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.
Form will be completed as below but i have a couple of points i need clearing up before i send off.
The claimant had a contract with the defendant (a/c **************) from May'93 which was conducted on their standard terms and conditions. The claimant claims the return of £2235 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 01/07/00 to 01/07/06 of £472.95 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.49
My current account with Barclays dates from May 93 (the date which i learnt from Barclays Branch staff after asking the question) Obviously i dont still have the contract as this was 13 years ago so i do not have a copy of the tewrms and conditions. Just need some assurance there wont be any sneeky suprisrs for me that i dont know about with the contract being so old.
Secondly we quote the consumer contract regs 1999. Do these still apply as the contract pre-dates this?
I did upgrade to an additions account maybe four or five years ago going on memory but dont have any paperwork for this and Barclays branch staff just said account has run from May 1993. Do i need to enquire about this additions account and find out excatly when it was set up or can i just use the 93 date on the MC form.
Moneyclaim query - Legal query
. The claimant claims the return of £2235 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest
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