Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Default Finally going for it

    Just printed the dp act letter and it will be on its way tommorrow (mon 26)

    Been lurking for a while and was a little worried about claiming, would they really consider closing my account? I have quite a large loan with them as well.

    But what the hell. Lets get em. I reckon that they have taken at least 2k - 3k maybe a lot more! we'll soon find out

    I'll keep you posted

    Dave

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    Default Re: Finally going for it

    Glad you have decided to take the plunge. It is definitely best to have a parachute accounticon, but from what I understand your loan is a separate contract and they won't close that. Maybe the charges would go some way to paying the loan anyway.;-)

    Good luck

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  3. #3
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    Default Re: Finally going for it

    Reply recieved today 29/06

    it seems I forgot to sign the request..... doh!!
    they still have my cheque and have forwarded onto the "relevant department"

    new request sent today (signed)


    Dave


  4. #4
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    Default Re: Finally going for it

    Sent a gentle reminder thurs 14/07/06 informing them they have 23 days left to reply

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  5. #5
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    Default Re: Finally going for it

    Still NOTHING from RBOS....... they havent cashed the cheque yet either......Is this normal??

    they acknowledged on 29/06/06 but saying I hadn't signed the request. another request was sent the same day (signed) with copies of both letters.

    Guess I'll have to sit and wait

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  6. #6
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    Default Re: Finally going for it

    Got confirmation of parachute accounticon opened
    no worries now
    Let battle commence

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  7. #7
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    Default Re: Finally going for it

    Got confirmation of polite reminder dated 19th July saying that it has been passed on to relevant dept.

    theyre taking it to the line I think

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  8. #8
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    Default Re: Finally going for it

    HOLY SH*T.........

    got my statements.....no other stuff though not even a covering letter

    just added them up quickly.......over £5000

    (just done the spreadsheet) £5189.62 and interesticon to follow of £1230.82 if they take it to the line

    WOW

    WOW

    WOW

    Cant wait woohoo

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  9. #9
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    Default Re: Finally going for it

    Hi all

    could someone please answer this, (though I think I already know the answer)
    they owe just over £5K...........

    is this still suitable for the small claims track or will I have to split it into two claims ?

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  10. #10
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    Default Re: Finally going for it

    Dave,

    You will have to split it into more than 2 claims the limit for the small claims track in Scotland is £750...

    Good luck getting the lot abck from those shower of so and so's


  11. #11
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    Default Re: Finally going for it

    thanks for the input heimdals

    but I'm in england.....so two claims should do it

    cant wait ;-)

    rgds

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  12. #12
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    Default Re: Finally going for it

    *** INTERESTING DEVELOPMENT ***

    Got a call today from a mr Murray from an Edinburgh number......

    It seems as though my "business relationship manager" (incidently the person who has been responding to my letters etc) has passed my account to him.

    It seems as though I have missed a few payments on a loan!

    I NEVER got informed about this and they didnt even try to retake the missed d/d ??
    when asked about this he said that they didnt have to inform me or try to retake the d/ds ?????

    it seems as though I have missed 3 times without a word being said!! or a letter being wrote. The nice Mr Murray asked if I wanted to refinace to take into account the missed payments and to clear my overdrafticon...........If I did this it would take two years longer to repay at about the same repayment......or about £60/month more with insurance etc.

    NO WAY

    I think this is obviously "A turn of the screw".

    I came to an arrangement to pay the outstanding missed payments over three months.

    If this bank has entered a default against me they are in some trouble grrrrrrr

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  13. #13
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    Default Re: Finally going for it

    Hi All

    Just had Tommy McLeans standard fob off letter to which I will reply, stating that they have till 14 aug (my timescale) to come up with an offer or they will receive my lbaicon.

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  14. #14
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    Default Re: Finally going for it

    hi this is the letter I just sent back to him

    Dear Mr. McLean

    Thank you for your letter of the 5 August explaining the banks position.

    I am disappointed that you didn’t fully read my letter and sent what seems to be a standard reply, in that it didn’t address the issues raised in my original letter.

    You have stated that your charges are fair, reasonable and transparent. I’m afraid on the first two points we must differ. As for transparent you may be correct, as people are now becoming more aware they are now beginning to see right through them.

    However your charges don’t seem to be either fair or reasonable and if you say that they are could you please explain to me the makeup of the charges, and how it would cost the bank £38 when you DON’T pay a direct debiticon?, and £28 on top of that for going overdrawn in the first place. This works out at a charge of £66 for maybe going overdrawn for as little as £1. This SEEMS like an unfair penalty, and would also look like an unfair term of contract.

    As explained in my previous letter the level of your charges also seem to be unlawful and you haven’t addressed that point either. I am NOT relying solely on the OFT statement as you seem to imply, but to the general concept of liquidated losses and true costs to the bank

    If this is your final word on the matter I will have no option but to issue my letter before actionicon on the passing of the deadline date of my previous communication.

    I’m sorry that you have chosen not to discuss this further, as I’m sure we could have reached an amicable outcome.

    Yours Sincerely



    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  15. #15
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    Default Re: Finally going for it

    Great! although I wouldn't expect a reply!!

    NatWest - Settled in full 22/05/06

    RBS- Prelim sent 9/05/06 £1,147
    £500 offer 27/05/06, rejected 30/05/06
    LBA sent 25/05/06
    MCOL 15/06/06
    Defence received 20/07/06
    Settled in full 01/09/06 wahey!!!!!!!!!

  16. #16
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    Default Re: Finally going for it

    If he doesnt its the lbaicon on the 14th

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  17. #17
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    Default Re: Finally going for it

    No reply from Tommy.

    lbaicon went out today by recorded delivery

    I waited a few extra days because I'm on hols from sun(20) if no reply when I get back its MCOL !!


    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  18. #18
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    Default Re: Finally going for it

    Just got back from my hols and in the stack of mail (mostly bills ) was a letter from mr T Mclean offering me about £3.5k in Full and finalicon....... the request was for close on £5k (plus interesticon etc. ) they are getting better at their offers . I think I will reply accepting it as a partial settlement and go for the rest using contractual interest

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!

  19. #19
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    Default Re: Finally going for it

    Hi Dave

    Hang in there I rejected Cobbetts first offer 2 weeks ago and received a cheque for full amount Saturday!

    NatWest - Settled in full 22/05/06

    RBS- Prelim sent 9/05/06 £1,147
    £500 offer 27/05/06, rejected 30/05/06
    LBA sent 25/05/06
    MCOL 15/06/06
    Defence received 20/07/06
    Settled in full 01/09/06 wahey!!!!!!!!!

  20. #20
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    Default Re: Finally going for it

    Here is the letter Mr Tommy sent......

    It seems like weve been rumbled.... he knows about this site

    Dear Mr Davefirewalker

    Thank you for your letters of 8 August and 19 August 2006. I am sorry to learn that you remain dissatisfied.

    I am sorry, too, for the delay in responding to you. From your own use of the standard letters/paragraphs available on various internet sites, I am sure you will be aware of the significant amount of media comment around bank charges. As a result, we are trying to cope with a significant volume of such complaints, hence the delay.

    Despite your use of these websites, you may not be aware that the OFT has, in fact, reviewed only credit card charges and has not yet made a ‘ruling’ on current account charges. I accept, however, that they suggested that the same principles may apply. We feel this is unfair without a full investigation, which I understand the OFT may now be considering.

    Given that there has been no investigation into current account charges, the Bank wiil not be advising you how our charges are made up. This type of information is commercially sensitive, as it might let our competitors know what we do behind the scenes of our ‘excess’ decision-making process.

    You also comment that you are relying not only on the OFT statement, but on “the general concept of liquidated losses”. To my knowledge, this has not been tested in court when relating to bank charges.

    All that said, I would like to resolve matters with you. Against that background and as a gesture of goodwillicon without admission of error or liability, I am offering the sum of £3,446 in Full and finalicon settlement of your complaint. Although they have not investigated current account charges, it appears from their statement on credit cards that even the OFT accept that customers should pay some level of default charges, hence my partial offer.

    Our terms & conditions will continue to apply and any charges that accrue in the future must stand

    I hope you will consider this to be a fair and reasonable settlement and on the receipt of your signed acceptance, I will make immediate arrangements for payment

    A prepaid envelope is enclosed for you to use

    Yours sincerely

    etc.

    Well at least it seems like he actually read my letter this time. Refusal of offer on its way.

    Dave

    ** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

    see you stand like greyhounds in the slips,
    Straining upon the start. The game's afoot:
    Follow your spirit; and, upon this charge
    Cry 'God for Harry! England and Saint George!'

    If you think I have helped, informed, or amused you do the clickey scaley thing !!


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