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 Had An 0% interest Free Finance Arrangement Over 3 Years For My Bedroom Furniture, £36 Per Month, If A direct debit Was Returned They Charged £32, If It Was Returned Again They Charge Another £32, Plus £25 Per Letter To Tell You It Had Been Returned . . . Suddenly You Realise How They Can Afford These Interest Free Deals . . .
Dpa Sent 10th July, Current Charges Estimation Stands At £600 . . .
Somebody Message Me If These Companies Are Not Inluded In The Disproportionate Penalty Issue . . If Not Onwards And Upwards!
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Right its now 20 days into the dpa and have heard nothing! Was thinking of sending a 'nudge' reminder - would that be ok or would i look desperate . . . .
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
ok ASSERTIVE (GGRR!) reminder letter sent today. Roll on August 19th!
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Ok, am still waiting impatiently for my info. Have gone through my bank statements and have worked out the charges levied on my Hitachi payments. Now i suspect that this company wont respond to any of my requests. To get on the front foot what does anyone think of me sending my pre lim for the charges I think ive incurred? In the mean time should they respond to my DPA SAR then if the figure is different then I could amend it for my lba? To be on the safe side I could slightly over estimate rather than under estimate? If they continue to ignore me I could start court action for the non compliance, also if it got to court surely the emphasis would be on them to disprove my charges since they havent played ball?
Any opinions out there please? Many thanks MissP x
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Just go for it and claim would be my advice. You could state in your letter that the amount being claimed is an interim figure, (make it as accurate as possible from the information you already have), subject to revision when full details are available. You can alter the amount up to and including the date at which you file a claim through the courts. (Maybe even later should any unlawful charges be applied between the claim and appearance dates.)
My first letter to Natwest stated I was claiming £421.00, and after receiving my statements etc, revised that to £521.00 in my second and subsequent letters. (They paid the £521.00)
Good luck with your claim, and never forget, YOU are in the right, the financial institutions with which we are dealing have only stalling and scare tactics to hand.
Regards,
PeteCC
NatWest, claimed £521.00, settled in full.
Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk...-progress.html
Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.
Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.
Ooh, the suspenders is killing me!
Thanks! Have just printed my letter, will post tomorrow, lest see what they say to that!
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Pre Lim sent on 7th, cant wait till 21st when can send my lba, still no reply to SAR, only 10 days left before I report them . . . . . . .got a funny feeling these guys are just going to try and ignore me the whole way though this process . . .
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Look Like I spoke too soon . . . Letter this morning
Hitachi Capital Consumer Finance
2 Apex View
Leeds
LS11 9BH
Dear Miss Pickles
I am writing further to your letter regarding the handling of your account.
Having consulted our records I agree with the charges you have listed in your letter; a full response to your Subject access request will be forwarded by one of my colleagues in due course. (DUE COURSE!!?? THEY HAVE ONLY 40DAYS TO RESPOND AND OF THAT ONLY 10DAYS LEFT!!)
However, I do not agree that the charges are inappropriate in any way. They form a part of the contract to
which you refer and have signed; which indicates clearly the charges payable under certain defined
circumstances. Your signature is an implied acceptance of these charges, which are part of a tariff based on
industry standards.
Our records indicate that following each direct debit failure we had to contact you (NO THEY DIDNT THEY JUST REPRESENTED MY DD WITH THEY CHARGE ATTACHED TO IT!!!!!!!!!) to obtain payment by
alternative means, then expend time and administration costs to process these. At no time did you ask us to
change the payment method on your account, or to change the due date(YES I DID BUT THEY SAID THEY CHARGED FOR THAT!!) for Direct Debit payments. Either
course of action would have prevented repeated payment failures and additional administrative costs.
The OFT report to which you refer related explicitly to defaults on repayments tp credit card accounts,and
doesnotrelateat this timeto chargesappliedto anyothercreditagreement.
It is my view that these charges were proper and appropriate and I shall not be recommending they are
varied in any way.
J BALL
OK so, Just wanna check with you guys that basically this looks like a bog standard letter, I sould still give them 14 days then issue my lba, the only thing that worries me is that they may try and justify their costs . . .as they have kinda made a big deal about the 'effort' they had to take to get my payment, what do you all think?
Opinions would be great x x
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
it just seems like a standard scare you off letter, i,ve had many, all worded differently, but all saying the same thing ( i dont think any ones had a letter saying " we think your right , heres your money back" ) i would just send your lba and stick to your time scale, not theres.
good luck
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
This company is such a waste of space! Only 3 days to go and no response to DPA SAR. they are so arrogent, you can see that fro the above letter. what would be the most effective thing I could do to put my foot down with them? take them to court for my info? Or report to the comissioners office? which one is most effective?
in the mean time I hav roughly worked out my charges, so am going to continue with the process. I am going to include a couple of enteries i think may be a charge as I believe these people wont be playing ball by providing me with my info and dont want to risk underestimating.
Incidently what would happen if they still refused to give me my info, and i got to court, and then they said actually she has overstated by one charge, could they get it thrown out on that? Or would they get in more trouble by not providing the info?
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
If the case proceeds to court it is up to you as the claimant to plead and prove each of the charges so you need your info from your S.A.R - (Subject access request) for this.
You should both report them to the Info Commissioner and take them to court. The Info Commissioner will investigate but is not subject to any timescale could take months depending on their workload. If you take them to court you are in control and have some idea of timescales.
Thanks zoot, Posted non compliance to SAR yesterday giving them 7 days before i file with court . . . .
FD £691.50 SETTLED IN FULL £691.50 FD CREDIT CARD £75, SETTLED IN FULL £75 MBNA CREDIT CARD £1784 SETTLED IN FULL BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200
PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x
Anyone For Hitachi Capital Bank?
Free Finance Arrangement Over 3 Years For My Bedroom Furniture, £36 Per Month, If A direct debit
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the financial institutions with which we are dealing have only stalling and scare tactics to hand.
LF53
