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 raised this issue with the NW a couple of months ago and got a "sorry but this only applies to credit cards etc" response. After reading a lot of the info' on here I thought I'd have a go. So, last week I sent the initial template, along with all of the details of my £3k claim, dates, value etc from the last 6 years. I got a letter back saying my complaint was referred to the "group customer relations team", and that they were ordering copies of statements.
They've said they'll be back to me within 14 days of their letter, not 14 days of my letter. There is only 2 days difference. Is that ok or should I press ahead using my letter as the starting point ?
So, initial letter sent on 8th, response on 12th, now another letter saying another 10 working days, and again that my case has been referred to the Banks Customer Relations Unit.
By my reckoning their 14 days notice is up tomorrow...is now the time to stick my lba in & ingnore this last letter ?
This is YOUR claim, YOU are in control here, NOT them. Stand by what you told them so that they know you mean business and show that you won't be walked over and dictated to any more.
Going to do my lba today, even though they're trying to stall for time, and after reading the draft letter I found in the library, a couple of questions come to mind......all help appreciated....!
1) Where do I send the LBA, to the person who wrote to me last or direct to the customer relations people?
2) If to the CR bods.....anyone know where they are ?
3) The draft letter mentions the interest on the fees, but I read somewhere that interest shouldn't be mentioned/calcualted till you get to the Court stage ? If I need to add it now, do I just use the calculation that the spread sheet on this site worked out ?
you only claim the interest that they charged you on the charges they levied against you if those charges took you over your limit, you claim 8% interest if you go to moneyclaim
Thanks for that Chris. The draft lba letter makes ref to the "£xxxx that you have taken plus £xxxx which you have chatged me in overdraft interest for the sum which you have taken"
How do I work that value out ?
ok lba sent, but didn't mention exact amount of interest, as I didn't know how to work it out.....Please can MOD's assist ?
So, clocks ticking again......tick tock etc, will keep you posted on their response.
Thanks NWSF, I found a spread sheet under the FAQ's section, which calculates the interest on the charges.
Another question though to anyone who might know ??....I've had less charges in the last couple of years, but continued to pay interest, so the interest has been charged on the o/d facility rather than strictly being interest on charges. Do I claim for the interest on the interest on the basis that the charges forced me into the O/D in the first place ?
lba sent on 1st giving them 14 days. Letter from Mr Higley today dates 6th which looks like st'd *** off letter; blah blah blah follwed by;
" It is disappointing to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our registered office address at 135 Bishopsgate London EC2M 3UR"
"Is suspect that this is unlikely to be the naswer you might have hoped to recieve but nonetheless thank you for taking the time to contact us"
So, is this the same as anyone else got ? no partial offer.....should I have expected one? What do I do now....wait till the 14 days is up & move onto MCOL? Or does this response buy them any time?
Once I stick a MCOL in, what do they tend to do then?
Yes, time to file the moneyclaim. This is exactly what has been happening to everyone else on here.
You file the moneyclaim giving them 14 days to make the next move. They will acknowledge the case, giving them another 14 days to respond (total 28, plus a couple of days to allow for the time taken for moneyclaim to begin your action = 30). On day 31 or 32 Natwest will announce they are defending the claim, and Nobbetts will send you a load of sheets of paper with rubbish printed on them. You then write back, acknowledging reciept of rubbish but saying you won't send anything under CPR 18, but, you are a nice person so you will send the list of charges becuse they appear to be retarded and unable to press a button on their computer to bring them up (or take a look at your other letters).
14 days up so I've got to the MCOL stage a few questions which I'm hoping someone will be able to help me with;
Human rights ? Do these claims have any human rights issues yes or no ? (apart from the obvious EDIT of our funds etc !)
How do I work out the daily interest? & there doesn't appear to be any way of attaching the spreadsheet calculation ? How has anyone got round that ?
ok...been back through FAQ's & found answer on daily interest, but not on Human rights or the attachment of spread sheets.....any help gratefully recieved !
No to the Human Rights thingy.....you cant attach to moneyclaim so either do it at your local court where you can give them paper copies of eveything or do moneyclaim then send copies of your sort code and account munber and schedule of charges to Natwest Head Office and Cobbetts when you receive an acknowledgement from them!
Clark xx
If you like the advice I give or I have helped you in any way, click the scales and let me know about it x
NatWest: £1148.00 (defence filed 3/10/06)
Halifax: £2600.00 Letter received 28/09/06 SETTLED IN FULL!!!
Co-op: £1140.00 Cheque received 5/10/06 SETTLED IN FULL
Barclays Bank: £510.00 (LBA time up 19/9/06) Offer received of £250.00 thanks but no thanks
Barclaycard: £840.00 Half refunded mcol being done for the other half!
Capital One: £100 Settled in full after preliminary letter
The Shelty bites back...***WON***
. I got a letter back saying my complaint was referred to the "group customer relations team", and that they were ordering copies of statements.
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14 days up so I've got to the MCOL stage a few questions which I'm hoping someone will be able to help me with;
Re: The Shelty bites back...
