Woolwich Bank Charges (merged)

christmas_fairy_3

Friday 2nd March
Have just recieved the court details and the defence issued by Barclays is baffling to say the least. I am not sure I understand most of it. I don't know if I should and if so do I need to reply to each defence point, or whether to jsut let it run and hope for the best. I have a questionaire to fill out, for which I have found helpful posts here. but I am terrified of actually going to court.
Most baffling is that the first Defence point states that "The Particulars of Claim do not provide details of the account in question or precise charges alleged to have been unlawful, or the date thereof. TO the extent that it is alleged that the Claimant incurred bank charges on her account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof"
Now I know that I originally sent all the details to the Woolwich which due to the takeover was referred t Barclays, including dates, but did not put them on the online claim - should I have done so (I just put the total and the date range), do I have to reply to this??
Most worrying is the last defence
"In the alternative, and without prejudice to the matters set out above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, The Defendant has nonetheless suffered loss and damage as a consequence of the Claimant's breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the DEfendant is unable to rely on its express entitlement to enforce the charges as set out in paragraphs 2 to 3 above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the set charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the claimant."
HELP! what does that mean? that I'll lose out either way?
I am so confused now, can someone help please?
By the way the court fee is another £100

Edinburghlass_2

You need to read the AQ guide in the Reclaim Help Thread, link in my signature along with this thread with questions and answers.

bertietheboxer

Just been refunded £500,was £100 short of total charges but decided not to quibble for that,However on another account they are point blank refusing to refund any charges,they are saying "The methodology used to determine whether or not to refund charges is confidential to Barclays" WHAT DOES THAT MEAN... I have filed a claim in small claims court now,bit worried and very confused because my account is with the woolwich and i not only get the occasional response from them but also Barclays and on my claim form i have put the Woolwich as defendants only please tell me that is ok..can someone ease my mind..thanks

pinksorrell

I got as far as letter before action and received an offer from the Woolwich for a part of my claim. They offered £310 to my claim of £702.50. This was back in December. Due to personal reasons I have been unable to follow up my claim in the interim but now am in a position to do so. Since December the bank has added more charges to my account and I am not sure whether I need to write to inform them that my claim has increased or add it to the figure for charges in the court claim. Maybe I should send the Woolwich a letter informing them of the increase in my claim AND take them to court at the same time. Does anyone see any problem with this course of action?

First time on here too so not sure what to expect.....

lfc1983

Send them a new letter with the new amount, give them 14 days then take them to court.

lfc1983

that should be ok as your account is with the woolwich. barclays just own them.

bertietheboxer

I am getting really worried now though, what are the chances of me having to go to court or will they settle early ?

Edinburghlass_2

I've popped your posts into the Woolwich thread, not one of the easiest/quickest banks to deal with.

Edinburghlass_2

pinksorrell wrote:

I got as far as letter before action and received an offer from the Woolwich for a part of my claim. They offered £310 to my claim of £702.50. This was back in December. Due to personal reasons I have been unable to follow up my claim in the interim but now am in a position to do so. Since December the bank has added more charges to my account and I am not sure whether I need to write to inform them that my claim has increased or add it to the figure for charges in the court claim. Maybe I should send the Woolwich a letter informing them of the increase in my claim AND take them to court at the same time. Does anyone see any problem with this course of action?

First time on here too so not sure what to expect.....

You would need to send the letter before action again with your updated claim. Did Woolwich pay the £350? If so obviously you need to take this off any claim and say you accepted this in part payment and without prejudice and are now proceeding to court for the remainder.

pinksorrell

I didn't send back the acceptance form to accept the £310 from the Woolwich cos I was under the impression that it would interfere with my claim for the rest of the charges back. There is no closing date for acceptance form so I could accept the £310 immediately and, I assume, enclose a letter claiming the rest of the amount plus the recent charges?