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 have just written them this letter... so it begins...
In response to your letter dated 16th October, I confirm that I have received the payment in to my account of £625.66 for repayment of unlawful charges made to my account between the dates of 16.10.04 and 19.6.06.
I accept this payment in respect of this case only, and would make it clear that this does not, in any way, restrict me from making further claims against Abbey in respect of other unlawful charges.
With this in mind, I would like to advise you that I have a second and final claim to lodge. This is for charges made between the period of 1/6/00 and 16/10/04. I have enclosed the schedule of charges, which, together with interest and minimal expenses, comes to a total of £272.29.
I would suggest that it would make sense to settle this claim now, without the need for the further time and expense of court action. In addition to this, interest will continue to accrue to my claim on a daily basis.
However, as you will be more than aware, I am certainly willing to start legal action if this is required.
I will give you 14 days (ie until 2nd November 2006) to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
I look forward to hearing from you before 2nd November.
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
GOD!! This bunch are incredible! Now received a letter from them saying: Payment was made to you in Full and final settlement of this claim. No discharge in favour of Abbey is required. Abbey now views this claim as finalised. To this end, we enclose a joint minute of settlement and joint incidental application. Would you please sign and return the same to us for our filing with the court. Any further actions you may elect to takle against Abbey is a commercial matter for you. Abbey's rights in this regard are reserve" (What the be-jaysus does THAT mean!?)
I made it VERY clear in the letters I sent them:
19th October: I accept this payment in respect of this case only, and would make it clear that this does not, in any way, restrict me from making further claims against Abbey in respect of other unlawful charges.
letter to court (19th October): I have made it clear to the Defendant that my acceptance of the payment is in respect of this claim only, and does not restrict me from making further claims against Abbey in respect of unlawful charges.
They will be receiving another letter, and action will start against them on 20th November.
They are SUCH clowns!!!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
They are a bunch of clowns I agree. They just seem to want to waste their own time (and money) messing us around and costing themselves more in the long run before they settle. I supose their tactics may work by putting some people off claiming but they wont stop me .. or you - wishing you very good luck
Thanks Sarah. I also sent them a copy of the letter I sent to the court which CLEARLY states that I am not accepting the payment as 'Full and final'. I have never signed any of Abbey's stupid little bits of paper.
They make me SPIT! And that's not ladylike!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
Well my chums at Abbey have been very quiet. (Well - apart from sending me A THIRD set of my statements - like buses - you wait forever, then 4 come along together).
So, it's court action time again Monday!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
Good luck. I just wondered why you were raising a second claim. I am bound by limits in Scotland. Was your first claim for over £5,500?
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...
Good luck. I just wondered why you were raising a second claim. I am bound by limits in Scotland. Was your first claim for over £5,500?
because they were the missing statments and arrived after i submitted my claim in court yes the 1st claim was well over 5,000!!! and was in fast track got nothing to lose as the account is closed!
Abbey - 547.00 settled in full.
Second claim: £204 WON.
Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.
MBNA - Concluded £634.31
Capital One Concluded £148
Kinda disappointed I've no more banks to go after now...