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.
This procedure has been relatively straightforward compared to other threads on this site.(I'm processing this on behalf of my son who has been and is still being robbed by nat West) Even at this late stage they are taking charges off him.
I set the ball rolling on 31 March after receiving statements and calculating what was owed by NW
1st letter - no response.
2nd letter (recorded delivery) - letter back saying 'your statements will be with you shortly and we note the comments about your charges'.
Small claims after the required time frame - NO response
So Judgement time -Pay up by deafult and the court sent Nat West the Judgement and still no response.
Today is the seventh day since they received it. My contact at the small claims court tells me I can now pay to follow up with enforcement/bailiffs. Could there be a photo opportunity in the offing?? Phone to bank tomorrow will decide.
I'd like to see the bailiffs go and do a "walking posession" in your local Natwest branch... "computer, £100. Swivel chair, £5. Desk, £20..." That would be ace!
Sadly, they'll probably just pay up double-quick snap once they realise they face public humiliation.
Why are you phoning the bank? Just send in the bailifs. You can contact the media when you know the date the bailifs are going in, but you'll have the money by then, or they'll apply for a set-aside - most probably.
From other cases i have read about that got to this stage the bank applied for the judgement to be set aside, you might want to have a look for one of these so you're ready for anything you may need to do if this happens.
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
Can they still apply for the judgement to be setaside after the 7 days has lapsed? I thought that was the final decision from the court that Nat West had defaulted -not responded-and had to pay.
When my son rang them the legal team was unavailable (bit busy maybe?) and the customer relations guy's response to the next step of enforcement was 'Do what you've got to do'.
I will process the enforcement but read other threads first to get more info.
Than can most certainly apply for set-aside, pretty much whenever they like. So far, it's only been done as another delaying tatctic and to save face; ie "we never lost the case, we just settled out of court because of the costs".
Enforcement warrant requested today cost £55
Made the first claim via Small Claims court on 24/4/06
Judgement on 1/6/06 so now it's bailiffs.
Do they just think we won't do it and take it to the end? Spoke to the Small Claims helpline who advised me that "bailiffs probably wouldn't be appropriate for a bank!!!! and that there are different types of enforcement, (news to me)The court might summons a director and get him to explain to the court why he hadn't paid up" (responded even).
Anyway I've processed the warrant bit, they can do what they like now as long as the money comes back.
Enforcement warrant requested today cost £55
Made the first claim via Small Claims court on 24/4/06
Judgement on 1/6/06 so now it's bailiffs.
Do they just think we won't do it and take it to the end? Spoke to the Small Claims helpline who advised me that "bailiffs probably wouldn't be appropriate for a bank!!!! and that there are different types of enforcement, (news to me)The court might summons a director and get him to explain to the court why he hadn't paid up" (responded even).
Anyway I've processed the warrant bit, they can do what they like now as long as the money comes back.
There are different types, yes. Like Garnishee orders and things. You can probably find them if you Google the right terms.
I think baliffs are actually the most relevant to banks as the others involve blocking salaries and taking the money from someone who owes the bank money (garnishee) which would be very difficult to enforce.
Most banks I can think of have lots of expensive computers for starters which should cover your claim easily. Or perhaps those large safes full of money...
By they way, did you post how much the claim was for? If not do you mind me asking what the total is?
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
Thanks cornflake, I am still not au fait with the lingo. Completely different language to me.
Natwest owes my son £3063.95 that includes interest since date of claim (and small calims fee of £120) and not including enforcement fee of £55. The charges are over 4 years. And they are still deducting money as we speak. Small claims court are telling him that all charges will be refunded.
parachute account in place, once I know where and when I'll post the info and contact the press re bailiffs in Natwest.
Have been reading this site all night and just wondering. Ulster Bank are Natwests sister bank in Northern Ireland. Everything on this site relates to English/Scottish law but I am assuming that as we are all in the UK that the laws relating to bank charges will be virtually identical. If anyone knows of any reason this may not be true I would be most grateful to hear from them. I intend to send of my DPA on Monday to test the water anyway.
I think the law is the same, but English & Scottish law differs on the fine details of the small claims court. No idea if NI uses English law for this or if you have your own system. Maybe a phone call to your local county(?) court would answer the question? Unless somebody on here already knows the answer...
Edit : And it's best to start your own thread, maybe in the General area rather than "threadjack" this one - it's less likely to be read here unless somebody is already following this thread (like me...)
Can't beleive it until the cheque (£3k+) arrives but have been told by the court that it will be with us next week. bailiffs went in to Natwest - Local Branch - and retrieved my sons money.
Your donation will be with you shortly, can't thank you enough for your hard work and constant support with this process.
I am not good at detail and hopeless at forms, didn't put the Head Office address on and still got the cash. Don't sweat the small stuff fellow forum users, just keep at it. This system works
MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !
NatWestSETTLED IN FULL 25/08/06 Capital One settled in full 12/10/06 LTSB prelim letter sent 25/08/06
LTSB standard prelim response received 02/09/06
LBA sent 15/09/06 DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
That is excellent!!
That's the best one yet! The thing is as well bailiffs can come straight in if the doors are open (as they obviously are with banks).
Well done.
EDIT: Just read your earlier post. Did you let the press know? A photo of baliffs walking into a Natwest branch would make my day!
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
Thanks for the responses and to whoever changed the title to WON. I tried and it didn't work.
The bailiffs told us that there would be a two week wait for them to go in, so when we rang to find out the date time etc, they'd already done it. I was going to inform the local press but they were too efficient.
It would have been such a great story.
Thanks again to Dave and the team, you are excellent!
Thanks for the responses and to whoever changed the title to WON. I tried and it didn't work.
The bailiffs told us that there would be a two week wait for them to go in, so when we rang to find out the date time etc, they'd already done it. I was going to inform the local press but they were too efficient.
It would have been such a great story.
Thanks again to Dave and the team, you are excellent!
The press might still be interested in the fact that they did actually get as far as going into the branch. I'm sure the baliffs would be happy to confirm it.
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
GREAT NEWS!!!!! Well done, what would some of these boys do without their mums x
I am fighting for my son too! They have filed a defence in his case though - much the pity!
7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey
Accepted £291 chq cleared 28th July
7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug
The Enforcer **WON**
. Could there be a photo opportunity in the offing?? Phone to bank tomorrow will decide.
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Re: The Enforcer
Re: The Enforcer
Re: The Enforcer
Originally Posted by sue glenton
Re: The Enforcer : "Your Cheque is in the post"
MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !
don't be like the banks - give a little back 
