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.
After sending my letter before action for an overcharged fees claim of more than £4000 I discovered at my branch that I had been replied to, though this letter was never received through the post (I asked the branch employee to print a copy from file).
It contained an offer of £2000 (intimating that I had requested only £2000) dated 28/09/06 and giving me 10 days to respond. I accepted the offer on 3/10/906 as partial payment and then received a letter dated 09/10/06 saying the offer "has therefore been withdrawn". It says;
"The bank does not agree with your contention that the charges that have been imposed constitue a penalty and are therefore unenforceable... In respect of overdrafts, I would refer you specifically to clause 7.11 in section 2.
Anyone had anything similar?
Do I go straight to a court filing or ask them why they made an offer then withdrew it?
Should I read anything conspiritorial in the letter that was never received (or possibly never sent?) that gave me a limited response time and that when I did respond was withdrawn?
It is normal for them to offer 50% first just to see if you will acept it - when you dont they withdraw the whole offer. Stick to your timetable - you must be at MCOL stage now...
My advise if free and is worth exactly as much as you paid for it….
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
HSBC - Offer made - Offer withdrawn
for an overcharged fees claim of more than £4000 I discovered at my branch that I had been replied to, though this letter was never received through the post (I asked the branch employee to print a copy from file).
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