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'm just about to send my prelim. off to A&L for just over £600 in only 7 months of opening an account. (Thought I could save money with these guys...!)
I've noticed on their site an announcement regarding today's ongoing court case. They are suspending dealing with letters about penalty charges and say they have the FSA's permission to do this.
What will happen to customer requests for charges to be refunded?
Customers who feel they have been asked to pay fees in error should still contact us and their request for a refund will be handled in our normal way.
What will happen to customer complaints about the level, fairness or legality of unauthorised overdraft charges?
We will not be resolving customer complaints on the level, fairness or legality of unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive. Why are you allowed to stop dealing with unauthorised overdraft charge complaints during the test case?
Like every other bank, we applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect a customer's rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk
All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint. Can I make a court claim for a refund during the test case?
Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case."
As I understand it, you should continue as normal until there are announcements otherwise. It is better to start the process now and stake your claim, than to wait and have to argue statute of limitations etc. which will complicate things for you
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-)
My question is as follows:
I have sent my pre-lim. off to A&L (March 2008) and have received a standard reply. Do I still go ahead and send an lba as normal, even though this test case hasn't been resolved yet?
I've read about "stays", should I carry on as normal as if there was no test case?
Yes. Stick to the timetable.
Fourteen days after the prelim, send the lba.
Even though it won't progress, your claim will be already in the pipeline when the stays are lifted.
Rooster.
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Yes. Stick to the timetable.
Fourteen days after the prelim, send the lba.
Even though it won't progress, your claim will be already in the pipeline when the stays are lifted.
Rooster.
I am in the same boat, if you send the LBA do you state
"I look forward for a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money." and then do you start a court claim????
Thanks
I'm in the process of filling out an N1 form.
In the "particulars of claim form" area, there is so much text as to cause the pdf document to scroll.
When you come to print the document, then not all the text I've entered is printed.
I'm in the process of filling out an N1 form.
In the "particulars of claim form" area, there is so much text as to cause the pdf document to scroll.
When you come to print the document, then not all the text I've entered is printed.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Hi,
I have, in the last few days exceeded my o/d limit for 2 days and have received a £10 charge, £5 per day.
Can I also add this to my claim, or are these their new charges. They have changed the way they charge for o/d's recently.
Regards,
SB.
you can add charges on right up to the date you file your claim.
Are you checking these online? If they are not due to come out of the account until later then you would need to delay sending the N1 until the date they are charged.
I know I need 3 copies of each, but I don't send them all to the court surely?
SB
As tilly says they all go to the court they have to be stamped by the court then one is returned to you one sent to the bank and the other retained by the court
saint
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.