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.
....Maybe I'm miss understanding....but you just have ?
1. Me -v- Nationwide
£3071.84 Moneyclaim issued 7/9/06
Their charges plus their own rate of interest 24.9% for unauthorised borrowing of my money!
8/9/06 Claim issued
13/9/06 Acknowledgement received (N/wide Charles Bacon - Intends to defend all of claim)
2. Me -v- Nationwide
Data Protection Act 3/9/06 £10 cheque cashed 8/9/06
Claim for charges (TBA) plus CCJ removal when I missed some agree repayments of their unlawful charges via Bryan Carter/Fredrickson intl.
3. Me -v- Barclaycard
Data Protection Act 3/9/06
4. Me -v-Halifax - On hold (Having problems getting a new bank account so can't start halifax yet (NEED debit card). Tried NatWest Step, Halifax Cardcash and Co-Op CashMinder - Any advice?
My daughter went to Nationwide yesterday with Data Protection letter. She paid £10 cash (got a receipt), as they wouldn't take £10 from her account - (yes, she actually has cash in it), and she doesn't have a cheque book. She got a phone call later saying that she couldn't pay cash, and had to pay by cheque or postal order. So I've had to give her a cheque. They did say that they had passed the letter on, stating cheque to follow!!!!!!!!!!!
Anyone any ideas why cash isn't good enough?
No idea - can't see the problem myself as it was signed for!
Let us know how you get on
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
My daughter has just got her bank statements. only took about a week, despite the problem with her giving them cash.
She really did not have a clue what she had been charged. She's just had a quick tot up about £500. All of them with the same stupid thing direct debits out one day, wages in the next!!!! It just proves how close & small the payments were, as the interest is only pence.
She said never mind about that, but its all better in her pocket so the interest will be going on as well. Nationwide certainly wouldn't have let her off with the pence - after all it was these small amounts that put her into an unauthorised overdraft. Nationwide wouldn't let her have an overdraft.
She is a lone parent, and was getting working tax credit. In the end, she decided it wasn't worth while working, as she seemed to be no better off at the end of the month. She never checked her bank statements - ostrich syndrome. Anyway, after reading the site, she has also sent her £10 off to a catalogue company to see what charges they made. Hopefully Xmas will be a decent one this year, or at least a nice start to the new year for her.
Now to stage 2.
Great stuff - follow the plan and she will have her money back by Christmas. If you need help, just ask
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
One quick question do you ask to reclaim the £10 fee straight away, as it had been stated in the 1st letter. I notice it has not been mentioned in the 2nd letter. I hope I have asked you this correctly.
We have just added up properly and the amount my daughter is going to claim back is £310.20. I think she may have another Unauthorise overdraft fee sometime next week, as they let her transfer her rent Not as much as she originally added up. This was because she paid a council rent cheque in on 19th August, (Monday) am and transferred it out on the Friday - thought she'd allowed 5 working days. It means you have actually got to have a cheque in the bank for 7 days !!!!!!! She will be waiting for another week or so before she puts her claim in. WANT EVERY PENNY!!!!!!!!!!!!!!!!!!!! !!!!
It took us a while to work out they were charging DD fees nearly 2 months after they occurred. I noticed this changed part way through this year - maybe so many people claiming back made them change their ways slightly.
Hi furndire, I know exactly what you mean, i am a single parent too. Tell your daughter to stick to the timetable and she will have her money back in no time. Nationwide didn't mess around with mine, as soon as they got the court papers the money was paid into my account the same day.
Keep us posted
CARMEN
PLEASE TIP MY SCALES IF MY ADVICE HAS BEEN HELPFUL
Halifax £2991.04
s.10 letter sent 8th August
Letter to Legal Dept sent 8th August
Reply to s.10 letter 1st September
Prelim letter posted 5th September
Prelim deadline 20th September
LBA Letter 21st Sept
N1 Form submitted 10th October
She has also sent off for statements from a catalogue company, as she thinks she has been clobbered by them as well.
I must admit Nationwide were very quick sending out statements, but she had not had the account very long.
Sorry I've put this as a new thread, but wasn't sure if my proper one would come up. Sent lba last week, and I am just looking at N1 to take to court. Not sure how to fill it in.
1 Defendents - Nationwide, but which address should I use
2 Is there any special wording on Brief details of claim
3 Where do I add on the 8%, and do I need any specific wording for this.
I feel as though I am being a bit dim, as I have read, and read loads of threads, but I don't want us to fall at the final hurdle.
Thanks
I have a contract with the defendant dated
XX/XX/XX and which is conducted on their
standard terms and conditions.I am claiming
the return of money taken in the way of
charges over the last year + the interest
they have levied on those charges.The
charges are a disproportionate penalty and
therefore unenforceable as they are
contrary to common law.Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 sch.2(1)
(e).In the event that the charges are not a
penalty then they are unreasonable within
the meaning of the Supply of Goods and
Services Act 1982 s.15.I have repeatedly
asked them to justify their charges but
they have not done so.I also claim interest
under section 69 of the County Courts Act
1984 at the rate of 8% a year from xx/xx/xx
to xx/xx/xx of £xx.xx and also interest at
the same rate up to the date of judgment or
earlier payment at a daily rate of £x.xx.
Daily rate is claim total (not including interest x 0.00022)
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
She will need to file the N1 at court and take proof of her entitlement to benefits. She will also need 3 copies of everything. Best of luck to her.
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
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