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 have been going through the process of the claim and have now got my allocation quesionaire.
On the part where it says other information do i just copy and paste the info from this site and send it along with the form? also do i send anything else relating to the above question?
I would be tempted to include the draft order from here.
This requests that the defendant discloses a full break down of its costs relating to its pre-estimates (ie penalty charges), which all banks have been reluctant in the extreme to do so.
When sending in the allocation questionnaire include a short letter, stating that "This claim should be a relatively short one to deal with I enclose a draft order for your consideration. If adopted all matters will be before the court, and if the defendant believes its penalty charges to be fair and reasonable it should not be reluctant in complying with the details of the order".
If you applied with an S.A.R - (Subject access request) to them asking for statements, using the template from here would have requested any manual intervention information.... which if like my SAR they would not have provided.
Manual intervention sheets can point towards penalty charges being an automated process or not, in not sending these if you want to push it they have committed an offence. Something to raise in court, but think they will settle before this.
In your reply I would be tempted to state that you intend to present a draft order to the court for its consideration, this will have the benefit of bringing all matters before a judge at once. Said order will order a full Breakdown of the defendants pre-estimates relating to its penalty charges, which to date all banks have been reluctant in the extreme to disclose.
Refuse the goodwill gesture and state that you will only settle for the full amount of the claim including interest and court fee's. The time for negotiation was before litigation commenced, a period which you gave them ample time to resolve the situation.
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