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.
Could anyone please tell me what I should write on my moneyclaim form. I am sure there must be a thread for this question, but I am sorry I cannot find it. Any help would be gratefully received, as I am half way through it at the moment.
Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 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. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00)
Thanks for that. Since asking the question I have had another £68 in charges from the alliance and leicester and today received a letter saying that it was only credit cards that were considered by the OFT. I know that this is bologny and that I can take action against them. As they say they are paying up for all claims wuod it be worth my while phoning them instead of taking action. At the moment they seem determined that I will not have enough money in my account to live never mind take actionagainst them. I have already had to borrow money for petrol to get to work.