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.
For the avoidance of doubt... (edit of a GaryH post)
Whats being tested is if and how the law - specifically the Unfair Terms in Consumer Contracts Regulations 1999 - applies to the terms of the account contracts which permits the banks to levy 'overdraft charges'.
Credit cards, mortgage charges, catalogue charges, even business account charges are not being tested in the OFT case, and therefore will not be effected by any stays or "waivers".
Gary if you object to my edit let me know and I will change it
Thanks Pete for that. I have recently re-mortgaged and was thinking of going after my old mortgage company in the hope of getting back some of the late payment charges and failed promise charges.
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I think i know the answer to this already but am just after clarification. I got my offer from HSBC a couple of weeks ago for the full £4325 but they wanted to pay this to my debt with Metropolitan. I refused their offer and a couple of days later (last Thursday) i got my offer to be made payable to me by cheque . I faxed over the form of exceptence on the Thursday stating that i would not inform the court of settlement until i have received my cheque. I haven't received it yet and my court date is on Thursday (2.8.07). My questions are 1. should i inform the court of settlement even if my cheque hasn't turned up by Thursday & 2. the oft test case shouldn't make any difference to them sending my money should it?
You do not cancel your court hearing until the cheque has cleared through your account. Your cheque may have been held up by the postal strike. If it hasn't arrived by Tuesday, write a letter to the court and ask for an adjournment of your hearing.
The OFT test case thing does not affect your case as you have had an offer and you have accepted it. They have to honour that offer.
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Thanks for your advise. I will write a letter to the court on Tuesday (if need be). Should i say in the letter that an offer has been accepted but no monies received yet so i would like adjournment to allow time for the cheque to arrive and clear?
Is it ok just to have faxed back the form of acceptence or should i of posted it aswell?
By the way, it's nice to know i am not the only mad person up at the crack of dawn on a Sunday.
Re: Preliminary Hearing – xx.xx.xx at xx.xx am xxxxxxxxxxxxxx– v – HSBC Bank Plc
I am writing to inform you that I have received a full offer from the defendant in relation to the above claim. I have requested that the payment to be made in the form of a cheque and have been told by the defendant that this has been sent out to me today. Unfortunately I do not wish to end proceedings with the defendant until the cheque has cleared through my account, so I am writing for an adjournment of my hearing for 14 days in order for the there to be time for the cheque to clear. Once the cheque has cleared I will then notify the court immedialtely
Yours faithfully
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DG Should have filed aq 13/7 and have failed to do so. I faxed them on 25th the usual letter re them not doing so. Does this mean I will have to wait now I was so close ???
OFT Test case, what it affects
'overdraft
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Re: OFT Test case, what it affects
. I faxed over the form of exceptence on the Thursday stating that i would not inform the court of settlement until i have received my cheque. I haven't received it yet and my court date is on Thursday (2.8.07). My questions are 1. should i inform the court of settlement even if my cheque hasn't turned up by Thursday & 2. the oft test case shouldn't make any difference to them sending my money should it?
