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.
They're more than happy to process and clear cheques signed by only one of you.
. It's a stalling tactic. The same applies to DPA requests, which is a request for information about a subject ie you, not an account. Write back with your wife's permission, but remind them that the 4o day clock has already started ticking and that they only have X days to comply.
Another point their letter took only one day to reach me should I set my clock to one working day after I posted my letter or go with the date they say they received it?
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
How can that be if they never cash my cheque the clock never starts?
I considered sending by registered or special post but have read many posts that this has not always been useful. Will just drop it into local branch next time and ask for a signature.
The forty days starts from the day that they RECEIVE payment.
If they decide not to process the payment or even send it back to you, it makes no difference.
They must have received it to be able to return it.
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Well... that would be why you need to be able to prove when they received it. Sending something normal post or by email isn't going to help as already shown in your case.
The clock starts ticking when they have received a written request, received your fee and are satisfied as to your identity. A cheque is not fee, it's a piece of paper with a promise to pay them money... it could bounce, it could be fraudulent, it could be a simple mistake such as sending a cheque from your other half's account and signed it yourself (erm....yes I have done this )
Special/recorded delivery or direct to branch with signature are the only ways you are going to get any co-operation from them. Some banks seem to prefer taking money direct from the account in any case, so maybe you could request that they do this to save them having to write to you again and wasting more time.
Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers
Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.
Halifax - £1400 reclaimed. Now on a crusade to help others!
The Northern Bank have answered my Question. They state in the “summary of overdraft terms conditions governing the operation of overdrafts.”
“(20) Any demand or other notice relating to the Facility shall be effective if sent by prepaid ordinary post in an envelope addressed to the Customer at the Customer’s last known address. Such demand or notice will be treated as having been effectively received by the Customer:
(a)if delivered by hand, at the time of being left at the Customer’s last known address
(b)if sent by first class prepaid letter to an address in the United Kingdom, at the earlier of the time of actual delivery or 10.00 am on the day after posting;
(c)if sent by telex or facsimile, at the time of transmission; or
in any other case, 72 hours from the time of despatch
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