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've followed all the steps and received an offer of £250 of my claim for £830 plus interest i sent my letter rejecting the offer by fax and knowing how they can be i thought id phone to check it was received to avoid further stalling
amazingly they had 'lost' my fax and advised me to post it which i did ,throughout the phone call the woman i spoke to assumed that my fax was an acceptance of the offer and when i put her right she tried very hard to scare me from following the claim through as it would definitely be a Full and final offer with no room for negotiation and that Barclays always went to court over this type of complaint and that if it was her then she would think very carefully about rejecting this full and final offer.
court hmmm face ! bothered ! bring it on im going to start on barclaycard now too they must owe me a lot dpa letter is on its way
im wondering about what exactly i can claim for if it goes to court id have to take time off work to attend court and the whole thing is already taking up a lot of my time can this be included in the claim along with the court costs,charges and interest? maybe an hourly rate for all the hassle ive had to go through and maybe something for the worry and stress these intimidating letters they keep sending me;-)
did u win your wasted costs.... how much did u charge per letter pse
muffintop Won Nationwide £900 and £1908 Bank Charges Lloyds personal account 1,861 Lloyds Bus Account 2k Abbey bank acc. Stayed 2008
CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP CCA Mbna Nov 08- n1 issued - GAVE UP Marks and Spencer Money Nov 08 -lost found 2b enforceable. Tomson Holiday - WON
if I help you tip my little scales it gives me a thrill. MT
The thread above is a good place to take a look - and well worth reading in full. It has very useful 'costs for unreasonable behaviour' info at #287 onwards.
Mindzai and Lucid's thread made me angry, made me laugh and made me cry in equal measure. Post #301 made me laugh out loud. Read the full thread if you have time to spare - it's a heart-warming epic, and worth every second in reading through.
Good luck!
"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".
I will be issuing a claim for my "Wasted Time" as and when my claim is settled.
However, I have a query please, where do I obtain the following information within this quote:
"We enclose a copy of a General Form of Judgement or Order made by a District Judge in Lincoln for the court’s consideration, for a case in which Lloyds TSB Bank PLC was the Defendant. We also enclose a list of all cases of which we are aware in which Lloyds TSB Bank PLC are the Defendant. Every one of these cases was settled in full before a hearing.
I Also am claiming for cost.
last week i found someone had done a list and scedule of cost i think it was an excell sheet has anyong seen this on the forum because i cannot find it now.
Thanks Lillboy
Thanks lillboy
Bogus Charges £499.00 LBA 1/06/06
Refund of £299.00 now sent Data Protection Act
muffintop Won Nationwide £900 and £1908 Bank Charges Lloyds personal account 1,861 Lloyds Bus Account 2k Abbey bank acc. Stayed 2008
CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP CCA Mbna Nov 08- n1 issued - GAVE UP Marks and Spencer Money Nov 08 -lost found 2b enforceable. Tomson Holiday - WON
if I help you tip my little scales it gives me a thrill. MT
I Also am claiming for cost.
last week i found someone had done a list and scedule of cost i think it was an excell sheet has anyong seen this on the forum because i cannot find it now.
Thanks Lillboy
LILLBOY if you find the link let us all have it thanks.skeggsyxx
muffintop Won Nationwide £900 and £1908 Bank Charges Lloyds personal account 1,861 Lloyds Bus Account 2k Abbey bank acc. Stayed 2008
CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP CCA Mbna Nov 08- n1 issued - GAVE UP Marks and Spencer Money Nov 08 -lost found 2b enforceable. Tomson Holiday - WON
if I help you tip my little scales it gives me a thrill. MT
what is a reasonable hourly rate? considering what these brief and barrister charlies charge?
would it be subject to what your own hourly rate at work is or in these times of money no object, for the wealthy- particularly the banks-should we be charging top dollar for our hard work?
1. 4 letters sent by 1st Class recorded delivery at £2 each to cover postage and stationary is £8
2. The total cost of preparing the document bundles for each claim in triplicate is £24.78.
- paper cost of £20.00 (500 sheets per pack)
- printer ink cost of £1.99 per cartridge x2 = £3.98
- travel cost in fuel to and from post office 1 mile each way at £0.40 per mile is £0.80.
3. Time spent in preparing letters, document bundles and case notes from start to finnish is at least 40 hours. Total at £9.25 per hour is £370.00.
4. Loss of time at court hearing, 2 hours at £9.25 per hour is £18.50.
Fuel travelling to and from court 2miles each way at £0.40 per mile is £1.60.
TOTAL COSTS: £422.88.
My Address
Sheriff Clerk
Sheriff Clerk's Office
Sheriff Court House
Town
18 May 2007
Dear Sir/Madam
chocolatte and Abbey Bank (Claim No)
I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defender paid the full amount claimed, namely £1350.44.
As such, no further action is necessary in respect of this claim.
However, I believe that the Defender has behaved unreasonably in their approach to defending this claim, not least because I believe the Defender had no intention of ever defending this claim at a hearing.
I also enclose a list of all cases of which I am aware in which Abbey Bank was the Defender. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defender.
Further, in relation to my claim, the Defender failed to file any documents to the court, breaching the orders made by Sheriff Officer on 24 April 2007. Again this is typical of the Defender’s approach in other cases of which I am aware.
The Defender’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):
(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.
Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defender to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defender.
Yours faithfully,
Think it'll work? Can only try, my brother once said to me that I should never sell myself short, and don't let anyone take your time from you because that is part of your life gone which you can never ever get back.
He's right, I could've spent the extra time doing stuff with the family instead of researching and compiling letters.
I will let you know how it all goes.
Thanks to everyone for your templates and advice X
Hi Chocolatte! How did you get on with this? Any response as yet?
I would like to apply for wasted costs, am I write in thinking you just send an application letter, draft order, schedule of costs and list of cases to support your arguement?
Also with the schedule of costs is it just a list in excel format, stating hours, postage etc and a cost against it?
Also do you send this to the court or the banks, or both??!!!
Hi Poppy, I sent a copy to the court and the bank as I said in my letter to the court, so hopefully should get some sort of response soon, fingers crossed. I will let you know as soon as I hear anything.
Good Luck.
I received the Extract of dismissal today from the Court, and when I phoned they said that that was it over with and if i wanted to claim costs I should have done it before the case was dismissed? So now I think I have to recall the case, I'm totally lost now???
Claiming what you are is a very fine art, it needs to be done [usually] in front of the judge on the day of the hearing.
Now the problem is when the claim is settled OUT of court then obv you dont get to see the judge.
They are reluctant to allow these claims, purely because as far as theyre concerned its done and dusted.
claim for my time wasted? stress?
i sent my letter rejecting the offer by fax and knowing how they can be i thought id phone to check it was received to avoid further stalling
Reply With Quote
Re: claim for my time wasted? stress?
I'VE CLAIMED MY BARCLAYS CHARGES BACK.
Originally Posted by why!!!!!!
ABBEY-WON! £1,359.34
CAPITAL ONE WON £1,523.27+£39court fees.
