Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My first post!! I've actually been following the directions laid out on moneysavingexpert.com before coming across this sight.
My claim is at the stage where I have sent two letters to the bank (given sufficent response time) and just this evening I filed my claim using MCOL.
My story so far:
- Checked back through my statements for charges in teh last six years. (I still have them!). I then used the calculator on moneysavingexpert.com to work out the total including interest.
- 22nd May 2006 - Letter to lloydstsb asking for my money!
- 30th May 2006 - Standard letter from Lloyds saying No!
- 06th June 2006 - Letter to Lloyds informing them I'll start court proceedings in 14 days
- 21st June 2006 - Following no response - filed claim using Money Claim online.
I've now just been scouring the pages here and see that there may be a problem with vague claims.
Now I'm doubting what I have done as there is so much info here to sift through and I'm now completely confused!
Does anyone "in the know" fancy helping me out and looking at what I have done to see if I need to make adjustments to my claim???
HELP!!!
Certainly can... this is what I'm worried about. No account number or schedule...although both were included in both letters to Lloyds.
Anyway....
1. Between 28/09/01 and 02/01/07 the Defendant debited numerous charges from the Claimant’s account.
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
4. Under section 69 of the County Courts Act 1984, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £356.79 accruing at the daily rate of 0.021% until judgment or payment.
5. The Claimant asks the court to enter judgment in their favour for £1421plus interest, totaling £1777.79.
1. Between 28/09/01 and 02/01/07 the Defendant debited numerous charges from the Claimant’s account.
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
4. Under section 69 of the County Courts Act 1984, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £356.79 accruing at the daily rate of 0.021% until judgment or payment.
5. The Claimant asks the court to enter judgment in their favour for £1421plus interest, totaling £1777.79.
That is quite an aggresive claim - where did you get it from? I assume that you have not recaived a defnce yet?
Have just been reading a 'case lost thread'.... and now I'm worried...
If I'm honest I have just done what I was told by moneysavingexpert.com, using the templates it gave me, without really understanding everything that may be involved.
This has made me realise, (hopefully in enough time), that this probably isn't just going to fall in my lap, and that I may have to actually go all the way.
SO..... I'll be doing the rounds on these threads and searching fro all the information I can find, but I'm after a kick start from someone.
What should I be looking for right now? I see that T's&C's are mentioned a lot! Do i need the original ones that I got when I opened the account? What exactly is the wording I'm looking for?:?
robj VS lloyds
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Re: robj VS lloyds
Originally Posted by ROBJARV
