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.
Well with the advice of Janus, hopefully I'll be able to start my own thread. Never was one for sewing!
Brief history (for those starting, halfway there or in Limbo):
S.A.R sent 9.3.07. Statements received 24.3.07. Pre-Lim letter sent 1.4.07. Fob off letter received 9.4.07. Filled in and filed NI form on the 24th of May. Acknowledged by Wragges on the 4.6.07. Received offer on one account on the 4.6.07. Letter of rejection sent on the same day. Defence papers received 16.6.07. Allocation Questionairre received 19.6.07. Wragges filed theirs on the 20th of June, I filed mine on the 25th. Only word I have had so far is a letter from A&L to say that as they had not paid a cheque for £14.98 they had now charged me £34 plus a further £25 to be taken on the 29th of June for going over my little overdraft, which I might add consists solely of incurred 'knock-on' bank charges.
In their defence paper, paragraph 22. Overdraft/Set-Off. It says the following:
In any event, if at trial the trial of this action the Claimant holds overdrawn accounts with the Defendant, then even if any money is due to the Claimant by way of refund, then the Defendant is entitled to and claims to set off the sum refunded against the overdraft sum then outstanding on that account(s) and owing by the claimant to the Defendant.
Talk about wanting their cake and eating it. If there were no charges etc, then there would have been no overdraft owing. I know I could have solved this problem by paying it off, but I did, twice, now I am trying to keep it below the 'cut-off' point. The account is not used, and the cheque for £14.98 was one that got sent out at the beginning of February but was not presented until the 6th of June. Unknown to me A&L had taken out a £25 Unauthorised Overdraft Charge on top of the £5 overdraft charge so this put this account just on the edge. If they had of honoured this cheque I would have only been overdrawn by £4.50.
So I hope the above will be of some use to some one.
You've done it Squarebob ....
You've got your very own Thread
Just called in to sing you this song
Theres a new dance thats going around -
called the Bump - Do the Bump.... or do you prefer the Hussle
Good Luck Squarebob
Alice x x x
I assume you have a parachute account in place - so when they threaten to close your account you can tell them to do a square dance
jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
I did post a reply, this computer is only a year old, and is already getting tempermental, so when I hit the submit reply button, it vanished! I have a parachute account, I had two accounts still open with N-Wide, stopped using them for the same reason that I have stopped using A&L. With N-wide they cleared out our current account to pay off a large chunk of their credit card that we had, the bank charges just kept on mounting up with N-Wide as a result of that. Took me ages to get that mess sorted out. And it's quite hard keeping 4 accounts open now, even though one account with A&L is not in use, the other still has some dd's going out, and knowing A&L for what they are, they have to fed, otherwise----!
was i imagining it or was there someone on A&L in court today? I can not remember what thread I saw it on?
Or maybe it was someone who settled?
jansus
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Have had a look around, can't find anything, there was some one who got their claim settled less the interest who posted on the end of some one else's thread, could this be the one we are looking for?
Only just saw that Alice got in before me, how? I'm sure that there was no reply to Janus prior to mine! But it looks like the answer we are looking for. It's my daughters birthday today, must have had too much G&T.
Only cakes left in Somefield was a football, (that would have gone down well), and a 'Mega' chocolate one. Remembered what happens when my son sees cake, so got that one instead. Did the right thing, nothing left, as soon as he saw it. 'Whoosh'. Only just managed to get a spoonful before the rest vanished. Then I was left to do the washing up and wonder where the past ************ years disapeared to.
Can some one please explain the logic behind A&L or another financial institution dragging their feet the way they do? The end result is going to be inevitable, so why prolong the agony! 'Sadists'
And yes mimi jane, I did leave some cake out for you and your fairy friends.
Hi Squarebob,
Basically, for every claim that goes to court there are probably ten people who don't go that far, therefore, A&L are actually saving money on those people who ditch their claims. It's worth their while prolonging the agony
Jo
HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed
HFC Bank Take 2 - Statements received
A & L - Prelim sent/LBA sent
Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent
A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected
Abbey (for my Sister) - ***Won***
Barclays PPI claim
Studio - ***Won***
HSBC - (for my brother-in-law) ***Won*** 8-)
Only cakes left in Somefield was a football, (that would have gone down well), and a 'Mega' chocolate one. Remembered what happens when my son sees cake, so got that one instead. Did the right thing, nothing left, as soon as he saw it. 'Whoosh'. Only just managed to get a spoonful before the rest vanished. Then I was left to do the washing up and wonder where the past ************ years disapeared to.
Can some one please explain the logic behind A&L or another financial institution dragging their feet the way they do? The end result is going to be inevitable, so why prolong the agony! 'Sadists'
And yes mimi jane, I did leave some cake out for you and your fairy friends.
Squarebob
Thanks squarebob, I knew you wouldn't forget about me
I quite agree about the banks dragging their feet. OK, some people will be "frightened off" and stop their claims, but A&L must have to spend a hell of a lot of money on solicitors as they take these claims (nearly) to the end. I suppose it must be worth their while though. I can't understand why the courts haven't had the power to stop their games ... it's a total waste of their time and so much stress on claimants and, like you say, the end result is almost always inevitable.
Hope you enjoyed the cake, if you never took it, it must have been those naughty goblins. Have to have a word with Noddy about them!
Prior to filling in my AQ, I found an article re a new strategy on what to put with the questionnaire on the Abbey forum. Basically it was about asking the judge to order a 'strikeout' on the grounds that the Abbey had no intention of turning up, giving examples of settled cases and attaching a text of order made by Lincoln county court etc. After a sleepless night, I decided not to use this version, but use the standard one as I did not want to aggravate things. After seeing what happened at Leeds, I wish I had used this version. Maybe I'll get a chance to use it when we move onto the next stage.
Hope you enjoyed the cake, if you never took it, it must have been those naughty goblins. Have to have a word with Noddy about them!
Prior to filling in my AQ, I found an article re a new strategy on what to put with the questionnaire on the Abbey forum. Basically it was about asking the judge to order a 'strikeout' on the grounds that the Abbey had no intention of turning up, giving examples of settled cases and attaching a text of order made by Lincoln county court etc. After a sleepless night, I decided not to use this version, but use the standard one as I did not want to aggravate things. After seeing what happened at Leeds, I wish I had used this version. Maybe I'll get a chance to use it when we move onto the next stage.
Have a good weekend
Squarebob
Hope the above goes to the right place as I could not find where your sewing began and ended.
You're obviously completely useless with a needle and "thread" squarebob
Just got your PM thanks and also the email to tell me you'd replied to your own thread
Never got to have my cake (and eat it) ... personally I blame Alice, nothing's sacred with her around (Only joking my dear).
Yes, wish that article had appeared sooner, it would definitely have been worth a try ... mind you, at the end of the day, it's always up to our local judges and their opinions, so it wouldn't work in every case.
Have a great day (indoors preferably with all this rain around)
Squarebob v A&L
, which I might add consists solely of incurred 'knock-on' bank charges.
Reply With Quote
Originally Posted by squarebob
I can't understand why the courts haven't had the power to stop their games ... it's a total waste of their time and so much stress on claimants and, like you say, the end result is almost always inevitable.
(Only joking my dear).