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.
Hello, I have been going down the route of financial hardship to try and claim back my bank charges. As it happens I am suffering by receiving a Notice of Intention To Seek Possession on the flat I rent and have bills coming in all over the place. I followed a really good thread by Jodybuk and submitted a letter with copies of my letter. I received back an Expenditire form which I filled out and returned. On Friday I received £240 back in to my account which is the last 4 transactions of bank charges. I am claiming £1196 and they have given me £240 - doesn't seem fair although I am grateful. I am waiting for some kind of letter and haven't touched the money. What should I do? Do I need to write a letter back saying I will take this as part payment. How weird HELP!!!
Abbey - Sent Data Protection Act Letter 14/06/06
Received letter 26/06/06 microfiche argument
Sent microfiche argument letter 27/06/06 recorded delivery
Received bank statements for 15 months 30/06/06
Received printout of charges for April / March 2005 06/07/06
Sent LBA 07/06/06 (Template 1)
Re-sent LBA to two different addresses 18/07/06
Received another fob off microfiche story 20/07/06
:o Sent LBA in answer to microfiche again 26/07/06
Received another two fob off microfiche letters 26/07/06
Sent LBA Template 2 26/07/06 wait seven days
Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06 Received microfiche statements back to 2000 !!! Sending letter before action with schedule of charges today 28/09/08.
Claim acknowledged Abbey have until 24/10.
Received 50% offer 25/10 along with defence
Thank you very much that's exactly what I will do. I will wait and see what letter I receive (hopefully tomorrow) and then I will write back. Do I need to keep the money in the account for the timebeing or am I allowed to touch it?
Thanks,
Rachel
Abbey - Sent Data Protection Act Letter 14/06/06
Received letter 26/06/06 microfiche argument
Sent microfiche argument letter 27/06/06 recorded delivery
Received bank statements for 15 months 30/06/06
Received printout of charges for April / March 2005 06/07/06
Sent LBA 07/06/06 (Template 1)
Re-sent LBA to two different addresses 18/07/06
Received another fob off microfiche story 20/07/06
:o Sent LBA in answer to microfiche again 26/07/06
Received another two fob off microfiche letters 26/07/06
Sent LBA Template 2 26/07/06 wait seven days
Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06 Received microfiche statements back to 2000 !!! Sending letter before action with schedule of charges today 28/09/08.
Claim acknowledged Abbey have until 24/10.
Received 50% offer 25/10 along with defence
Even through hardship the banks are not obliged to settle only be sympathetic towards you, i have seen very few people get their money back through hardship and of them all you are the only one I know who has had a partial amount returned.
Wait for confirmation or contact them to see whats going on, weird indeed.
Hello, Today I have received a letter from Alliance an to sum it up it says 'they have throroughly investigated my request and are satisfied that the fees which I refer to have been raised correctly in accordance with their charging policy. However, they have taken into consideration my personal circumstances and as a result have agreed a refund of fees of £240'. They have also waived the £10 I was going to be charged on the 9th June. The letter then goes on to say about how they try to offer help and advice and they list the various different ways to stop get charges and then give me the number for Consumer Credit Councelling. It never says anywhere about being in Full and final settlement of this claim although they do say 'we hope this matter is now resolved'. As I said before I am grateful for this as like you say some have had nothing but I am claiming £1196 and its not even half. Shall I now send the one of the letters mentioned in a previous thread?
Abbey - Sent Data Protection Act Letter 14/06/06
Received letter 26/06/06 microfiche argument
Sent microfiche argument letter 27/06/06 recorded delivery
Received bank statements for 15 months 30/06/06
Received printout of charges for April / March 2005 06/07/06
Sent LBA 07/06/06 (Template 1)
Re-sent LBA to two different addresses 18/07/06
Received another fob off microfiche story 20/07/06
:o Sent LBA in answer to microfiche again 26/07/06
Received another two fob off microfiche letters 26/07/06
Sent LBA Template 2 26/07/06 wait seven days
Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06 Received microfiche statements back to 2000 !!! Sending letter before action with schedule of charges today 28/09/08.
Claim acknowledged Abbey have until 24/10.
Received 50% offer 25/10 along with defence
May I add my comments on a for what worth basis. I believe A&L are being very crafty here. The obligation to look at financial hardship is very woolly and as such they could use this payment as proof they have fulfilled their obligation, if you then reject it they could use this against you. Whilst I believe you do need to specify it is not accepted as Full and final payment you also need to be careful how you word your letter. I am not going to attempt to suggest the wording without knowing the full details of your claim. It may be of course that they consider the rest of your claim unadmissable, in which case from their point of view they are making a full payment.
The only obligation banks are under is to be sympathetic towards customers who are in financial difficulty, they dont have to pay anything to customers who are in this position.
Yes they can be sneaky however you should write back to them sayng the matter is not resolved as you have £1196 of charges you wish returned and you will not accept this offer as a Full and final settlement but can accept it as a partial settlement of charges due to the financial difficulty your currently in with the remainder to be paid should the test case go in your favour, for that to be acceptable you need the bank to agree in writing.
Thank you for your help I am sat here at the moment trying to piece together a letter to send to them tomorrow so I will include what you have mentioned and see what happens. I will not let them get away with only paying that amount!!!!
Thanks again
Abbey - Sent Data Protection Act Letter 14/06/06
Received letter 26/06/06 microfiche argument
Sent microfiche argument letter 27/06/06 recorded delivery
Received bank statements for 15 months 30/06/06
Received printout of charges for April / March 2005 06/07/06
Sent LBA 07/06/06 (Template 1)
Re-sent LBA to two different addresses 18/07/06
Received another fob off microfiche story 20/07/06
:o Sent LBA in answer to microfiche again 26/07/06
Received another two fob off microfiche letters 26/07/06
Sent LBA Template 2 26/07/06 wait seven days
Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06 Received microfiche statements back to 2000 !!! Sending letter before action with schedule of charges today 28/09/08.
Claim acknowledged Abbey have until 24/10.
Received 50% offer 25/10 along with defence
Would you mention in the letter about now going to refer my claim to the fos as unhappy with figure offered?
Abbey - Sent Data Protection Act Letter 14/06/06
Received letter 26/06/06 microfiche argument
Sent microfiche argument letter 27/06/06 recorded delivery
Received bank statements for 15 months 30/06/06
Received printout of charges for April / March 2005 06/07/06
Sent LBA 07/06/06 (Template 1)
Re-sent LBA to two different addresses 18/07/06
Received another fob off microfiche story 20/07/06
:o Sent LBA in answer to microfiche again 26/07/06
Received another two fob off microfiche letters 26/07/06
Sent LBA Template 2 26/07/06 wait seven days
Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06 Received microfiche statements back to 2000 !!! Sending letter before action with schedule of charges today 28/09/08.
Claim acknowledged Abbey have until 24/10.
Received 50% offer 25/10 along with defence
That decision can only be made by you. If you decide to refer it to the fos then you would be refusing their offer (the partial settlement) and as the banks do not need to be anything more than sympathetic to your situaton the FOS may find the bank have acted accordingly.
Suppose the answer to that question is if you can manage without that amount they offered for now then go the FOS route.
You may end up getting the lot as long as your aware you may also get no more and have to wait several weeks to find that out.
Financial Hardship Received Part Settlement
Received microfiche statements back to 2000 !!!
Sending letter before action with schedule of charges today 28/09/08.
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