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.
I claimed back £420 last year no problem from the RBoS but now im tying to retrieve charges for my OH's account(£1800) and our joint account(£600). I have recently recieved the standard letter informing me of the stays due to the test case.
Im at the stage of sending the lba letter and ive got a few Q's before i go ahead with it. I want to send the letter with the reduced settlement fee btw.
In the letter it states:
"proportionate to your costs, and therefore the [INSERT NAME OF COURT] court will rule in my favour."
Can i choose any court? Im situated between Edinburgh and Haddington, which one is preferable for this type of case?
I think i will offer to settle for 25% less on as this is what was recommended on another thread.
I handed in my small claims summons forms to Haddington sheriff court yesterday for both my bank charge claims.
The woman i dealt with was very nice and even waved the charge for photocopying the forms
However, when i asked if there was anywhere i could get details of previous bank charge reclaiming cases she told me that it wasnt possible for them to release any infomation, even with regard to the outcomes, to do with the cases as it would be against the claimant/defendants privacy. She also informed me that every individual case is different so it wouldnt help anyway.
I've recieved a letter from the court saying:
"I refer to the above action and advise that the defenders have lodged an intention to appear and therefore the case will call in court on mon 28th april"
Does this mean that they will defend the case or is this a standard letter from the court and the bank are more than likely to apply for a sist?
Should i prepare to appeal against a sist or should i expect to be aguing whether the bank charges are lawfull or not?
I ask because the bank sent me a letter last week informing me they would automaticaly apply for a sist. Could this mean they did apply but the sist was rejected?
Does this mean that they will defend the case or is this a standard letter from the court and the bank are more than likely to apply for a sist?
This will be an application for a sist. Most cases are now sisted.
I ask because the bank sent me a letter last week informing me they would automaticaly apply for a sist. Could this mean they did apply but the sist was rejected?
No. The application has to be heard by the sheriff at which point you will have the opportunity to argue against a sist being applied.