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 won against Barclays and they paid up some £350...
Since then I;ve gone over limit twice, and they've charged me.
Each time I sent a further lba, reminding them of the previous case.
The first one - £20 - they refunded.
The second one - £12 - they refuse to refund as the OFT says £12 is fair...
I'm going back to court for £12, plus court costs. Barclays refuse to negotiate!
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Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order
Barclaycard started 26/4 Statements 3/6 £350 claimed Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358 New claim started for further charges, Prelim letter 3/10 DPA issues included in claim
Capital One started 26/4 Statements 31/5/06 £550 claimedClaim 6QZ46307 - Settled for £552
When the charge is issued as a penalty, the position of customers and the OFT is that the charge is unlawful under contract law, and is therefore unenforceable. To quote the OFT statement, 'We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults.'
Additionally, the OFT did NOT state that it 'believes a default fee of £12 is fair.' What they actually said, and I quote, 'We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold.'
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Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order
Barclaycard started 26/4 Statements 3/6 £350 claimed Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358 New claim started for further charges, Prelim letter 3/10 DPA issues included in claim
Capital One started 26/4 Statements 31/5/06 £550 claimedClaim 6QZ46307 - Settled for £552
Just interested, when you claimed against barclaycard did they expect you to clear the card?
I have some credit cards that I wish to claim back my charges, but am reluctant to if they want all the money owing back to them straight away.
Regards,
Kirsty
Nationwide
S.A.R - (Subject Access Request) sent 15th Oct 06
Standard letter received 19th Oct 06
Statements received 27th Oct 06
Prelim letter sent 30th Oct 06
L.B.A - (Letter before action) sent 20th Nov 06
MCOL - Issued 6th December
Bank of Scotland
S.A.R - (Subject Access Request) sent 20th Oct 06
Letter received thanks for request, but we need account details ect, Can they not read! 6th Dec 06
Goldfish
S.A.R - sent 2nd Nov 06
Standard reply received 21st Nov 06
Nope, not at all... PRovided I remained within the T&C they were happy for me to continue paying them interest at 29.9%...
IF I seek determination they'll have that to deal with too, of course... £30 per £100 for a running credit account with no missed payments in 6 years...!
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Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order
Barclaycard started 26/4 Statements 3/6 £350 claimed Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358 New claim started for further charges, Prelim letter 3/10 DPA issues included in claim
Capital One started 26/4 Statements 31/5/06 £550 claimedClaim 6QZ46307 - Settled for £552
Thanks for the prompt response, I will start the ball rolling.
Kirsty
Kirsty
Nationwide
S.A.R - (Subject Access Request) sent 15th Oct 06
Standard letter received 19th Oct 06
Statements received 27th Oct 06
Prelim letter sent 30th Oct 06
L.B.A - (Letter before action) sent 20th Nov 06
MCOL - Issued 6th December
Bank of Scotland
S.A.R - (Subject Access Request) sent 20th Oct 06
Letter received thanks for request, but we need account details ect, Can they not read! 6th Dec 06
Goldfish
S.A.R - sent 2nd Nov 06
Standard reply received 21st Nov 06
Here we go again
and they paid up some £350...
and they know who I am now...
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