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 HAVE A FIRE IN MY BELLY AND A MONKEY ON MY SHOULDER........
i am going after RBS, i have just checked an account i only use for sky tv, i knew there was a charge or 2 but thats all, just checked my statements and found i have £250 inc interest.
i am going to start action for this money in light of the oft fiasco which has done us a favour imho. will keep you all updated, i have reclaimed over 7000 up to now.
i have looked at the judgement myself and think i have devised a firt letter that will be ok , here it is
I believe your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank 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 other 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. Under Clause 5(1) of the UTCCR, Unless terms and conditions with RBS have been negotiated and agreed on an individual basis, which they have not, then those T & C's cannot be used against Myself because this puts the bank in an advantageous position.
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 £247.00, I am Calculating interest on that figure at 8% which is £19.76. Total £266.76. This total is the figure I require you to repay to me.
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 am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However I am fully aware the waiver no longer stands
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.
got a reply from RBS this morning from the initial request, basically spouting about the test case and how the waiver has been lifted etc, BUT, they also said they would look into my claim and get back to me, its basically the same as the fob off letters of pre july 2007. i take that as a good sign, i have sent the second letter off today and they have 14 days from now to respond amicably other wise its going to court
Rbs, I Am Going After Them
, i have just checked an account i only use for sky tv, i knew there was a charge or 2 but thats all, just checked my statements and found i have £250 inc interest
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