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.
Just got my DPA reply at the weekend, much longer than the 40 days allowed. They owe me £1802.50 by my reckoning. A nice figure as in NI we can only claim up to £2000 in small claims.
"Unauthorized overdraft charges and debit interest rates showed considerable
divergence between banks that are unlikely to be explained by costs. Charges
and debit interest rates are likely to be above the levels that would apply in a
well-functioning market."
This a direct quote from page 18 of the report. Can we use this in any correspondence with the banks?
In NI we have been shafted even more severely than the rest of the UK, as the main 4 banks (Ulster, Northern, Bank of Ireland and First Trust) have been running a virtual monopoly for years and their products are crap. My sister-in-law has been paying £50 - 60 per month in charges on an account with one of the local banks which she keeps well in credit! The main 4 banks have had a captive market because of the (until relatively recently) limited access to mainland UK banks. I joined A&L when they opened up here hoping they would be different. They are! They shaft you in a different way! (Reminds me of a bad joke about the definition of "indifferently").
Anyway, end of rant, thanks ampersand for the info.
Sent off my prelim. letter yesterday, but having read some other posts I realise I should have sent it recorded delivery. Is there any chance A&L will ignore it because it wasn't sent RD?
If you got the second sod off letter, send off your lba with the spreadsheet included and don't forget to send it recorded delivery.
You might get another sod off letter, even if you do, keep to YOUR timelines, but allow two days for receipt of the recorded delivery letter. No reply or another sod off letter, lower the boom and file for recovery of the charges.
They wont pay up before you issue in Court, it is not their way, They are making us earn our money.
Do I wait the remainder of the 14 days or can I send off the lba immediately?
If you aren't desperate to be getting on with it, pbwmca, why not stick to the tried and tested timetable?
This has two benefits:-
a. it shows the court you have been 'reasonable' in the processing of your claim; b. it shows A&L you won't be goaded into inappropriate action.
And I've just thought of another one - it gives you time to gather your thoughts and make sure you don't make any mistakes in your claim which may come back and bite you!
Thanks for the advice Battleaxe and younganfree. I decided to let it ride for the full 14 days. lba was sent yesterday (Recorded delivery!) with another copy of schedule of charges.
I'm starting to get the hang of this, but it's still great to have the backup of the people here.
It gets easier as you go along and the support you get from everyone here is fantastic.
I am finding waiting until the 11th December hardest bit, but as I have several claims in the pipeline they are all helping pass the time. I doubt if I will get anything settled by Christmas, but the new year will be great. I am hoping that these claims will sort out a couple of other debts, or even if they reduce the balance owed, that is fine by me, because it means less for me to pay eventually. I look on all of this as a savings account. Any cash in hand is a bonus for me.
I don't get upset now if the phone rings, because I know I have control of the situation. Actually my phone has been very quiet.
Oh the other advantage as an aside: The thing I have put in place to protect myself and make sure my money is only used by me.
Yesterday I tried to pay for something using my credit card. As I had told the CC provider if anyone tries to buy anything on the internet they were to block it. so my card was refused. i tried three times, refused each time. i rang the CC provider and told tham what happened,. they unblocked the card for the merchant to complaete the transaction. As quick as a wink I tried again, to have the card refused.
About two hours later I get call from the Security mob at the CC provider. I know the conversation is being recorded. the poor man at the other end, I did feel sorry for him. After the security bits he asks about the transaction. I told him it was my fault and that it should show about five attempts to get this transaction put through. to add to the problem I had paid the money on this card for this transaction about two hours previously, as the company I am trying to pay the transaction to will only accept Mastercard or Visa and my debit card is Solo, so it had to be CC.
I get an email this morning from the company I am trying to pay to say the transaction went through. I am chasing this company to see if they can get their bankers to accept Solo cards, it will be so much easier to pay by debit card.
See I am trying to be responsible. Not have interest racked up on my credit card and keep my life in control. beaten by my own genius...arrggghhh
This bunch are getting even quicker. Sent lba on Tuesday and got the usual sod off reply on Saturday! (Letter ref UNFAIR4)
I'll give them them the rest of the 14 days just to show them how reasonable I am, LOL.
And so (HI HO, HI HO) it's off to court we go.
PS. I agree, Battleaxe, sometimes we end up chasing our own tails, trying to comply with the banks. Martin Lewis (The Money Saving Expert) has the right view; it's an adversarial system and we need to fight back. That's why this site is so good, it gives us little folk a fighting chance.
Hi all, Happy New Year. I have let my claim ride over the Christmas period.
I've just filed my claim on the NI Courts online small claims service. I have a query that, perhaps, someone familiar with the NI process could possibly help me with.
The online system did not allow me to attach a schedule of charges, will this cause me any problems?
I can't help but admit that I am now very nervous, this is the business end of the procedure and dealing with the law is something I have no previous experience of.
I was able to attach a schedule of charges to my claim as the court returned my claim with the following query:
Mr PBWMCA
I am unable to process your documentation until the undernoted matters are attended to:
Your small claims application requires service in England/Wales. I have endorsed the application with
the required certification, which you are required to sign and date before returning. Before you decide to
proceed with the application it is important that you are aware of the following factors:
1. It takes longer to obtain a decree as additional time is required for service outside the jurisdiction.
2. If you are sucessful in obtaining a decree and wish to enforce it, you can only enforce it through the
enforcement procedures in England/Wales.
3. It is possible in most cases to initiate proceedings in England/Wales where the defendant resides.
If you would like further information on the registration or enforcement procedure in England/Wales you
should contact the Queens Bench Action Department of the Central Office of the Royal Courts of Justice,
Strand, London, WC2A 2LL (Tel No 020 7947 6089).
However, if after considering these factors you decide that you wish to proceed in this jurisdiction, please
return the forms and I will process them for service.
Please confirm if Aplicants title is Ltd or plc if so please provide registered office address for service.
I have provided the required information and agreed to continue in the NI courts.
The clerk told me that, as the paperwork had to be served outside their jurisdiction, it would be 6 weeks before I could ask for a decree against A&L.
Another A&L Victim Retaliates!
available in NI?
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Originally Posted by pbwmca
Re: Another A&L Victim Retaliates!
