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 been happily waiting for a court date to appear, as I had filled in my aq, but to my surprise I instead recieved a stay of settlement throught her post.
The letter from the court is quite complicated, and I;m not sure if I exactly unsderstand it, but it basically seems to say that we have to negotiate a settlement, and that if that can't be achived in the next 28 days then AQs need to be filled in again!
I have left a message for KJeremiah and also emailed him, basically saying you know by now etc.etc. and re-stating my position. I have also offered to reduce my claim to the amount of actual loss as a result of late payments etc., as long as he is happy to provide evidence of this.
Not sure if I have doen the right thing, wondered if anyone had any experience or advice on this?
No I haven't done anything (yet) - if you read Stadium Arcadium's thread on the Lloyds forum, you'll see that Cardiff CC seem to be saying that nothing will happen until the test case in Cardiff is settled. The claimant in the test case is another BAG member so I am watching and waiting - hopefully it will settle fairly soon (at the moment they are arguing about interest and aq fees).
You are in a slightly different situation as your stay has been given a time limit. It may be that, ultimately, all of us "in limbo" will need to apply for stays to be removed - which does defeat the object of the stays being put in place (ie to prevent the court system from becoming clogged up) as there will potentially then be 2 hearing dates for the court to schedule - one for removal of the stay and one for the actual hearing.
But while you're in limbo with a stay, there is no way that you can exert any pressure on your bank/solicitors to negotiate a satisfactory settlement. Very frustrating as I started this whole process a full 6 months ago now and there is still no end in sight....
Sorry for delay in replying have been in hospital.
I have been in contact with bankfodder, and on his advice have drafted a letter to Barclaycard which I have copied to the court, stating that I will be happy to settle for the actual amount my transgressions have costed them, once they provide me with this info. I have not had a reply, but I see this as my attempt to negotiate and will fill in new aq when req if I don't hear...
I've written to the court (to try to avoid the £35 N244 fee) requesting that the stay be removed and copied the letter to Abbey's solicitors with a letter also trying to negotiate a settlement on the basis that I'll deduct the actual cost of my transgressions from the claim. The solicitors have confirmed that they will take instructions and will get back to me by the end of the week. I've still to hear from the court.