Brooksdad v Woolwich

[Michael Browne]

The 6 years go from when you first became aware of the unlawful charges and contacted the bank about them ie the DPA request, not from the date of filing your claim

[Michael Browne]

Ok, i've just looked at MSE DPA request and the CAG one is a little more explicit as regards this, since it includes this paragraph:

 

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

That said though, as far as I'm aware only Natwest routinely dispute charges made beyond the 6 years from the date of filing at court rather than the DPA letter, but invariably pay up when challenged and quoting s32 of the Limitation Act.

[Michael Browne]

other notification, to DCA as well

Where did they pop up from? A few details might help.

[Michael Browne]

Schedule of charges is just a list of type of charge , amount and date.

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

[Michael Browne]

Yes, just start a new thread in the her banks forum

[Michael Browne]

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

This normally works fine. The only thing I can think of is that you may have deleted/altered a formula. All I can suggest is that you open a new s/s and try again.

[Michael Browne]

LBA + schedule (I have ready, inc 8% interest) do I still send after 14 days

Yes, send the LBA 14 days after the date iof your prelim,ignore their timetable. (but schedule without 8% interest)

[Michael Browne]

One possibility may be filing a claim at the County Court local to their registered office, this works from Scotland but not sure if this applies to NI. See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/16987-scottish-claim-london-county.html?highlight=London+CC

[Michael Browne]

It seems The Civil Jurisdiction and Judgments Order 2001 applies to NI

 

The Civil Jurisdiction and Judgments Order 2001

Interpretation

1. - (1) In this Schedule -

 

"court", without more, includes a tribunal;

"judgment" has the meaning given by Article 32 of the Regulation;

"magistrates' court", in relation to Northern Ireland, means a court of summary jurisdiction;

"maintenance order" means a maintenance judgment within the meaning of the Regulation;

"part of the United Kingdom" means England and Wales, Scotland or Northern Ireland;

However over £5000 would mean Fast Track, where you would be liable for costs of up to £750 if you lost, but there is Standard Disclosure, which means the bank would be forced to disclose a breakdown of their costs, something they have steadfastly refused to to do. Plus, assuming you managed to overcome the Woolwich's local County Court possible initial reluctance to accept the claim, should there be a Direction Hearing/ Case Management Hearing, you would have to travel to England to appear.

 

If all this sounds too involved, it might be better to split the claim as Paddym suggests.

[Michael Browne]

I have decided for now, to file, but ignore, this letter until possible future contact from them (or their clients, Equidebt).

 

Yes wait for the letter offering 100% discount

[Michael Browne]

I requested Barclays NOT to send me Cheque payment last Jun (07) at Part Settlement stage but to reduce account debt by the amount agreed.

If Barclays had used this to reduce the debt then by now you would only owe £2000. What happened to the cheque for £3000?

[Michael Browne]

 

I requested Barclays NOT to send me Cheque payment last Jun (07) at Part Settlement stage but to reduce account debt by the amount agreed.

 

Last June you were perfectly happy for Barclays to use the part refund to reduce the debt, ie you would not have had use of it nor put it in asavings account, but you would have only owed £2000

 

I would HATE to give it to a DCA to help reduce original debt!

 

Now you don't want to part with it, yet seem to be outraged they still want £5000.