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 checking my next move with those of you with much more experience of this than me
With both my Capitol one and Barclaycard accounts I sent off SAR's, Received statements, calculated what they owed me and the sent them letters stating how much I was claiming.
In these letters I included the following paragraph
"I hereby give you 14 days to refund the charges back on to me. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs"
I then had letters from both offering rediculously small amounts.
I phoned both in attempt to settle this without the need to go to court, informing them that I would not be accepting their offers ( both have refunded these small ammounts to the cards and I have no way of getting the money anyway as I have destroyed the cards and the Barclays one has been closed due to a high debt that I was paying off at a nominal rate for over 2 years).They would play ball with the person from Barlaycard giving me an excuse that as I owed them money that they had taken off what I owed and that the offer was for what was left, ( Due to a relative dying and leaving me some money I had paid off all my debts before staring all of this) this statement was wholely a lie!!( Overseas call centre by the way)
Do I now write to inform them that I am going to take them to court or Just do it?
Taking the advice given on my other thread I have drafted this letter to BarclayCard in responce to there offer ( I have rehashed the template slightly to take my own circumstances into concideration)
this is my letter
Response to settlement offer.
Dear sir/madam
Thank you for your letter dated ******
I respectfully decline your offer as Full and final settlement and request, once again, that you return to me all charges imposed on this account, totaling £***
I will accept the sum offered only as part settlement and only if the amount is sent to me by cheque and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My original letter dated 19th July 2007indicated that you had until 2nd August 2007 to respond before I proceeded to the next stage of my legal action. My deadline has now passed.
If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorize you to remove this sum accordingly.
I trust this clarifies my position.
Yours faithfully
Does it sound OK?
I just need reassuring that I've done it right
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
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!
Finally Sent letter 2nd lba 3rd october Due to Postal strikes I emailed B?card with copy of letter Received reply 19th October saying
they are sorry I'm not happy Blah Blah Blah
Looking into things
Hope to have answers to me by 8th November
This time its signed by David Sewell
Does anyone have a phone No and Email address for him???
I'm Happy to wait till then as have just had Stay lifted in case against Lloyds and am about to file N1 in claim against cap one today
BUT if I've not heard by the post on 8th then I will file N1 on the 9th November
BOOKWORM
Could you change the title of this tread to
Belville V Barclaycard
please so that I can keep everything together
Thanks
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
A phone call may prove to be a waste of your time. That said, BC are offering a full refund sometimes before N1, possibly to avoid court claims with s.69 or Contractual Rates of interest.
Try calling if you want but, if they fail to offer what you want, don't wait too long for them to respond.
If 14 days is up from your lba, you can file your N1 now.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
On wednesday 24th I received a letter to say that after investigating they are "as a gesture of goodwill" refunding all my charges plus £77 interest but they still think their charges are fair etc etc etc.
Account is closed so upshot is I called them and the money will be in my bank account by wednesday 31st.
All this and I didn't have to file at court
Thankyou to everyone that gave me help and advice it was much apprieciated.
If a moderator sees this could they change my thread title to
" Belville v Barclaycard WON without Court!!"
please. Thankyou.
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Re: Belville v Barclaycard **SETTLED before COURT!**
Thankyou Everyone for your congratulations.
I'm still waiting for the money to arrive in my bank account, they said it would be there by wednesday but I'm so impaitient that I've been checking my account several times a day! Even on Sunday!!!! Very sad I know but this is my first win so I want to actually see the money.
I will post when its there.
Again thatnks to everyone for all the help and advise.
Now all I have to do i s wait for Crap one to capitulate and pay me my money as its gone as far as N1 they will be paying me alot more!!!!
And I'm still Waiting for directions from Croydon CC re the stay that hasbeen lifted, Hopefully that will come soon.
Surely life can't get any worse it has to only get better from hear on out
LTSB- My claim like thousands of others is Stayed
Cap 1-See my tread about that one
Barclaycard- Won before court stage
GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )
Belville v Barclaycard **SETTLED before COURT!**
's, Received statements, calculated what they owed me and the sent them letters stating how much I was claiming.
Reply With Quote
Re: Whats my next move?
Surely life can't get any worse it has to only get better from hear on out
I WON! I WON! I WON!
Re: Belville v Barclaycard **SETTLED before COURT!**
