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 am currently contesting my bank charges with the Halifax Bank. I have written to them for the list of charges on my account for the last 6 years, which they supplied me with. I then sent a preliminary approach letter detailing the charges to which they replied that they would not be repaying any of them back. I then sent the 'letter before action' that provoked a letter saying that they would give a very small refund, but not the full amount. I replied to this saying that we would not except this and wanted the full amount, to which the Halifax then replied that they would not pay any of the charges. I have re-read the FAQ before going to Court and now realise that you advise to accept this - but only on the condition that is is a partial settlement and that you will continue with your claim to recover full funds.
Is it OK to carry on and go to the Small Claims Court, or will not accepting the partial refund prejudice our case?
You can reply to their offer saying you accept the payment as partial settlement but will continue to pursue for the full amount. This is what I wrote, remember not to sign anything they send you.
__________________
Dear Mr Bank Man
I accept your offer of XXXX as partial settlement for my claim. Please be aware that I will continue to pursue the claim until full settlement is received.
Yours sincerely,
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when your lba time runs out, sort out your paperwork for court.
If you are at the stage in your timetable for starting court action, I would advise moving on.
Their refusal to negotiate is enough to show you had good reason to start a claim.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Not accepting partial refund?
Bank. I have written to them for the list of charges on my account for the last 6 years
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