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.
Sometimes threads may get missed depending on how busy it is, but the best thing to do if it hasn't been looked at is to reply to the same thread, this will bring it back up on the list. Starting a new thread can cause confusion. Do make sure you give at least a few days though.
Ok, if you have had charges and you haven't yet filed a claim in court then proceed with your schedule, but add into your next correspondence. in your case am I right your next step is to file a claim?
Continue with your original claim and timetable, leaving everything unchanged (much less confusing) and treating the new charges as another issue.
Merging the two, but the downside to this is by the time it gets to court there will probably be an additional set of charges to consider...
My own choice would be to treat them separately, and then you are in the position of pre-empting pending charges by using the OFT announcement (see my own thread for more details of this) http://www.consumeractiongroup.co.uk...ead.php?t=2121
Whichever you choose, good luck.
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I have just seen Spiceskulls post. I should of really mentioned both options... but you have stated in your letters that you are claiming back all your charges since... so and so date.
Spiceskull, if It did get to court, would the judge not look in your favour for putting them in one claim and not bringing two to court, if it ever got that far?
If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks
I thought we were advised to only take them to court once (or did I misunderstand and it's really that they're likely to close your account the first time?!).
I'll read your thread in a sec, thanks....
It's amazing. All these years I thought I was the only one Natwest treated like cack.....
You can claim for ALL penalty charges - keeping the claims separate will avoid confusion and complications later down the line...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
[WHENEVER] I received a statement from [BANK], stating their intent to unlawfully apply penalty charges to my account on [DATE]. These charges are to the sum of £XX.
As you are aware, I have asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.
Therefore, I would draw your attention to the following point: you have stated that these charges will be applied on [DATE]. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities.
However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.
I shall be checking my account on [DATE], and if I see that the penalty charges have been unlawfully applied to my account, I shall lodge a claim at the county court to recover these charges, plus my costs and interest calculated at 8% APR, without hesitation. Furthermore, I shall require that you confirm whether these unlawful charges have resulted in a default notice against my record with credit reference agencies, and if so, I will seek appropriate action to have this notice removed.
You can also make reference to the OFT statement of 5th April if you feel it is relevant (which it is) but I like to keep the bank guessing, and use this in follow up letters...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Your correspondence with the bank has asked for all charges to be refunded. Your claim is therefore for all charges up to the date of the claim. It doesn't matter if the figure has increased before you issue and after you have written your lba or if the LBA quotes a different figure.
Your Particulars of Claim on the Claim Form will clearly state that you are claiming all charges to the date of the claim and as such there will be no confusion. The court would prefer that you put them all in the same claim.
Received today (10 May 2006) the Notice of Issue from Northampton CC.
It's really wierd not to be on the receiving end of one of these for a change!
Anyway...
Claim issued on 08 May 2006
Sent to defendant by first class post on 08 May 2006 and it will be deemed to be served on 13 May 2006.
Defendant has until 27 May 2006 to reply.
Gulp. I'm playing with the big boys now. How exciting/scary/exciting/scary/etc!!!
Their options:
Pay your total claim
File an acknowledgement of service (an extra 28 days for them, I think they'll do this)
Dispute (and send me their defence)
Admit money is owed (and have judgement entered)
Admit part of money is owed (then I decide what to do next)
Not reply (court can enter judgement if I want)
I'm sure many of those here will already be familiar of this but I couldn't find anything this far ahead when I started all this, so thought I'd record it for the benefit of others as well (that's not to say there wasn't, I mean, we don't all read every single thing, do we?!)
If anyone would like to reassure me right now, please (please) feel free to do so now!
I'm at a similar stage to you, RBS have acknowledg dmy claim which gives them a further 28 days to get their defence together. I think alot of us are at the sam eo rvery similar stages.
Natwest had 28 days from the date that the papers were deemed to have been served. Have a look on the original notification from the Northampton county court and you will see a date at which the Court deems the papers as served. If Natwest acknowledged then they bought themeselves the full 28 days from this date. Are you sure the 28th day is up today?
In that case, following the close of business today you can go online at the moneyclaim site and request judgement by default from the court - on the basis that "the defendant has failed to submit a defence or contest the claim".
By the way did you PM a mod with your claim details - case number, and amount involved?
Yes I did.
The Acknowlegdement was dated 12 May. So unless that's working days (which I don't imagine it is), that means today.
Moneyclaim sent me a letter saying I can't do it online because NatWest "changed their address" - so I think that's a trip to my local County Court (wherever the hell that is...)?
I've done the preliminary, the lba and the Moneyclaim thing.
I received their Defence and Request for Information a few weeks back and wrote back to the solicitors this week (as advised) to tell them that I object to their attempt to mislead me and that the CPR paragraph 18 (sorry if that's not accurate, I don't have the details to hand, but I'm not far off.... paragraph/section...?). I also said that I am prepared to go to court and answer any questions there. I did, however, send the details of my account number and sort code, and the list of charges.
In a separate letter that came a week ago offered me £600 of the £1200ish that I'm claiming, and I duly wrote back in another letter (sent the same day) saying, no thanks.
I put this here today because I'm starting to think that this situation is going off the same route others are following and am wondering what other people think and if they have received similar stuff. I don't worry about going to court really because I don't suppose I really have anything to lose, and should that be the case then I will prepare myself as much as I possibly can - I understand and support, of course, the principle of this movement!
I should add that I did put the wrong account number originally (not sure how I did that!) and made a couple of errors in dates, which was clumsy but I double checked everything in the last correspondence and it's all correct (I had to swallow one charge because it would have upset the balance I'm asking for and I didn't want to mess it up on that, if I haven't already!).
Right. Hoping that's all clear and you're still reading (!), here's the reply I received this morning....
"We refer to your letter..... thank you for the schedule of charges.
We note your comments on our Request for Further Information. Please note that Part 27.2 (1)(f) Civil Procedure Rules applies SUBJECT TO paragraph 3 of Part 27.2, which states that the Court of its own initiatve may order a party to provide frutehr infomration if it considers it appropriate to do so.
It is our client's contention that your Particulars of Claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.
The Court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It is clearly the case that our client cannot respond to a claim where you have not provided sufficient particulars. Our client therefore objects to your contention that the request was intended to initmitate or misinform you."
Not sure about that first paragraph yet, but from what I understand, they are trying to press me into specifying why I deem each and every charge, separately and individually, "disproportionate and unreasonable". Does that sound right?
I suppose what I am concerned about is that I may lose this because the initial information I supplied had some errors (dumklutz...!).
I also wanted to put this letter on here, not just for the thoughts of those in the know, but hopefully, to help others if necessary.
Hiya, Do you want to post your particulars of claim up on here so we can take a look ?
They have received all the info you sent with your letter but appear to be still requesting your list of charges and account number ?
I didnt put my account number on my moneyclaim form at all, but confirmed it to DLA with the list of charges, as you did. I was thinking that as I had written many letters regarding the fact I would be submitting a claim they would be expecting it..... I know a bit niave of me !
They still got it wrong (after they'd filed a defence admitting I held this account with them they sent me a letter saying we cant find a record of your account - duurrr!)
Clairus99 vs NatWest - hotting up? - **WON**
...
letter has now turned into 28 days or so;
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Clairus99 vs NatWest - hotting up?
