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 all ready to delivery a DPA request by hand to the Woolwich, but the account is in my wife's name only. Does anybody know if it came to court would I be able to stand instead of my wife (as she wouldn't be willing to do that and it would rather make action difficult to pursue)?
Regards
Mick
_________________________ ____ Yorkshire DPA sent 09/06/05
Woolwich DPA due 16/06/05 Abbey DPA in progress
Abbey mortgage DPA in Progress Capital One Settled £20
Thanks for your quick reply. I've had a look at the buddy system (as I thought I could use some help myself) but my understanding was that they provided support rather than acting on behalf of the plaintiff.
Thanks again for your input, but I think you may have misunderstood my question. I am not looking for support, or for outside help if and when things go to court. What I am wanting to know is this; If my wife will have to stand for her own case or can I as her partner stand for her if it does happen to go that far?
I am asking this now because although I will go ahead with action regardless I know that if things do go to that stage she does not want to physically go to court. IE can I have power of attorney (if that is the correct legal term) to act on her befhalf in the recovery action.
A lay representative has the right to speak on behalf of a party at the final hearing, but only if that party attends the hearing.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Ok, no reply to my original polite request for details of bank charges (not that I expected one, but that was before I found this site and I did give them 14 days to respond, and so have waited).
In your DPA letter did you remind them that you had alread given them 14 days?
Woolwich on the whole are very slow at responding. Reminder you set the timescales not them.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hmm, you know I didn't even think of that. I did the same with the Yorkshire Bank as well, but they respond much quicker so it didn't even occur to me to include that.
I don't suppose I could refer to my initial letter in any follow up I send to them?
_________________________ _____________ Capital One - Settled. £20.
Yorkshire - DPA sent 10/06/06
Woolwich - DPA Hand delivered 16/06/06 Abbey Morgage - Preparing to send DPA
Abbey Bank - Preparing to send DPA
Of course you can. Also make sure any letters you sent are recorded delivery otherwise they will tell you it was never received.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
That sounds good. When you hand them in, get them to sign for it as well.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Ok, been patient and it's been worthwhile. I didn't get any complaint about not disclosing manual interventions, and have received a huge amount of paperwork which included a complete list of every log entry made onto the account. (Strangely they are duplicated at least once each and sometimes one log entry is repeated over and over for more than a couple of pages) I also got my £10 SAR fee returned.
I've gone right through the statements and the statement of charges supplied and am happy that they have got them all on their charges list. (There were a couple that had been refunded directly at the time they were taken) That means that in total I am going to be claiming £6,237, spread over two claims. One larger claim for Returned cheques, Guaranteed Cheque charge and Forced Debit Card charges. With a second and smaller claim once the first is completed for Unpaid Direct Debits, Debit Interest, Unpaid standing orders, and Unauthorised daily overdraft fees.
So Prelim letter going in Post Tomorrow for £4613.50.
Yorkshire Data Protection Act sent 09/06/06
Data Protection Act reply without manual interventions 12/07/06
Prelim sent 13/07/06
Negative Reply to Prelim 15/07/06
LBA sent 15/07/06 for £762
29/07/06 Offer of £381 - Rejected
MCOL 31/07/06 £762 + Costs + Interest.
Deemed to be Served 06/08/06
Service Acknowledgement 08/08/06
Defence and CounterClaim Filed 31/08/06
AQ and defence of counterclaim sent 10/09/06
Courtdate set for 08/01/07
Woolwich Started 09/06/06
Settled in Full 05/12/2006
Abbey Data Protection Act in consideration
Abbey Mortgage Data Protection Act in consideration
Wow, that's a whole heap of money. Best of luck, sounds like you've got it all under control
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Sure is, I had expected it to be less than half of that. I was shocked when I got the details yesterday, but I recover quickly
Yorkshire Data Protection Act sent 09/06/06
Data Protection Act reply without manual interventions 12/07/06
Prelim sent 13/07/06
Negative Reply to Prelim 15/07/06
LBA sent 15/07/06 for £762
29/07/06 Offer of £381 - Rejected
MCOL 31/07/06 £762 + Costs + Interest.
Deemed to be Served 06/08/06
Service Acknowledgement 08/08/06
Defence and CounterClaim Filed 31/08/06
AQ and defence of counterclaim sent 10/09/06
Courtdate set for 08/01/07
Woolwich Started 09/06/06
Settled in Full 05/12/2006
Abbey Data Protection Act in consideration
Abbey Mortgage Data Protection Act in consideration
I'm sure you'll recover even more then it's back in your account!
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Took me a day longer than I expected (due to not being able to get to a post office that was open), but the prelim letter is on it's way to my local branch now recorded delivery.
Yorkshire Data Protection Act sent 09/06/06
Data Protection Act reply without manual interventions 12/07/06
Prelim sent 13/07/06
Negative Reply to Prelim 15/07/06
LBA sent 15/07/06 for £762
29/07/06 Offer of £381 - Rejected
MCOL 31/07/06 £762 + Costs + Interest.
Deemed to be Served 06/08/06
Service Acknowledgement 08/08/06
Defence and CounterClaim Filed 31/08/06
AQ and defence of counterclaim sent 10/09/06
Courtdate set for 08/01/07
Woolwich Started 09/06/06
Settled in Full 05/12/2006
Abbey Data Protection Act in consideration
Abbey Mortgage Data Protection Act in consideration