dylon vs the woolwich

[dylon]

I have sent the woolwich all 3 letters got standard letters back deadline is the 28th feb,last letter said all info has been passed on to barclays HO I will hear from them within 8 wks,what do I do now?HELP

[Michael Browne]

File at court 14 days after your LBA.

[clairec]

Hi there dylon, my advice would be to proceed within the deadlines you set. I waited after recieving the letter telling me i would hear from them within 8 weeks, they offered me £1000 after about 4 weeks. Personally I wish I had just pressed on because I want a FULL refund. Its just another way of delaying you taking them to court.

Hope this helps

clairec!

[dylon]

Thanks Clairec for your advice I will file at the court on MY deadline

[dylon]

The woolwich have charged me over £5000 in costs do I reduce my claim so as to stay within the small claims court

[twisted-pixel]

I have the same question...I'm still waiting for my statements to show how much they owe me but I strongly suspect it will be over £5000. It seems that some people do one claim for over £5000 and some split the claims up..one for £4000 and one for £2000 say. I think it is all to do with court processes and court fees though.

[dylon]

Thanks twisted-pixel,that's a good way of getting around the claim limit

[dylon]

Thanks Micheal for the reply,do I ring barclays H.O to remind them of the deadline?

[Michael Browne]

No

[dylon]

Thanks again Micheai

[dylon]

I am going on MCOL to start my claim do I issue it to the woolwich HO or barclays HO, I got letter from barclay's HO today offering £1000.00 as a goodwill gesture,do I reply saying thanks but no thanks?

[Advoc8]

If you don't want to accept the £1000 as settlement, then say thanks but no thanks.

[dylon]

Thanks Advoc8,I am after £5000.00 in charges,etc.who do I issue my claim against woolwich or barclays

[Advoc8]

Barclays Bank PLC t/a Woolwich

[dylon]

Thanks again Advoc8

[dylon]

Because my schedule of charges sent to the woolwich is over £5000 do I reduce the claim when I go on MCOL,also I'm not sure of the date I opened my account it's at least 15yrs or so,I haven't included any interest do I have do this?

[Advoc8]

1. Date of your account not crucial just put (for example) 'opened prior to 1992'.

 

2. Splitting the claim. Up to you - I'd do it as one lump to get it over with but it depends if you are in a position to pay higher court and allocation fees or not, plus you face a risk of higher costs if your claim is fast-tracked, goes to court and you lose.

 

 

3. Interest - yes include this for MCOL

[dylon]

Can I reduce the claim to £4999 and start a new claim for the rest plus other charges they have made to my account since I made my first letter was sent

[Advoc8]

You can but you might want to wait until the first one is settled before you start the second as the court can use its case management powers to merge your claims if it feels so inclined.

[dylon]

Does it make things diffcult if I reduce the claim as my schedule of charges total £5,338.50 and then start again by issuing new letters for the rest of the charges?

[Michael Browne]

Personally I'd keep the claim as one. You are only just over the limit and you can apply to keep the claim in small claims in your AQ and Barclays may agree to that, since banks aren't keen on Fast Track because of Standard Disclosure, which means they would have to reveal a breakdown of their costs. The chances of you losing and therefore being liable to up to £750 costs are negligible

[dylon]

Computer packed up last night missed my deadline which was yesterday going to go on MCOL now is this ok.

[Advoc8]

Yes, this is fine. Good luck.

[dylon]

I haven't sent the woolwich my spreadsheet which includes my interest should I send a copy?

[Advoc8]

Once you've filed your claim you can then do so. You also need to send a copy to the court. Make sure your name, the bank's name and your claim number are clearly marked on all copies. Put in a covering letter explaining that this is the schedule of charges to accompany your claim and in your letter to the court ask them to add it to your claim form.