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.
I have just used moneyclaim to issue court proceedings to claim back £2700 from the RBoS.
They acknowledged the claim and now have defended.
I was expecting a form from the court to fill in and send back which I was ok with but I have just recieved a letter from the banks solicitors.
They are asking for clarification of all dates,amounts and reasons for charges.Also in relation to each charge an explanation as to why I contest it and how much I think should have been charged.
In addition they say "In your claimyou state-an unfair penalty under the Unfair terms in Consumer Contracts Regulations 1999"
"PLease specify all of the facts relied on by the Claimant in support of the contentions and in particular please identify the regulations relied upon by the claimant in alleging that the contractual provisions referred to are unenforcable"
If i don't supply this info by 6/07/07 they say they can apply to the court for an order to "strike out the claim"
HELP i have not read any other case like this what do I do ???
Pretty much every case submitted via MCOL received this letter.
It's because you haven't given them a full list of all the individual charges.
All you need to do is send them (and a copy to the court) the list of charges, listing the date of the charge, the amount of the charge and the reason for the charge (the reason stated on your statement will suffice).
You don't have to answer their questions, just tell them that the answers they seek will be contained in your court bundle when submitted for the hearing.
Thanks Kurt! Me too. I've received the same letter this morning and need to get the information to them before the 9th. I had sent a list of charges but I hadn't stated the reason for each charge.