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.
Have had all the statements back from BOS, without delay it has to be said, even thought they missed out a month, they sent those as soon as I rang and complained.
I have an account in joint names with my wife (We call this the current account) and my wife has one in her own name which all the bills come out of, (We call this the bills account). On the current account there are charges of £4010 without interest, and on the Bills these total £2633. Am I within my rights to claim in my own name only on the Current account and my wife to claim on the Bills account in order to aviod going over the £5000 limit or is there a risk that the bank will apply to have both claims joined as Deb (wife) is holder of both accounts albeit jointly on the current.
Secondly, I'm being a bit thick, having searched the forum, I can't find either a potted version of the stated case or the judgement that started all this rolling, whilst in principle I understand what has been said, with a background in criminal law, in order to take this further I would like to read the ruling or at least a summary of it and the background to it inorder to prepare for the battle ahead, I also think that it sounds alot more professional if you can quote stated cases and judges rulings verbatum!!
On 18/12/06 BOS paid out in full to the tune of £6253.79 inc court costs. Paid in to the account that the charges were taken from, got a letter from them a couple of days later explaining the usual, that its not in thier financial interest to defend the claim blah blah blah!
I followed the well trodden path with the DPA letters and requests and was offered partial payment which they later increased during a call from them. I explained to the nice lady on the phone that there was only one outcome that was acceptable and declined the offer and started proceedings against them. They went as far as notifyng MCOL that they intended to defend the claim and then just coughed up without telling me!!
For those of you looking for moral support to tackle the banks, the advice on the CAG web site is spot on, and the "doing" is alot easier than you think if you follow the advice exactly and stand firm. For what it's worth I was nervous about doing it and when I got the letter from them stating that they intended to defend, I got REALLY nervous but they really will call your bluff to the last minute!! Remember we are in the right and they are wrong and have been caught out. The silly thing is if they had given me what I wanted in the first place then they wouldn't have had to pay the interest and the costs.
Now I'm starting proceedings against them for my wifes account, I'll do the leg work whilst she will be the defendant. They're gonna love me!! This claim is for over £4000, making a total of over £10,000 claimed back. Then It will be the credit cards turn. The irony is that these claims are from a time when we were frankly stupid with money that was pre children, (I know that many folk are in in a difficult situation due to circumstances rather that poor money management as in our case) and we had thought that the money was gone forever, to get it back feels fantastic!!
My advice - Go get what is rightfully yours and learn from it!!
Congratulations..... a tremendous result.
It appears that you've got it all sorted and are thoroughly enjoying yourself. It's a good feeling to be able to take control of the situation, isn't it.
I wish you good luck with your next claim, but remember that each claim is different so be prepared.
Have you completed the survey, regarding your first success?
Merry Christmas and (already) a prosperous New Year.
Regards, Rooster.
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Battle of BOS(worth) geddit!!
, without delay it has to be said, even thought they missed out a month, they sent those as soon as I rang and complained.
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