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 was just about to send off another letter to Barcalycard as they didn't 'resolve matters by the 10th November 2006.' when today I received both a settlement offer letter and another letter saying their 'investigation continues'.
So I'm going to press on for the full amount and hope they won't take it all the way
I received a statement from my (now closed) Barclaycard account. Looks like they have already credited my account with the £144 'Late Payment Refund'. I'm not sure how they expect me to get to this money
Cheers for clearing that up Kriso.
Im suing them now and was worried they might close my £6000 acct and ask for their money back - which funnily enough I dont have.
NatWest £4940 with contract interest prelim sent 13/11/06
Recieved first bogoff letter 18/11/06
HSBC £320 with contract interest, prelim sent 12/11/06
Natwest Visa £825 with contract interest, prelim sent 15/11/06
Haven't heard anything from Barclaycard since the Acknowledgement of Service bit was sent to me indicating they are going to defend.
Am I right that they have 28 days from the date on this form to submit a defence? The date on the acknowledgemnt is 06 Dec 2006 so looks like time is up soon??
Well the date on the acknowlegement is the 6th December. The confirmation of the claim I received before this says it will deemed to be served on the 10th Dec. So 28 days from then is today (Sunday)...If i don't get anything in the post tomorrow I will click the Judgement link then...think that's right
Well the date on the acknowlegement is the 6th December. The confirmation of the claim I received before this says it will deemed to be served on the 10th Dec. So 28 days from then is today (Sunday)...If i don't get anything in the post tomorrow I will click the Judgement link then...think that's right
I think the general feeling is that it is advisable to write to them and state they have yet to defend rather than going for a judgement. You give them 7 days to do this and then if they don't then you apply for judgement. This shows you have made every attemp to be reasonable, also if they then apply to have the case stayed you have a better argument to have this removed. If however you apply for judgement straight away and the case is stayed this can hold up your claim for a number of weeks.
Yea true about the postage, Tanzarelli Received the allocation questionnaire yesterday and am in the process of filling it in. Want to get it sent back ASAP.
"I am respectfully requesting my claim be heard via the small claims
track. This issue is not a complicated one; it is an issue of fact and
not of law. The issue is only whether the money levied by the
defendant in respect of its customer’s contractual breaches exceed
or even reflect their actual costs incurred. I am happy to pay their
actual costs and I am surprised the defendant did not counterclaim
for these, as I would have paid them without argument. However,
the continuing problem is (in common with the hundreds of other
cases currently being brought by other bank customers) that the
banks are refusing to reveal the details of their penalty-charging
regime, and that the charges they apply to accounts for exceeding overdraft limits and so on are entirely disproportionate to the
actual costs the banks incur. As the banks have a fiduciary duty
towards their customers, they have a duty to deal straightforwardly
and in utmost good faith. Accordingly, I would respectfully ask that
the court in this case, not withstanding allocations to the small
claims track, order standard disclosure. I understand that it is in
the courts discretion to do so. I believe this would bring a rapid
end to this litigation. I have attached the schedule of the charges
I am claiming for to this allocation questionnaire to show a Breakdown of the amounts for the courts perusal.
I believe the case will take no longer than 1 hour".
You'll have to write it in quite small handwriting as it only just fits in the space provided.
kriso v Barclaycard
The Consumer Forums
Reply With Quote
Originally Posted by kriso
