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.
Just wanted to clarify that I am doing this right! And also any advice along the way by all of you would really help.
Am just going to post my case to date and hopefully we can share if information with regards to standard responses!
I asked for SAR on Friday 2nd June and had a standard response asking me to send a fee of £5 for statements or £5 for a full SAR, Incidentally I have all my statemens so I calculated the amount myself.
Sent the Preliminary Letter last Friday 9th June and received a standard response again dismissing my claim from the elusive Stuart Higley.:-|
Am now going to send a lba and see what happens from there? Does this sound about right?
Just want to make sure i am not going toend up incurring all the court costs in case it does get that far!!
Incidentally my claim is only for £692, but that is a lot of money to me. I hope this does not make a lot of difference to the process.
Anyway will keep you posted, i will send the LBA tomorrow.
You will not end up paying their costs. Even if it ended up in court (and the words snowball and hell spring to mind here), it would be small claims court, where costs are not awarded unless you suit was frivolous, which it isn't. That's why we have a letter by letter procedure so that you can show a judge you tried to stay out of court.
Apologies to people who I was in the process of helping, I may be gone some time.
welcome to the site! as you have all your statements you don't need the SAR so forget that. pat yourself on the back for being so organised
sounds like you are doing very well but do read up all about letters before action, it seems to help if u can personalise it yourself. there are loads of suggestions if you do a lba 'search'.
Be sure to give them the correct notice period (check templates) and wait for their response.
it may then go to online claim, but the costs will be relatively low considering your claim is under £1500. r u entitled to a discount? anyhow you'll get it back when they settle!
let us know how you get on
good luck with the LBA
kate
I have managed to get anther set of contat details for a Michael Duncan colleague of Sir Fred Goodwin CEO of Natwest and RBS- his mail details are as follows; michael.duncan@rbs.co.uk
I sent my lba yesterday and am waiting for a response, I send verything by email and post so i know that they have received my email letters as it has been read- I asked for a read receipt and delivery report!!
Now just a waiting game! Will keep you all posted.
Just found out that I will have to pay £30 to start the court proceedings on moneyclaim online. And yes you are right I do get this back.
I soke with an very sympathetic and interesting advisor yesterday and she agreed with everything that I said, surely not good for company image- even the Natwest staff have no confidence in the way that charges are applied!!!
Anyway willlet you know of the results of mt lba!! Here's hoping and fingers crossedxxxxxxxxx
I made a call yesterday to just check that Stuart Higley received my letters and I actually managed to speak with him! So he is real!
This morning I have receved a response from him against my letter before action and he is standing his ground saying that they will not refund any charges.
Do I now register my claim and give them 14 days? Do I send a letter before to advise that I am starting legal proceedings?
From my understanding by reading the FAQ's I think that I should now simply register the claim on money claims online? Just want to clarify that I am doing this right!
Hi Lena
From your lba you gave them 14 days to respond. You've been lucky cos they have responded quickly to tell you to f off! Therefore you are free to start Moneyclaim, you entered into reasonable written correspondence, got no result, so sue them for the return of your money.
best of luck
kate
I am going to register the claim on money claims online today. I can't beleive that they are doing this, my claim is only for £700 what's the point? If they think that I am going to give up or give in they have another thing coming.
I am a typical Leo, very stubborn and very determined so they better just hold onto their hats because i am annoyed now!!!
"I am going to register the claim on money claims online today. I can't beleive that they are doing this, my claim is only for £700 what's the point? If they think that I am going to give up or give in they have another thing coming."
EXACTLY! Thats what they are hoping. Thank the Lord for The Small Claims Court. so mere mortals like us can fight for the return of our money however large or small an amount without being deterred by legal costs.
They will settle soon, let us know if they acknowledge, ignore or defend.
you're not in any trouble hun I think it's just down to personal choice whether to file after the sod off or after the 14 days, some do it one way some do it the other way.
Keep your chin up hun, you're getting there step by step, just keep thinking of that little financial bonus light at the end of the bank's rsole/tunnel
Bandit
08-05-06 - Data Protection Act sent to NW
08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)
25-05-06 - Statements and Data Protection Act received (14 days)
07-06-06 - Prelim letter sent to S.Higley claiming £1226.03
09-06-06 - LBA sent, due to negative response
29-06-06 - Claim served (Acknowledged 30-06-06)
27-07-06 - NW's Deadline - received 27-07-06
24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned
20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED
05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED
Oh thanaks for that Guys. I was worried for a minute there!
I decided to cver my back and email again to both Stuart Higley and Michael Duncan just to let them know that since they have failed to oblige to the lba a claim has now been filed. Overriding the 14 days as they have responded negatively.
Just checked the status of my claim and it shows that ut has been accepted by the courts and was issued on 19th June 2006. That gives them until July 6th 2006 to file a defence.
When I emailed Michael Duncan I expressed that i would be sending in an additional full SAR request as per the DP Act- and asked if he could clearly identify where the charges were as said by Stuart Higley to be justifibale and if they had ever required manual intervention.
I think that they have realised that they will not win as I had an email response from Michael saying that he has now reuqested for the Senior Executives at the Customer Relations department to look into my case.
They might settle out of court who knows?? Lets hope they do!!! If not i am prepared to go all the way!
Just checked Money Claim online and they have acknowledged the claim? Tried looking at the FAQ's and explanations on the money claim website but it was not very clear what this means?
It just says that they have 28 days to respond, I take it that is with a defence?
Hi Lena
Don't panic! It's quite normal that they have acknowledged the claim, it's just another delaying tactic. They have 14 days from being served with the claim to acknowledge, admit or defend. If they don't acknowledge within 14 days you win by default. If they do acknowledge within 14 days of service that gives them a further 14 days to file a defence. You will be sent an allocation questionnaire by the court when they file a defence and the 28 days are up. This form enables the court to 'allocate' the case to the right 'track'; in this case Small Claims. Of course they may not bother to file a defence and you would win by default.
They will still settle without setting foot in a courtroom, some people have received solicitors letters 3 days before court, basically saying 'See ya in court!' Then have received the cheque in the post next day, this happened to Mountain Of Debt. Good thread to read now your at this stage.
Good luck
Kate
Re: Lena vs Natwest PAID IN FUL!!!!!!!!!!!!!!!!!!!
Fab news everyone, they paid in full including court charges. I knew deep down they would. After all they can'f prove the claim ' the charges are disproportionate, and therefore not fair'
Had a lovely letter saying they accept no liability and I am not allowed to discuss this with anyone or make it publically aware that they have paid?!!
Jus wanted to say many thanks to all the poeple that have taken time to set this site up and everyone who has responded to any of my outbursts or questions!!
I get married 2 weeks today and this will certainly be such a help!
I will make a donation, might need a few pointers on how and where to go and do it??!
Lena vs NatWest - **WON**
on Friday 2nd June and had a standard response asking me to send a fee of £5 for statements or £5 for a full SAR
Reply With Quote
Re: Lena vs Natwest
