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 was going to leave these alone as the charges were not to bad
But as they started it
HFC Bank
PO Box 2445
Birmingham
B1 3PJ
19th August 2008
Dear Gemma,
ACCOUNT NUMBER : XXXXXXXX
Thank you for your letter dated 14th August 2008 (a copy enclosed for your easy reference), requesting a final payment of £99.21 on 1st September 2008.
As discussed with your Collection Department on the 18th August, I can confirm that the direct debit to your company has been cancelled and I will send you my final payment of £38.09 by cheque.
With regard to the £61.12 extra-accrued interest you are claiming, I would draw your attention to the Unfair Terms in Consumer Contracts Regulations 1999.
I consider that the regime of 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 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 £189.23 which you have levied against me in late payment and interest charges.
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.
Havinastella v HFC Bank
to your company has been cancelled and I will send you my final payment of £38.09 by cheque.
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HFC make my blood boil.
