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.
Firstly I'd like to say this is an immensely valuable forum, loaded with information and active on a daily basis. The power of combined forces truly now means that large corporations can no longer bully a single humble citizen when we all join forces.
Now, my issue. I live in Scotland, and I am pursuing a bank charges refund with HBOS. I took the first step several months back requesting my bank charges for two accounts. They obliged and delivered bank charges going back 5 years (Scottish system allows for 5 years, not 6 years as in England and Wales).
They pre-empted my motive by including a letter along with the list of charges. It stated that a request for bank charges would not be processed until the test case was fully resolved - blah blah blah.
This letter and the bank charges list was sent to me around 3 months ago. I have NOT yet made any requests for a refund, and further correspondence on my part with HBOS is still pending.
Obviously they didn't mention the waiver in regards to financial hardship.
I have a £350 overdraft in one account and about £100 in the other, totalling around £450. This has been the case for several months now. I have been using an RBS account in the mean time.
I am unemployed, was on Job Seekers Allowance, and my cash reserves are almost negligible. I have resorted to borrowing money from family and selling personal items to survive. They have been contacting me relentlessly everyday via phone (which I don't pick up) to chase me up on the overdraft.
I am thinking of taking the call and describing my financial position. If they send me forms to fill in and they confirm my financial difficulty. Would it not be a good idea then to pursue my request? After all, they cannot possibly DISAGREE that I am in financial difficulty in regards to bank charges, but at the same time AGREE I'm in financial difficulty with regards to THEIR debt pursuing.
Alternatively should I just take the next step as normal?
Speaking of which, what EXACTLY is the next step? I am going to create a spreadsheet of all my charges, for both accounts.
I also would want to pursue interest. My questions are:
1) If they refund my charges, do they ALWAYS use the court in the current situation?
2) If they definitly always use the court, would it be reasonable to request interest at the same time, for convenience?
3) Exactly how should I word the letter? Yes, I know there are countless templates on this site to help. But that's the problem! There are so many, and I simply am not entirely sure what I should say. I have to cover all the bases, have no weaknesses or disadvantageous requests/wording etc.
I would be very appreciative if some people on this forum could assist me in this matter, keeping in mind I'm in Scotland.
Thank you very much, looking forward to some feedback!
Maroondevo52, thanks for your resposne. I'll post some more details later when I get time. But if you have any advice to give it would be appreciated whenever you have some free time.
Need some advice on the next step!
. I took the first step several months back requesting my bank charges for two accounts. They obliged and delivered bank charges going back 5 years (Scottish system allows for 5 years, not 6 years
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