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 am thinking of checking with BOS on how much they had taken from me, not as much as my ongoing case against Natwest I think, so I may just send off for a SAR first. I may or may not try to get back my money as I have a good ongoing relantionship with them. But there are some questions I would like to ask first, I opened the account in Edinburgh, Scotland, but I am now in Manchester, England. So which law applys? Or it does not matter as the (est) amount is less than £500 anyway. The reason I may not want to take action is as I said, a good relantionship, and I have a 0% overdraft with them. Even if I get a backup account, I will not get the 0% overdraft, and I do not want to loose that.
If £500 is right, then the court dosent matter, but you can claim in England if you want. Also as regards your overdraft, any enforced change to your banking conditions may be deemed "retaliatory action". That said, it is a bit of a grey area.
I suppose you could could commence action then negotiate an amicable solution if they threaten to take your overdraft away. At the end of the day, its your call (personally I would just go for it).
Hope this helps in some small way.
J
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
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Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
When I looked in my old statements (old style pre 2004), I noticed that my charges are only £8.50 each. Can I claim on that? If they are willing to negotiate, I will be happy to drop those as there are only about 4 of them in the £160 total.
A quick question to those who had claimed from Halifax.
I had charges listed as (example) "Charges to 30 Apr" £8.50 on the old style statements. But nothing happened on 30 Apr that will warrant such a charge. Instead it did go OD on 13 Apr. Is this what the charge refers to?
And the charges listed on the new style statments just reads "Charges as Notified" £20.00 with nothing else to indicate what they may be for.
No replies, not surprised. Anyway I am sending off my first letter to BOS today. Claiming for £218 in charges and £ 37.75 in interest. If they are willing to discuss, I am willing to accept a 75% offer (+/- 5%).
I am filling in the forms for HMCS website but they state that the address must be in England or Wales. The address I got for BOS is the Dunfermline one, so does that mean I cannot use HMCS? If so what should I do?
Quoting from 'N1A - Notes for claimant on completing a claim form'
When suing or being sued as....
a company registered in England and Wales or a Limited Liability Partnership. [in other words a PLC, LLP or Ltd. company]
....You must provide an address including postcode which is either the company's registered office or any place of business that has a real, or the most connection with the claim e.g. a shop where goods where bought.