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 worked out my Fees £2755, Wow. Wish me luck. I have just included Unauth O/D fees. Paid referrals, and Unpaid Outs, is there anything else i should be claiming for?
Gotta be honest this is quite unnerving, you legal eagles out there must have nerves of steel,
Do not forget to add the interest on.You have to start at the first penalty,work out how many months it was from then till now,and then x0.79 interest (that is what mine was)it should say on the statement your rate of interest. Mine was like this; 04/12/00 charge for item returned unpaid £25 interest at £0.79% x 70 = £13.82 21/12/00 £20 unauthorised overdraft " " x 69= £9.66 etc, etc then add up all those juicy interest charges ......................... ......................... .here TOTAL It takes ages some people just add 8% but i charged them what they charged me!!!
If this helps,click the scales,and good luck
http://www.consumeractiongroup.co.uk...tml#post436526 click my scales if you think i am helpful ! yes LHS down there !! Once more into the breach dear friends,once more or close the wall up with our banks dead , The games afoot,follow your spirit and upon this charge Cry 'God for Harry' England and St George Henry V battle of Agincourt 1415
http://www.consumeractiongroup.co.uk...tml#post436526 click my scales if you think i am helpful ! yes LHS down there !! Once more into the breach dear friends,once more or close the wall up with our banks dead , The games afoot,follow your spirit and upon this charge Cry 'God for Harry' England and St George Henry V battle of Agincourt 1415
You can't claim interest - at any rate - on money they took from you till you get to the stage of making out your court claim.
You CAN claim back overdraft interest that THEY have charged YOU but only to the extent to which that interest was caused by overdrafts which were in turn caused by previous unlawful charges.
Hi Tadmeister.
You will find some members like myself found it easier to leave the interest out on the overdraft.
My reasons for leaving the interest out were because i felt the interest they charged me was a true reflection of the costs the bank incurred and secondly it was just to complicated, i found it easier to claim the charges then at the moneyclaim stage i just added 8% interest.
Far easier in my opinion.
Hey but it's your choice if you feel confident go get every penny.
Good Luck.
Tip for you don't be nervous this proceedure is not complicated and were all here to help you later on.Barclays will try everything to bully you into submission, just shrug it off and fight back.
Argyle.
Story So Far:
Pre letter sent 14th August.
Barclays Reply 18th August.
Barclays Reply 5th Sept.
Lba sent 30th August.
Rejection letter sent 9th Sept.
Barclays reply 13th Sept.
Mcol submitted 15/09/2006.
AQ received 21/10/2006.
AQ returned 23 /10/2006.
Court Date:25/01/07 10.30am
Phoned Barclays 08/01/07 Said they would contact me shortly.
15/01/07 Received letter offering a full settlement however figure was short.
22/01/07 Received telephone call from Barclays asking for a settlement figure.
CLAIM SETTLED IN FULL!!!!!!!!!
Sorry chaps i do not agree with you.You will be doing your self out of a load. You add the contractual interest (say 0.795) per month on every item (penalty etc) from the time it starts to your pre lim letter (or lba if you did not do it),and each day it starts remember there is an increasing balance,. which is why compound interest then kicks in on top of that.It is based on an implied term on the bank contract based on "mutuality and reciprocity"ie what is good for the goose is good for the gander. Bankfodder has already addressed this issue in depth.See interest section.
Revenge is a kind of wild justice,which the more man,s nature runs to,the more ought Law to weed oit out.
http://www.consumeractiongroup.co.uk...tml#post436526 click my scales if you think i am helpful ! yes LHS down there !! Once more into the breach dear friends,once more or close the wall up with our banks dead , The games afoot,follow your spirit and upon this charge Cry 'God for Harry' England and St George Henry V battle of Agincourt 1415
http://www.consumeractiongroup.co.uk...tml#post436526 click my scales if you think i am helpful ! yes LHS down there !! Once more into the breach dear friends,once more or close the wall up with our banks dead , The games afoot,follow your spirit and upon this charge Cry 'God for Harry' England and St George Henry V battle of Agincourt 1415
Once again thanks for the advice, I have just had a letter saying blah, blah, sorry your not happy etc and they will investigate within 8 weeks. Is this normal and should i comply, or stick with the 14 day rule. Would i appear unreasonable
Can anyone help as i'm slightly confused at reading a previous thread. I am issuing my lba, do i quote the 8% as the interest rate i am going to claim against them as the payment in the LBA or do i just quote the original claim, interest free and then add this 8% when actually filling in the paperwork for the small claims court. Or do i have to work out all the actual interest ( tried it and got it all wrong) and quote that. I was sticking with the 8% for ease of use and quoting that in my LBA but am now unsure,
HSBC
7th October 2006 - Prelim for £3078
24th October - LBA
7th November - Claim filed
11th November - Acknowledged with intent to defend
11th December - Defence filed
16th December 2006 - Offered full amount but no default removal. Rejection letter sent.
Halifax
7th October 2006 - Prelim for £3427
24th October - LBA
3rd November - Offered £913
3rd November - Accepted as partial payment
7th November - Claim issued
21st November - Acknowledged with intent to defend
11th December - Offered full amount but no late payment removal
4th January - SETTLED + removed adverse credit info
A & L
19th October - Prelim for £540
26th October - Offered £358
2nd November - Accepted as partial payment and LBA
27th November - SETTLED + removed adverse credit info
IF you can identify interest from your statements that Barclays have charged SOLELY because of unlawful charges, then that (and only that) interest is reclaimable too. That, as you've seen , is the interest mentioned in the prelim and lba.
Victimnomore
By day, quiet unassuming bank customer - but, by night, .. .. .. .. .. Barclays Case1 14/03/07 **WON** FULL settlement £3358.39 Barclays Case2 08/09/08 Prelim: please give me my £187.91 back. Halifax Case1 14/03/07 **WON** Refunded £728 (including £54 costs) Halifax Case2 08/09/08 Prelim: please give me my £268.24 back.
first of all, all you guys helping here, i reckon 10% donation to keep this site and stuff going is an absolute pleasure to donate. You are providing a service to people like me who are very nervous around anything legal and court orientated....cheers... to business , lol.
I have just submitted my online claim. Do i now have to send the bank a copy of the bank charges with a Breakdown of the 8% also for interest or do i wait for further action and dates from the court. Do i have to let them know that a claim has been put against them?
I have just submitted my online claim. Do i now have to send the bank a copy of the bank charges with a Breakdown of the 8% also for interest or do i wait for further action and dates from the court.
Yes submit an updated schedule of charges with the 8% to Barclays and a copy to MCOL with a letter asking them to attach the charges to your case. Makesure you include your claim number in the letter.
Do i have to let them know that a claim has been put against them
No. Mcol will tell them soon enough lol.
Story So Far:
Pre letter sent 14th August.
Barclays Reply 18th August.
Barclays Reply 5th Sept.
Lba sent 30th August.
Rejection letter sent 9th Sept.
Barclays reply 13th Sept.
Mcol submitted 15/09/2006.
AQ received 21/10/2006.
AQ returned 23 /10/2006.
Court Date:25/01/07 10.30am
Phoned Barclays 08/01/07 Said they would contact me shortly.
15/01/07 Received letter offering a full settlement however figure was short.
22/01/07 Received telephone call from Barclays asking for a settlement figure.
CLAIM SETTLED IN FULL!!!!!!!!!