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.
Well after thinking and waiting and spreading the word I decided to take action! I got the statements, sent the first letter recoded delivery, got the fob off "in our own time we'll look into it". Sent second letter, deadline passes on Monday, no sign of a response yet! Should I ring the customer complaint line and check they got the last letter or just go for the jugular and file the court papers?
I told one of the girls of work, first letter she writes, all the money back!!! Good for her but looks like I'm going to the wire! eeekkkkk brown trouser time I think.
He he, yes I think your right, just lookin for moral support. I admit to being intimidated by the banks. Given me so much grief over the years. Payback time
Well just got a letter from DLA PIper Rudnick Grey Cary
In response to my starting of legal action. They claim not to have any details of the amounts I'm claiming and interest (funny it's all on the money claim form!) Do I just send a printout of my charges as previously supplied to Abbey or do I need to send copies of the relevant bank statements as well?
What with the weather and all, I'm starting to sweat!
Are they asking for this under CPR part 18? If they are, you don't have to supply anything, since part 18 doesn't apply to small claims, which they know only too well and can only be ordered by the court, not the defendant.
Write back mentioning this and that you find their letter intimidatory and wiil bring this to the courts attention, but as a gesture of goodwill you enclose a copy of the printout of charges.
Yes standard letter from DLA - they just want to see your list of charges (send the 8% spreadsheet) - probably Abbey can't be bothered to give them to them. ( I dont think DLA bother with a part 18 request as they know its not applicable)
I'd just send the list and a simple covering letter - although suprised that their clients having provided them with this information, you enclose it for their reference as a goodwill gesture.
Yip, thats the tone I adopted, just still feels weird taking on the big boys!!!! nice to know there's a bunch of nice people out there to come to the rescue and give moral support cheers.
Well I'm getting there! Just had lette from DLA Piper, giving notice of their defence and offering 50% to settle early.
Obviously they must be psychic or eco friendly, as the copy letter I am supposed to sign and return to accept the offer is not enclosed. Or maybe they are just going through the motions knowing they dont have a proverbial leg to stand on.
I presume the defence they have set out, basically denying everything is pretty standard?
I'm just going to email a polite "no ta, see you in court" along with a written reply just to make sure.
Think I should invest in some brown trousers now!
Have a good day folks.
Defence sounds standard, the 50% offer letter is standard too - they dont seem to actually expect anyone to accept and have given up sending the second copy
Your letter back to them needs to say that you accept the 50% in partial settlement and you'll continue with your claim for the rest. They'll withdraw the offer. Then you are the reasonable one if it ever goes to court.
Dont spend too much on the brown trouses, I doubt you'll ever need them
Well just come back from me hols to find the defence from DLA and the allocation questionaire from the court.
Nice little task tomorrow night filling out the form and sending of me fee.
The defence from DLA sounds .......authoratative! Makes what appears from reports here, to be the usual "it's your account and you agreed to it mate" statement.
The consolation of course is that through those who have been before you you pretty much know what to expect. Im notlooking forwarfd to those moments when i opne that kind of letter before realsisng that its all standard stuff.
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
I'm looking forward to getting my standard stuff from DLA Piper, as that means getting closer to getting my money back. Its getting non standard stuff that I am worrying about. Good luck with your claim and keep us posted.
Paul have you had a letter asking you to get documentation together and deliver it to the court and defendants by 14 days prior to hearing?
Jonni2bads bundle is as kick-ass as they come (check Karnevils thread about page 12 I think it is), but also in the bank templates library there is now (bless the Mods ) a court bundle template which gives you a rough outline of the sort of things you'll need to include. Good luck.
My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.
READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!
My active claims:
Owed £150 from Barclays.
Husbands claims:
Owed £1049 from Lloyds.
Glorious Victories!:
Barclays Joint Account- Settled £823.
HSBC Joint account-Settled £50.
Studio- Settled £80.
HSBC Student account- Settled £560.
Lloyds Credit Card- Settled £72.
Freemans- Settled £40.
Abbey Joint Account- Settled £330.
Waiting till all claims settled then Donation-A-Rama.
getting worried now!!!! +*+* WON +*+*
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