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 am not sure how to use the site so you will have to forgive me. I am a bit stupid. However, i have just posted my first letter to the RBS. I sent the letter that was in the library under preliminary. I hope this is correct. The account i am claiming under is in my husbands name. Unfortunatly he is unable to sort it out himself as he is ill. I had previously asked the RBS to send me all bank statements for the past 6 years. Ironically when they took the £5.00 charge off the account for these statements they made him overdrawn, as we do not have this facility, they charged him a fee of £38.00 for the privilege. You have to laugh.
Could you help me i noticed in one of the threads that a girl said because she lives in scotland she can only reclaim £750.00 back is that correct. I have managed to accumulate, wait for it £3690.00 in charges. Does this mean i am unable to claim that amount.
a girl said because she lives in scotland she can only reclaim £750.00 back is that correct. I have managed to accumulate, wait for it £3690.00 in charges. Does this mean i am unable to claim that amount.
The situation here in Scotland is that, the maximum amount that can be claimed via the Small Claims Court is £750. You could, in theory, claim as much as you want, however if the amount is not within the small claim's limit, and you lose, then you'd be liable for the Bank's costs - which could easily be into 5 figures.
SO, what we do is break down your total amount into smaller chunks, all of which less than £750 (best way to do this is by taking the 1st batch, by date, and stopping when you get to around, say, £700ish.
You'd submit this claim to the Small Claim's court, win it, get your refund of around £750 ish, then repeat as many times as required until you get ALL of your charges back!
Good luck!
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
would just like to add that if you are claiming a large amount it may be better to split it into summary cause of which the upper limit is 1500 it saves time for you and for the courts. this is the route i have gone down successfully so far. it is quite straight forward and much the same as claiming through small claims except you have a small risk of if you lose and the judge was in a particularly bad mood he could allocate cost to the other side of up to £750. however i have been assured on several occasions by my local court that a judge would not "normally" do this to a lay person (someone representing themselves).
bos~ Data Protection Act sent ~ statements received ~ owed £1766.82 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006 bos Data Protection Act sent ~ statements received ~ owed £1217.86 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006
court date issued of the 17th november
27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.
new person can you help
. I sent the letter that was in the library under preliminary. I hope this is correct. The account i am claiming under is in my husbands name. Unfortunatly he is unable to sort it out himself as he is ill. I had previously asked the RBS to send me all bank statements for the past 6 years
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