my Pre Request and LBA - I am really scared now that I have messed this all up:eek:

 

Thanks for your advice, I really appreciate it - just a little scared I've done the wrong thing now.

[welshcakes]

Hi buttercup

 

Ok, stop panicing - you haven't filed at court so you're fine. what you need to do is 'hide' the 8% APR column and print off the spreadsheet (because what you are legally allowed to ask back for at this stage is just the charges but not the 8%).

 

I presume the total of your claim is significantly more that the offer, even without the 8% - if it is pretty much on the mark, you should obviously consider accepting their offer.

 

So, assuming you still want to reject their offer as being way off the mark of what's due, what you will do now is take your amended spreadsheet (not showing 8%) and enclose it with a further letter to Barclays. The letter you will send is Letter No. 4 from http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html. BUT you will need to make a few alterations.

................................

Here is my offer of the altered letter:

 

YOUR Street

Town

City

Postcode

 

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request that you return to me all charges imposed on this account, totalling £xxxx as per the enclosed Schedule of Charges.

 

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days, namely £ [put in the difference between £4492 and your new spreadsheet figure]. Failure to comply with this request will result in legal action against you for full recovery.

 

*If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return any the payment to you OR *If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

*(Only put this is if they send you a cheque for the £4492)

*(Only put this is if the bank have credited your account)

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

[signature]

 

 

[print name]

 

Enc: Schedule of Charges

 

...................................................

 

[buttercup79]

Hi again

 

Thank you so much for your patience and help! but..... I'm a little confused by the astericks sections?!?? how do I know which one to put when they havent sent me any money yet?

 

Sorry if this is really simple - I think I am having a blonde moment....sorry!

 

Thanks so much again for your help - I really appreciate it.

[welshcakes]

hi Buttercup

 

If at the point of sending the letter, you haven't received it in any shape or form, you delete both (green and brown). How much £ is your claim without the 8% APR?

[buttercup79]

Hi welshcakes

 

Thanks again for your reply!

 

My claim is £6769 with the 8%

[welshcakes]

What is your claim without the 8%?

[buttercup79]

Sorry - £6769 is WITHOUT the 8% - typo error sorry

[welshcakes]

Hi buttercup

 

Okay, well you must pursue this through court and get your full settlement offered. They've tried to pay you off quick with just over 70% of your entitlement.

 

Get the letter off today registered post then on 30th July you can submit a hardcopy claim to your local county court.

 

Have you found the address of your court now?

 

Any worries you have about filling in the forms or your Schedules calculations, drop me a PM and I'll run through all the figures and wording with you

[buttercup79]

Hi again

 

I have sent my letter off today and now reading up more on the court process....

 

Thanks so much for your help

 

[buttercup79]

Hi there

 

An update on my case....

 

Sent partial offer letter off and they replied with the same £4492 offer. I was about to start the court proceedings.... but with the new info released at the end of last week about the banks and the courts I am a little unsure of what to do? Is there a chance i could loose the £4492 if i start court proceedings?

 

Please help

 

Thanks in advance

Buttercup

[welshcakes]

Hi buttercup

 

Well if you start court proceedings, the bank will almost certainly withdraw its offer which is packaged up as "a goodwill gesture" in full and final settlement to prevent the need for court litigation. You would have to sign an agreement to accept £4492 as F&F settlement so you would therefore have no case with which to go to court - it's one or the other I'm afraid.

 

Their offer is still open to you and they wll honour it.

 

If you decide to hold out for the full amount + 8%, you will likely be waiting another 12 months+ for the cheque (though it will be a whole lot bigger).

 

This is a decision only you can make

[buttercup79]

Thanks Welshcakes...... I guessed that was the answer- decision time I guess, thanks alot for your help

 

[buttercup79]

Hi there

 

Just after a little advice...... I sent my letter accepting there offer at the beginning of AUgust but they still havent paid me the money.... even tho it said on the letter it would be in my bank account within 10 days??

 

Can anyone help please??

 

thanks in advance

[welshcakes]

Hi buttercup

 

I am helping one of my friends who is in a similar stage with the Woolwich. I have printed off a simple letter on their behalf FAO of the Woolly signatory of the offer letter. It is short and to the point requesting a timely settlement for the agreed amount of £xx so that the matter may be concluded.

 

It sometimes accelerates things when you address correspondence/emails to a particular person and 'hound' them.

[puggtiracer]

We did the same thing - accepted their offer when the OFT case was announced. Our money was paid within 5 days, I think due to the fact that I included a letter telling them I still felt that the charges were wrong and I sent it by recorded delivery, so they HAD to acknowledge it existed.

 

Also, I kept calling them daily to check if the money was transferred yet, so I guess they accepted we meant business!