Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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Thread: Fireclown v BOS

  1. #1
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    Talking Fireclown v BOS

    Hiya guys n gals

    First off, thanks to everyone who contributes to these forums. There seems to be a wealth of information to sift through, and its great to here that there's a lot of positive vibes about getting back whats rightfully yours.
    I'm just starting out here with all the procedures and am a little nervous to say the least. I have a couple of queries if someone could offer a little help.
    My total bank charges amount to £1,726 excl. interesticon and I understand that the Summary Cause route would allow me to claim up to £1,500. In my initial letter politely requesting that my bank charges be refunded, should I state that I am claiming for £1,726 or should I state that I am claiming £1500?
    If anyone could point me to some info on the Summary Cause action i'd be very grateful.

    Best Regards and luck to everyone out there, and i'll be listening out for all your stories

    Fireclown


  2. #2
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    Talking Re: Fireclown v BOS

    Actually.. in reply to myself, I've just found a whole load of Info on the Summary Cause procedure in the faq's but i'm still a little confused over the initial preliminary letter....

    The template which I found includes...

    "What I require
    I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdrafticon interest for the sum which you have taken. Total £XXXXX .
    I enclose a schedule of the charges which I am claiming with this letter."

    ..... however, much of what I've read suggests that I should not include mention of the added 8% interest.

    Should I fill in the above blanks with the total amount of charges (£1,726 plus interest) or should I just tot up the earliest charges to a maximum limit of £1,500? Or should the figure be £1,500 plus interest?

    I'd be real grateful of any advice I can get.

    All the best




  3. #3
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    Default Re: Fireclown v BOS

    Firstly, you can split your case into two separate cases. Instead of claiming 1726, make two claims, each for 863 (or roundabouts). Split the two claims into, for example, 2000-2003 and 2004-2006. Then these can both be dealt with in the Small Claims Court. Secondly, the interesticon, now, I'm not 100% sure myself, but I've added the interest on all of my claims, and I don't think it really makes any difference. The fact is, the bank will do almost anything to avoid court. There is a very small chance it will end up in court. I'm just aiming to get the charges back (along with my court costs, of course). I wouldn't aim for much more as there's little chance of it getting to court for the 8% Interest (of County Courts Act). As I say, I'm not 100% sure of this, but I hope I've helped.

    Jen

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  4. #4
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    Default Re: Fireclown v BOS

    Cheers for the info Jen

    Im going to send off my letter today

    Fireclown


  5. #5
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    Talking Re: Fireclown v BOS

    Cheers stevokenevo!

    I have been procrastinating over this for too long now... but now thanks to your good self and Angeljen, Im confident that I know what Im doing now.
    Going to write me a letter and post it off today
    Will keep all informed as to the progress, and will hang about and try to help others that may be in the same position as me.

    Best Regards

    Fireclown


  6. #6
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    Default Re: Fireclown v BOS

    quote "When you send off your prelim letter and L.B.A, send them asking for the full amount!!"

    Sorry, but still a little confused here stevokenevo....
    When you say ask for the full amount, should that include the interesticon too?

    Many thanks

    Fireclown


  7. #7
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    Default Re: Fireclown v BOS

    Brilliant

    Cheers Stevokenevo



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