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 a letter responding to my preliminary letter. Barclays are saying that they cannot respond in the time limit set out in my letter. Do I still send the letter before action after the 14 days have expired?
Ok given Barclays more than enogh time to come up with an offer and nothing doing. Guess they think if they leave it long enough I will go away!!
Sending my letter before action so hopefully will have the money before Ch istmas
Well got my offer letter less than half of what they have taken so am sending the following letter.
With reference to the above, and to your letter dated 10th October 2006. I wish to thank you for your offer of £935 in respect of bank charges levied over the last six years on my account. I will be happy to accept this offer as an interim payment (not Full and final Payment), but wish to inform Barclays that I require the outstanding balance of £1,550 to be paid within 14 working days. This outstanding amount now includes an additional £90 of charges, which have been levied on the account since our first correspondence with you.
I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.
If you've already sent the lba, then the 14 day clock has started. Stick to that deadline and amend your letter above. You could say something along the lines of "I refer to my Letter of Action to you dated XX/10/2006 and remind you that my 14 days deadline for the repayment of same in that letter remains in force".
Thanks have changed my letter and will stick to the deadline
Thank you for your letter dated 10/10/06
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2465
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My letter before action sent previously indicates that you have until 20/10/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.
Well got letter back from Barclays basically saying if I do not accept their pitiful offer take them to Court, so their wish is my command. Sending off my N1 for today to the Court and have marked on my calender the 14 days to see if they file a defence or acknowledgement and if they acknowledge the claim have also marked a further the furhter 14 days they have to to see if I they then file a defence. So just have to wait and see what happens
Just remember that the court allow 5 days for them to be served and THAT is when the 14 days starts - making it 19 days to acknowledge and then once they do, a total of 33 days from the date you filed to enter a defence.
Take this time to start putting together your court bundles.
I've been reading your entries about trying to claim your bank charges back from Barclays. I'm just about to start the process claiming back from Barclays also and wondered how you had got on since your last entry in October??
Sorry my computer is not working and I am having to use the one at work, just got my letter from the Court to say that Barclays are to file a defence so they have the extra 28 days,
Update not got the actual dates with me as at work so have to be quick.
Barclays have until the begining of December to file their defence, I am looking on the web site to find out how to fill in the AQ then I am ready just in case they file a defence. Also getting my Court Bundle ready as quite a lot of paperwork with the 6 years of bank statements etc. Will hopefully have a fully working computer by this weekend to give a fuller update
My computer down to so am also using one at work!!!!
Just for your information, I received defence back on 30th August.
Filed aq on time and have got bundle all sorted in advance.
My court date is set for between 26th March and 13th April next year!
Depends on courts etc, but don't be too disappointed if you get a date that seems a long way away.
I doubt you will have to wait that long anyway!
My advice is just to stick to the time table and get everything done asap so that if you do have to hand in your bundle or indeed go to court you will have everything you need in place already.
I don't think it will get that far though but better to be safe than sorry!!!
Good luck - I'm sure that you will be fine!
Sarah
BARCLAYS - £9,807.75
Data Protection Act SENT - 13TH JUNE 06
PRELIMINARY SENT - 13TH JUNE 06
LBA SENT - 4TH JULY 06
:o CLAIM FOR £9,707.75 FILED - 17TH JULY 06
CLAIM SERVED 1ST TIME - 20TH JULY 06 CLAIM SERVED 2ND TIME - 22ND JULY 06 CLAIM SERVED 3RD TIME - 2ND AUGUST 06
ACKNOWLEDGEMNET OF SERVICE - 14TH AUGUST 06
DEFENCE RECEIVED - 30TH AUGUST 06
ALLOCATION QUESTIONAIRE - 18TH SEPTEMBER 06
ALLOCATED TO FAST-TRACK - 28TH SEPTEMBER 06
STANDARD LIST OF DISCLOSURE
(BY LIST) AS ON COURT ORDER - 1ST NOVEMBER 06
Barclays have until the 26th December to file a defence (will have to be before the Christmas shut down or they will be out of time) they have given me a address for service which is
Barclays Legal and Compliance
Litigation and Disputes
Level 29
One Church Place
London
E14 5HP
Probably will not get any response from the Court until after the New Year as I amy pretty sure they shut down or just have a small staff on inbetween Christmas and the New Year. Even so my Court Bundle is all photocopied and ready to send out.
Hope you all had a lovely Christmas and New Year.
Well back to the grind stone.
Got back from my Christmas break to find the aq had arrived in the post and not the N149 as I had expected and was ready to fill in but the N150 which is for claims over £5000, sent in error but have to fill in in anyway. There is a part that is asking for directions which I am not sure how to fill in or even if I have to send any. Went onto the Jonni2bab Thread to find out how to fill in the AQ as it has a detailed explanation on how to answer all the questions for both forms.
If any one has any suggestions about the question F Proposed Directions would be very grateful for you help
thanks.
Hope you all had a lovely Christmas and New Year.
Well back to the grind stone.
Got back from my Christmas break to find the aq had arrived in the post and not the N149 as I had expected and was ready to fill in but the N150 which is for claims over £5000, sent in error but have to fill in in anyway. There is a part that is asking for directions which I am not sure how to fill in or even if I have to send any. Went onto the Jonni2bab Thread to find out how to fill in the AQ as it has a detailed explanation on how to answer all the questions for both forms.
If any one has any suggestions about the question F Proposed Directions would be very grateful for you help
thanks.
Took my aq to the Court so that I am sure it has been returned in time(I had until the 8th January to send it back)
Just want to say a big thankyou to everyone who helped me fill it in and for the copy of the Directions.
Starting to get a bit nervous but have to say that reading other peoples comments is a big help