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.
Finally spoke to Margaret at NW to ask why I havnt received a complete set of business statements as requested on June 14th!
I received four pages from 2004 but nothing else. Margaret agreed to send the complete set within 5-10 days.
I sent off a DPA for this on 7th June but NW stopped the cheque and charged me £5 instead, when I phoned them to chase personal/cc and biz. In my opinion the SAR request would still be valid though. So as things stand they are very much in breach of the DPA.
However, I am going to try a slightly different tack with this claim, so unless statements DONT arrrive I shall not pursue DPA non compliance at this stage.
I am going to try and request NW supply me with invoices for these 'Service Charges', I am also going to point out that as I have claimed (soon to be successfully) on my personal account, if I am refunded theses charges in the future then this creates a 'tax situation'. At the moment as far as I'm aware, bank charges are deducted from my tax burden. No invoices are provided, so how does one justify them to the tax man? If they are refunded, I will possibly have to pay some tax?
Just spoke to Sufyaan at NW who was really helpful and polite. Mystified at non arrival of statements and has reordered them again.....
fingers crossed they will arrive soon but in the meantime i'm off to brush up on DPA non compliance. 5 months of waiting is slightly more than the 40 day limit! That much i do know:grin:
Hi Kate,
I've banked my NW cheque from Cobbetts for my personal a/c which arrived this morning, and am thinking about doing a small claim for a business we had a couple of years ago. I've got all of my statements, but do you know if the wording is any different in the approach letters for a business account?
ps NW credit cards also caved in this morning to my requests....perhaps a trend is emerging here !!!
M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON
Outstanding
Halifax initial 11/10 acknowledged 19/10 LBA 25/10
LTSB initial 12/10 LBA 26/10
Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
HSBC c/a AQ returned 17/2
HSBC bus' a/c MCOL 17/2
I will probably just amend the template lba and send it as a prelim, shouldn't be too tricky. Are you at that stage?
I wish I was..............if only they would send the statements! well they have one more week before I take it further
I've managed to work out my charges from the statements, although I came across one which read "Arrangement fee" £85....no idea what that was for ?
The rest are all marked as "Referral fee"/"Chq return fee" & "unpaid items" so I'm assuming that they're ok ? What do you think ?
M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON
Outstanding
Halifax initial 11/10 acknowledged 19/10 LBA 25/10
LTSB initial 12/10 LBA 26/10
Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
HSBC c/a AQ returned 17/2
HSBC bus' a/c MCOL 17/2
Arrangement fees are for 'arranging' overdrafts. you lucky blighter, my last arrangement fee was £125.
As this is for a service (admittedly expensive:grin: ) it is not reclaimable because it did not come about due to any contractual breaches.
On second thoughts regarding the prelim letter. I just re-read the consumer version and it would work fine as long as any mention of 'Consumer' is removed, ie recent legislation and findings by the OFT.
Thankfully the main basis of our reclaiming these charges is not the April 06 OFT findings but due to the banks flagrant breach of Contract Law, ie charging 'penalties' for our 'breaches', so we are not relying on the recent OFT rulings to guide us home.
you go girl, hit 'em where it hurts, unbelievable that the referral fees made up most of that total, but thats snatchwest for ya.
just been rading thru the 'wot r u like ' thread in bear garden fantastic aint it, consideing posting myself however i live under police protaction so i dunno if a good idea.
you go girl, hit 'em where it hurts, unbelievable that the referral fees made up most of that total, but thats snatchwest for ya.
just been rading thru the 'wot r u like ' thread in bear garden fantastic aint it, consideing posting myself however i live under police protaction so i dunno if a good idea.
Good luck Kate. I am also claiming for charges on my business account, fortunately I have all of the statements and so have sent prelim and lba. Their reply is basically saying there are different terms and conditions for business accounts and therefore we cannot claim. Ha - they're having a laugh. However I didn't know what referral fees were and so I haven't included them in my schedule so will go throu my statements again and add them fees in also. BTW got back charges from Natwest personal account and credit card so am hoping I can use that as leverage to get them to cough up a bit earlier - not holding my breath though as this business one is a much larger claim and I am hoping to get contractual interest also.
Jax
Marbles/HSBC - SETTLED IN FULL
Beneficial/HSBC - SETTLED IN FULL 01/08/2006
NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06
Natwest - SETTLED IN FULL 20/10/06
Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:
Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:
Citi - SETTLED IN FULL 17/05/2007
Natwest Business Account - On going
I only got round to sending off my prelim on the 24th so they've got till 7th December to reply. Like you Jax Ive just reclaimed charges from my personal account but somehow I doubt that will act as much leverage.
Good luck to you both and keep me posted of your progress.
Well I still haven't heard anything back at all from Natwest, they have till thursday. In the meantime I am going to prepare the lba ready for posting.
That's fantastic news Kate. Well done. Wish they were that accomodating to me.
Jax
Marbles/HSBC - SETTLED IN FULL
Beneficial/HSBC - SETTLED IN FULL 01/08/2006
NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06
Natwest - SETTLED IN FULL 20/10/06
Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:
Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:
Citi - SETTLED IN FULL 17/05/2007
Natwest Business Account - On going
Well done Kate, keep on inspiring! Does this mean they are caving in do you think? Im just about to send prelim. on my business account, maybe I should just go in there and ask for the money they have taken !!
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