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.
Just wondering if anyone has tried to get their 'administration charges' refunded, my wife has an account with them and so far they have added about 8 lots of admin fees at £12 a time. When I challenged them they couldn't give me a Breakdown (of course)! I feel an SAR coming on!
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
I have an address on a payment invoice, shall I use that? Quite looking forward to this!
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
When I said to the woman on the phone that I would get the charges back, she asked how. I just said that knowledge is power! Seaside Lady you're obviously an expert when it comes to claiming off catalogues! I read your threads.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Cashed the cheque yesterday, so they've obviously got the letter!
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Statements arrived yesterday, they're not that clear but on first inspection about £150 of charges. Will try to get spreadsheet done in the next couple of days.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Comes to £159, in fact! Every little(extra) helps!
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Just wondering which letter to use as a template asking for it back.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Will this do?
************************* ************************* ******
[your address]
[their address]
[date]
Request for repayment of charges
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
My request
I am writing to ask you to refund to me administration charges which you have levied from my account over the last 2 years.
The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of administration charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require
I calculate that you have taken £159.00
I enclose a schedule of the charges which I am claiming with this letter.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Ok. Will try to get that done tonight, hopefully they'll cave in and refund/credit the money!
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Marshall Ward
. 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
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