Frank V Woolwich

[frankthecabbie]

I have recieved my bank statements from the Woolwich today . Am in shock that they have taken over £11,500 from account in charges alone in the last six years . What should I do as this figure is far too much for the small claims court .Should I only claim £5000 and write the rest off . If I take a different legal approuch what are the dangers involved to myself ?

[Thailand]

You would be liable for costs outside of small claims but you would still probably win. If you decide to use small claims then get as near as you can to £4999 using the oldest debt first, any interest would take you over but this is allowed. You would then start a new claim when you win your first and so on,

 

Good luck frank though it isn't needed and keep us all informed, Welcome!

[paddym]

yes frank follow thailands advice its never far off the mark and im sure if you read through the other threads youll find the proper course for you to take theres plenty of us here taking the woolwich on so come on down frank and join the ranks your more than welcome !

[frankthecabbie]

many thanks for your help and advice,Im unsure about the small claims forms,but will ask advice when we get to there. Thanks again Frank

[Thailand]

With your claim being in essence with Barclays PLC and bearing in mind the amount of your claim, I can only assume it will get to this stage - but a formality all the same. I'm sure they'll make you an offer before though Frank, its your call ,but I say don't take it!! Its your money.

[frankthecabbie]

I Have Today Tried To Submit My N1 Form But Have Come Up Against A Major Problem . When I Began This Claim I Was Told That I Should Get My Claim As Near To 5k As Possible And Then Add The 8% Interest On Top And That Would Still Be Okay For Small Claims Court . Today I Have Been Told At Court That My Claim Must Be For Upto 5k In Total Including The 8% Interest If I Want It To Be In Small Claims Court .what Should I Do Now ?

 

I Could Reduce The Amount I Claim For At This Stage And Claim The Rest In Further Claims As I Am Owed 11k .but That Would Mean That My Prelim Letter And Letter Before Action Had The Wrong Amounts On Them .

 

Or I Could Put My Claim In As Is But That Would Open Me Up To Their Legal Cost . Help Frankthecabbie

[Michael Browne]

They are mistaken. The interest is not taken into account when allocating which track, but is taken into account when assessing the court fee payable, which is £250 over £5000.

 

CPR Part 26.8 says:

 

(1)When deciding the track for a claim, the matters to which the court shall have regard include –

(a)the financial value, if any, of the claim;

(b)the nature of the remedy sought;

©the likely complexity of the facts, law or evidence;

(d)the number of parties or likely parties;

(e)the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;

(f)the amount of oral evidence which may be required;

(g)the importance of the claim to persons who are not parties to the proceedings;

(h)the views expressed by the parties; and

(i)the circumstances of the parties.

(2)It is for the court to assess the financial value of a claim and in doing so it will disregard –

(a)any amount not in dispute;

(b)any claim for interest;

©costs; and

(d)any contributory negligence.

[frankthecabbie]

Thank You Very Much .im Off To Court Right Now Before They Shut .frankthecabbie

[frankthecabbie]

N1 form submitted today . Fingers crossed

[paddym]

good luck frank !

[Thailand]

Any updates Frank?

[frankthecabbie]

The Woolwich put in their defence yesterday .I have until 11/12/2006 to fill in the AQ form . I know their defence is designed to intimidate me , It worked . I have come too far to give up ,but I don't feel that confident at the moment . Thanks for asking .It helps to know that others take an interest . Frank

[Thailand]

Well the Banks have been spending years putting the fear of god into people - conditioning thier little robots. When push comes to shove they are just bullies.

 

If you have any questions, just post them here - if I don't know the answer, somebody else will.

[Allyxia]

Hiya Frank and Welcom

 

Well done for posting in the right forum, hopefully now any question you have will be answered by other people claiming against the same bank as you who have extra knowledge!

 

I’m claiming against this bank as well - I'm a bit further down the line than you so don’t worry about thing for now!

 

First of all don’t panic - you will soon have your money back in your hands where it belongs!!

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me and I will be happy to help you.

 

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

Ive had three AQ all moaing onabout differnt bits and bobs that Ive either done or not done from different banks, but at the end of the day its all the same they just use different words!!!

Ive even been to court aginst Nationwide and they didnt bother to show up and I still won!!!

Keep at it! my AQ is due any day now!!! Stupid Wooly - be warned though Barclays are notorious for paying out the day before or even the morning of a court date! And with the backlog the court are havinng at the moment unless you got a court date dont hold your breath for a payout soon!!

 

 

Hope this helps

 

Good Luck

 

[frankthecabbie]

Still waiting for a court date !!!!!!!!!!!!!!!!!!!!!!!!

[Thailand]

Can't be long now Frank! Barclays are now paying up to alot of folk when you get it - one simple call!

[frankthecabbie]

So when I get a court date I should ring them ?

[Guest Mumofthreeboys]

It appears that they will offer settlement, but only quite close to your court date (as is what happened to me).

[frankthecabbie]

Does anybody know how long I will wait for a court date ? I put in the AQ form on the 11/12/2006

[Guest Mumofthreeboys]

I returned my AQ on 16th July and got a Notice of Allocation to the Small Claims Track in September for a court date in January '07.

[frankthecabbie]

Still a long way to go . I thought this was nearly over .

[dmbarfield]

Hi Frank,

 

I have heard tell of cases where court dates have been set for an allocation hearing within 2 weeks of returning the AQ and settlements have followed quite soon from after that...

[Allyxia]

Hi frank it depends on the individaul court.

 

I had one almost striaght away in fact practically before the AQ - it was yesturday BTW but I had my offer through!

 

If there anything you can do apart from twidle your thumbs is contact the court!

[Thailand]

My payment is due imminently and my court date was set for April. Whatever happens Frank its worth calling them when you get your court date. Read Welshman V Barclays for all the tips.

[Allyxia]

yeh try and find out if Rebecca Connerly is dealing with your case she is lovely and very helpful I tell you!!