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.
Hello everyone. Its been a while since last posting a message. I suppose we are all starting to rev up once again as January 12 is looming. Of course we have have heard nothing from Abbey despite trying to resolve before Januarys test case. The bundle is all but ready so just waiting for the off , like evryone else.
I know this is going to sound like a real stupid question so please forgive me. Will everyone who is due - actually get their money back on account of all the refunds paid out already?? I , like all of us am so desperate for all of this to be sorted out so's to start a clean slate.
Take care
...Will everyone who is due - actually get their money back on account of all the refunds paid out already?? I , like all of us am so desperate for all of this to be sorted out so's to start a clean slate...
No, your question isn't stupid at all...
I can feel your anguish + concern for your plight within your text + empathise with U, + others like U (...me being one of them btw).
For all those peeps who seek a NEW start + a 2nd chance in life, it is important to remain pragmatic, whilst at the same time, optimistically confident.
I truly hope this happens for other peeps, even if it is NOT possible for myself.
Many peeps may have endured years of misery at the hands of the Banks, DCA's etc + deserve to be set free from their yoke of despair!...
I would further like to say, that since making that linked Post, another increasingly likely option could be...
E/ One side wins...but leave is given by the Court, for the losing side to Appeal.
God knows how long this would then take to sort out + if any deal could be arranged for interim payments to be made??
We will just have to have faith in our knowledge that we are both morally + legally right + that we will prevail in the end!
If EVER there was a compelling reasoned argument to pursue CONTRACTUAL interest rather than make do with s69 8%pa INTEREST, a further legal postponement should encourage potential NEW Claimants to do the necessary research + add this to their Claim...
In answer to your question re: Court Cost Recovery...
It is just ONE argument that OFT will possibly use, but as previous Claims have been settled at the Small Claims Court level, they do NOT form precedents that a Higher Court must take heed of.
...Hence the OFT Test Case at a Higher Court!...
Unfortunately, if U lose your Court Case...U will probably lose the fees that U have paid already.
If your Claim is outside the Small Claims Track...i.e. Fast Track or Multi Track,
U may also be liable for the Defendants legal costs!!!...
But in the event that U WILL win...The Defendant will be ordered to repay ALL your Court Costs etc.
There is the possibility that U could also Claim 'Wasted Costs' for such items as, time taken to prepare your Claim, print costs, postage etc etc, as well...
Thank you so much for your reply. How thorough and thoughtful. I feel better already. I think if cases are based on their own merits , it will take years to sort out. The banks , I suspect already know they are going to request more time to gather further evidence. Yawn. A compromise would be good but I cant see it!! What sort of compromise though?
Thank you for being so kind.
Have a good Christmas.