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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


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Thread: Getting angry

  1. #1
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    Default Getting angry

    Hi Folks,

    Have had telephone callicon with silly offer for £400 against charges of £4,125, backed up by a letter today with all the normal bla bla trying to put me off.

    I have already sent the letter before actionicon, so I guess its time to ctart a claim going?

    Should I respond however accepting the offer, and laying out my intention to go to court to recover the rest?

    I would also like to (if advisable) state in the letter that I will give them 7 days to pay in full or I will beging a claim without any further communication. Would this be ok?

    Claire

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  2. #2
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    Default Re: Getting angry

    Up to you whether to accept as part payment or not. If you are on the last stretch of the 14 day lbaicon then I would wait until that's up then issue the claim. I wouldn't even waste a stamp on them tbqh.

    Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers

    Find all the letters under the rainbow here

    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!

  3. #3
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    Talking Re: Getting angry

    YES! That would be fine! So long as you have it in writing from the bank that they are not prepared to offer you any more than that poxy amount then I would say..........File the court claim and watch them bend over backwards to get your money back to you.

    I would wish you luck, but you dont need luck. All you need is some patience and a small amount of time to fill in the forms and the money is yours!

    I will watch your thread !

    Jamie

    Alliance and Leicester -
    £306 - settled in full!
    Halifax -
    £1600 + interest + fees -
    27/06/06 - 1st Small Claim initiated for
    £704 + £217 + interest + £39 Costs
    01/08/06 - cheque received for £965
    28/09/06 - 2nd Small Claim initiated for
    £950 inc int + costs
    05/10/06 - settlement letter received- awaiting cheque!
    Standby for 3rd claim!
    Barclaycard -
    17/06/06 - Data Protection Act letter sent
    03/10/06 - Statements rec'd £525 charges!
    04/10/06 - 1st letter sent for refund


  4. #4
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    Default Re: Getting angry

    Just to let you know, I am claiming from all my cards, had a couple of offers which I have rejected, interestingly though not one have replied saying NO!!!!!
    Capital Oneicon settled in full today after the initial letter£248


  5. #5
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    Default Re: Getting angry

    Filed my claim for £4,425 last week, been notified today that Halifaxicon are contesting it. Will it court does anyone think or will they back out at the last moment?


  6. #6
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    Default Re: Getting angry

    They almost always back down before going to court because they don't want to be forced to reveal the true (minimal) cost of these breaches (ranging from 0p to £1.50 max).

    Jeep (The Wife & I)
    Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06
    Halifax joint a/c new charges £1100 - LBA sent 02/08/06
    Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)
    Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far
    Halifax Visa (#2) Data Protection Act sent - refunded £170
    DONATE - Support this site, it supported you!
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    All advice given in good faith and without prejudice or liability, to be taken at your own risk!

  7. #7
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    Default Re: Getting angry

    Hi Folks,

    Got my first outright No today from BOS. However am I right in thinking that what regardless of what they say re- agreeing to their terms and conditionsicon etc, because their charges etc have now been deemed unlawfull etc that I this actually relates to the charges they have already levied against accounts, so telling me I don't have a case is rubbish?

    Also have filed claim against Halifaxicon and just wanted to check- although I know I am claiminf my court costs of £120 from them- if it doesnt go to court will they still pay the costs?

    Just wondering as If I have to file a claim against BOS also, the court costs will take a big chunk of what they actually owe me, and unless I get to court are they liable for this if they settle before court?

    Hop this all makes sense.

    Claire


  8. #8
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    Default Re: Getting angry

    The rejection is standard practise to try and cut the number of people claiming - many of those who do not understand what they are doing might give up at this stage.

    Even if the case doesn't actually go before a judge the court fee is still part of the amount you have had to pay out to get them to pay your money back, so must be repaid as part of the settlement (otherwise you tell the court that it hasn't been fully settled and ask for default judgement on the balance outstanding). You can also include postage costs (recorded/special delivery), DPA fee (if paid) and 8% s69 interesticon in your court claim.

    Jeep (The Wife & I)
    Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06
    Halifax joint a/c new charges £1100 - LBA sent 02/08/06
    Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)
    Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far
    Halifax Visa (#2) Data Protection Act sent - refunded £170
    DONATE - Support this site, it supported you!
    Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet
    All advice given in good faith and without prejudice or liability, to be taken at your own risk!


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