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.
Done a DPA for my C/Card account with them... Looks like about £200 in charges over the last 12 months! Mostly for the payment cheque arriving a day or so late - so they say, how can they actually prove it was late?? I bet they let therir mail sit unopened in sacks for a couple of days, and then open and log it all as late!
Update - Finally got a LARGE special delivery envelope - Totted up the charges over 12 months I have had the card... Bang on £200 - also got a seperate letter advising that they have reduced their charges to £12, how nice...
"Thankyou for taking the time....... blah blah....I've reviewed your account, and as a matter of goodwill I've reduced all the charges applied to £12 and refunded £84 to your account...."
So they haven't even given me the option of accepting or refusing their offer... Checked online and the £84 has gone in, so fired this back off to them on the fax...
" Dear Mr Udy,
Thankyou for your letter of 18th Sept received today.
In relation to the refund of charges, I am happy to accept the £84 credited to my account as a partial payment of my refund claim, however please note that as a result of a charge added to my account on 09th Sept—My total claim amount is now £212. Therefore after deducting the £84 already refunded, I require a further refund of £128 in order to complete this matter. Please indicate your acceptance to this via fax, email or letter. If I do not hear from you to confirm that this is acceptable, I will assume it is not, and will then send you a letter before action via recorded delivery giving 14 days notice of my intention to issue a claim in the county court. This will of course incur additional fees to be added to my claim.
I would be grateful for confirmation of receipt of this fax, either via email or fax."
Ok, reply received today from the wonderful Mr Udy... Basically saying "We've refunded as much as we are going to, and although you have informed us you intend to take action in the county court, I feel I must remind you of our standard complaints procedure..."
Blah blah....
So I reckon it's straght to issuing the summons or as I mentioned should I give tham a further 14 days via recorded lba?
Should I amend the particulars of claim to include something like "the defendant has already made a partial refund of the charges, which can only be seen as an admission of their nature as a penalty rather than a justifiable cost....?"
Well worte back to Crapital One with an lba saying I acknowledged their admission that the charges were incorrect by the fact that they have partially refunded them - And that I wanted the rest back - Their reply?? If you wish to issue Court Proceedings, we will respond within the given timescale....
They will pay out in full eventually, but it does take a court claim to get the result. £200 of your money is in their hands. You will get the court fee back as well. As soon as they acknowledge receipt of the court paperwork they usually pay up.
I like that! Paying the court fee with your cap one Card!!!!
Good luck - will be watching with interest as am waiting for my statements from them now.
jaxads x
jaxads
Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.
Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.
GE Money - Received settlement of £441, being total charges requested. No interest though.
CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!
EOS Solutions "ceased action on account" on behalf of a friend.
All in all, quite busy at the moment and enjoying every minute of it
Excellent use of the credit card. Wish I could do the same if I come to file at court. Only one problem - it is maxed out with all their charges!! Best of luck to you. Keep us updated.
12-03-07 Halifax Received £1800
05-06-07 Halifax II Small Claim Served for £2503
Capital One - Won £768
Halifax Credit Card - Won £756
GSMGuy v Capital One
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