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.
On March 6 2006, I was really shocked to find a total of £150 of charges taken from my a/c with the Abbey. I was VERY surprised as I wasn't expecting ANY!!
They were for a mixture of going over o/d limit (it was about £3), paying two DD's and a couple of paid Visa whilst overdrawn (yes but within my limit!). this was a shock as it took me £4 or so over my o/d limit.
I used a template letter, although softened it a bit and asked what exactly the charges were for, and why had I never received any letters to say they had paid DD's/Visa payments. I included all the relevant parts (the law cases, punitive charges etc etc) and sent it off.
Got a reply very quickly saying they needed 4 weeks/hoped could find a positive result (now seen today from reading threads this is a standard letter from Antony Turbitt, Banking Services Manager)
Spurred on by reading threads on here and MSE, I sent an electronic request for statements for 2001-2003. I was very very ill during that time and racked up probably hundreds and maybe over a £1000 in fees due to medication and private careneeded sending my account into meltdown and me being too off my face on morphine to sort anything out. I sorted out my account in about 2003. I expected nothing as I hadn't done an official DCA letter with my £10, and was just about to send a letter with £10 when I got a letter saying they had passed my request to the archive section.
Mid March, because the charges put me over my o/d limit by a couple of pounds they returned a DD twice.
April 5 I receive a letter from Antony Turbitt saying they need another 4 weeks.
April 6 I see they have charged me around another £150 for virtually the same reasons as March!!!
I reply on 7 March via the email, with an attached letter to Antony Turbitt saying I wanted these charges also returning.
I had an automated reply, then another emailed reply with a tracking number saying they had my email and attachment.
Since then, nothing.
Well, I say nothing - the charges put me over my od limit - again, by less than £10 and they have returned 2 DD's this week.
I feel that although the wheels are in motion, I've maybe done it all a bit 'cock-eyed' and I should have been a bit more regimented with my approach from the start. I was scared they would cancel my od limit which is why I didn't go in all guns blazing.
I now know that I'll be due for another set of charges next month for them bouncing the 2 DDs this week - but if they had refunded the charges (or never taken them in the first place) I wouldn't have been caught up now in this circle.
Should I do something ? Should I wait? Should I send £10 with a DCA letter to see if it can speed up the archive department????
Or have I messed up in some way (just feel I might have done) and don't stand a chance of having the charges refunded?
Re: Started request from Abbey, but possibly think i've messed up a bit
Abbey are probably the most obstructive of the banks. It is vital that you follow the procedure as outlined in the step-by-step guide. If you try to start a dialogue, they will just use it as a way of delaying things even more.
Remember also they are snowed under with requests for statements - without the clout of a DPA request you could be waiting months.
Alan, Derby, UK.
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Advice given is purely my opinion, and is not based on any legal training.
Re: Started request from Abbey, but possibly think i've messed up a bit
Keren,
You'll need to know how much you have been charged over the last six years. If you don't have this then send the DPA letter and request the information in a complete manner starting your letter with "Further to recent requests..."
If you do have the information on the last six years, write the preliminary letter starting your letter "Further to recent requests..."
This is written with some nerves as I do get scared about taking on the 'big boys' (although Idon't know why!)
I sent the first letter to the Abbey and had the standard stalling letters then got a reply from Elanor Stoakes at the Sheffield Customer Contact Centre. She broke down the charges and said she had carried out a 'full investigation' and feels that she has offered a 'fair response' and will keep the file open for 8 weeks.
Now, a few weeks have passed and more charges have been incurred. I've added them up and they total £700 (Jan to June 2006). I'm not going for anything earlier, so I don't need old statements or anything like that and I've copied and pasted the letter called 'letter before action' from the Library. I've taken out the bit about the default as I don't have one.
Is there anything else I need to think about? I don't have a parachute account yet but am on the case. I've applied to First Direct online, but I don't have a fab credit record so I'm going to go to the Nat West tomorrow and see about a Step Account - just in case.
I'm £1200 overdrawn with the Abbey, Iguess my biggest fear is that they shut the account and demand the money back. I guess though that's when I would fight the default.
Any comments would be gratefully received -with it being Sunday I'll hold off posting until tomorrow in case there is anything i've missed.
Oh, the only thing I don't have is the schedule of charges that is mentioned in the library letter - I've deleted that sentence - is it imperative thatI include a leaflet of the charges? Are they available anywhere online?
hi, i dont think it means a written list of charges as such just that the schedule of charges are unlawful. is that any clearer?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
If you are applying for a Natwest Step Account do it online - it only takes a couple of minutes.
Is there any reason why you aren't pursuing the whole 6 years worth of charges? If you did this would the claim amount be enough to cover your overdraft?
You should include a schedule of charges with the lba so they can't claim they haven't received one.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
oh poo, i didnt do this, i thought i only had to send the letter! will this make a difference to my claim?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
oh poo, i didnt do this, i thought i only had to send the letter! will this make a difference to my claim?
Best to include one otherwise the banks file a defence claiming they don't have a Breakdown of the charges. (Stupid argument anyway as they can access all your transaction details!)
If you haven't done it not a lot you can do about it now. You'll just have to send one when you file your claim.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
thanks barracad, to be honest i thought that was when you had to send it in anyway, the lba i sent in didnt mention the schedule of charges i'm sure. but i could be wrong dont happen often mind me bing a woman and all LOL
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
I'll go to the bank and pick up a schedule of charges tomorrow. The Abbey are in a really inconvenient location for me, but i'll go in tomorrow.
I've never had the statements - I applied online and now realise I should have written for them.
If I go for this action, am Iallowed to make another claim against them in the future for the old charges, or is it an 'all or nothing' claim?
Will apply now for the Step a/c
as an aside - just called Capital One as they charged me £20 late payment fee for the first time ever, it was my fault as I'd mislaid the statement, she offered me £10 but when I asked (nicely!) if a manager could help, she refunded the full £20. If only it were that easy with the bank!
I'll go to the bank and pick up a schedule of charges tomorrow. The Abbey are in a really inconvenient location for me, but i'll go in tomorrow.
Why are you going in to the bank???
If you're sticking to the same claim amount, then include a schedule of the charges you've got so far.
If you're wanting to go back the full 6 years you would need to use the DPA letter from this site to get your full 6 year history - I doubt you'll be able to just get it printed in the branch.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Hi Keren. You can apply all at once, or make several claims - although I feel it would be easier (for me anyway) to do it all in a oner.
Please don't be afraid. You are doing nothing wrong. Don't 'soften' the letters, and don't feel sorry for the bank! What they are doing is unlawful.
You will get all of your money back if you stay strong, follow the procedure and don't give up!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
sorry, I think I've got my thoughts muddled - I thought I had to include a leaflet from the bank with their bank charges on it??!!! (I guess I don't?!!)........sorry, I''m trying to get my head round my finances.
In the last 24 hours I've called my CC companies and got reduced APR's from three of them, struck a new deal with NTL, tried (unsuccessfully) to get out of my mobile phone contact as I don't use the phone and it's dead money, been successful with a £20 Capital One late charge fee refund, sorted out a mistake by powergen, applied online for a parachute account and this was next job on the list..........my brain has gone to mush.......
I guess I'm a bit scared because the Abbey seem to be the nastiest bank from what I've read and whilst I don't mind a fight, i'd panic if I had no way of my salary being deposited and the bills being paid before the parachute a/c was up and running.
You wouldn't think I used to be a collections officer (MANY years ago) for Poll Tax/Council Tax......runs away before I get hit by flying objects!!!
No you don't need to send them any of their own leaflets!!
You need to include your 'schedule of charges' which is a Breakdown of the charges you are claiming. If you have used the spreadsheet to work out your charges then just print that out and include that with your lba
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
and well done with all the effort you've put in so far!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
No you don't need to send them any of their own leaflets!!
You need to include your 'schedule of charges' which is a Breakdown of the charges you are claiming. If you have used the spreadsheet to work out your charges then just print that out and include that with your lba
aahhhh.........see, told you I was being a numpty.......I've amended the letter and added in a breakdown of the charges.......thankyou for mending my addled thoughts........
dont panic! Im a the same level as you, just about to send my DPA for my last 5 years statements, then I suppose I will have to estimate my claim and muddle through with the help given here.
Its great to read your account, your honest, but dont under-estimate yourself!! we all have the same doubts, fears and troubles.
LETS GET EM TOGETHER, OK?
kind regard Eileen
ps (think of all the people reading your threads that may be too afraid to go any further, with your comments here and with the excellent advice given by all, you too are helping others to be strong)
26/01/07 Awaiting court date 25/01/07 Courts lost my file!! Said it will be sorted soon 23/11/06 Defence recieved from Abbey 20/11/06 Statements a full 6 years received 16/11/06AQ completed & submitted 30/11/06 Claim number 6SQ06250 recieved from courts 24/10/06Claim submitted to courts x3 copies 21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06. 21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06 11/07/06 Reply to Pam Speed Data Protection Act fob off letter. 10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06. 29/06/06 Data Protection Act statement request sent
With this in mind, and now I'm getting the hang of all of this, I'm wanting to send an official DPA to the Abbey for my statements from 4-6 years ago. I didn't do this properly earlier in the year as Ididn't realise about the £10 payment and I never got the statements I requested.
However, will sending a DPA letter to the Abbey now requesting old statements affect my current correspondence with them about charges incurred this year (the £610 I'm currently fighting for) ???? or should I just go ahead and treat it like a new 'claim'. I don't want to jeopardise anything I've done so far .
Abbey - Claim 1 full hearing 22 Feb 07 - Settled in full £710
Abbey (Claim 2) full hearing 22 Feb 07- Settled in full £4000
Abbey (Claim 3) Court date 27 June -
Capital One (claim 1) £467 Settled in full 20 Sep
Capital One (claim 2) £72refunded 19 Aug
Associates (Citicards)
claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS
Received account details of my new Step account, so if they threaten to close I know I have that safely tucked away. ;-)
I'd still like to confirm though - with me planning to file a claim on the 5th for £610 for fees incurred this year, should I wait until they've paid out before sending a DPA letter to request statements for 2001-2004, or should I plough ahead now as it will probably takethem a while to get around to it?
Abbey - Claim 1 full hearing 22 Feb 07 - Settled in full £710
Abbey (Claim 2) full hearing 22 Feb 07- Settled in full £4000
Abbey (Claim 3) Court date 27 June -
Capital One (claim 1) £467 Settled in full 20 Sep
Capital One (claim 2) £72refunded 19 Aug
Associates (Citicards)
claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS
Send your DPA request now - it won't affect your current claim.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)