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 had an offer of £800 which I am very tempted to accept. I can hear lots of you screaming "don't do it" but the money would be very handy before Xmas.
Yes, it does fall way short of the £2,000+ that they actually owe me but I am concerned about the time and effort (and court proceedings) necessary and whether ultimately there is a good chance of getting it all back.
I have read some of the threads on here and Barclays seem to fight hard and see it through to court proceedings.
I have never experienced any of this litigation stuff before and am very nervous of it.
Any advice gratefully received !
TIA,
Liz
BTW - I have sitting on this since 15 October so have approx 5 weeks to decide.
Certainly getting your money back can be a drawn-out and often stressful experience, but I think it's worth it in the end (and I'm half way through a drawn-out stressful claim), although I can understand how the money would come in handy this time of the year. Having said that what if you hadn't started your claim, or the bank hadn't had made their offer? You would be in the same situation as you would be if you were to decline the current offer and I'm sure you'd have made it through Christmas somehow!
If it's the thought of the court process putting you off then don't worry, there are loads on here who can help. However, if you want to take their offer therefore avoiding any further time and effort that's fine.
The choice, as they say, is yours ;-)
Worz
I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!
I would strongly urge you to continue with your claim. But before you do you need to be fully aware that it will be a long and drawn out process. Many seem to think that Woolwich/Barclays will settle with them along the way, but I'm afraid it just don't work like that with them. You have to play their game which means seeing it right through to actually getting a court date and a preparing court bundle, only for them to settle a few days before the court date. At first it all feels quite daunting, but if you put your mind to it and with all the help available on here, it's really not that difficult and I would have to say it's surely worth the extra £1200 isn't it?
The end decision is yours and yours only, and no one will judge you for what you decide. As long as you are ready for the battle and prepared to wait for your money you will get all your money back £2k+, or you can take the easy option now, make minumal effort and take the £800.
I suppose the thought of £800 before Xmas sounds tempting but, and as others have said it is not a quick process and it quite a lot of reading and asking questions but when you get your cheque you will feel very pleased with yourself;-). With an extra £1200 plus interest, plus more interest @8% the court awards you could be talking £2500 with that £800 the've offered. As for sucessful claims look here www.consumeractiongroup.c o.uk/forum/litigation/
Go for it There are about 84,000 people here to help.
AL.
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
Had exactly the same dilemma - offered 50% from Barclays/Woolwich and was so tempted to take it.Then I had a cheque arrive in settlement of my Natwest claim.This then convinced me that I was right to pursue Woolwich and that I will be successful in the end - no matter how long it takes.
There is plenty of help here for you.Spend your waiting time on reading up and preparing yourself for the next step.Also maybe helping a few others by answering their simple queries or just showing support (just like I am doing with you!! )
Its surprising how much you can learn and also how satisfying it can be!!!
Good Luck and Enjoy!!
NatWest
01-08-06 - Request for refund sent etc followed by all the other nonsense!!
18-10-06 - Settled in full - DONATION to site made
Woolwich
01/08/06 - Prelim letter sent
03/08/06 - Acknowledge letter received from Woolwich
18/08/06 - 2nd letter from Woolwich
21/08/06 - Acknowledge letter received from Barclays
13/09/06 - Offer letter received
19/09/06 - Confirmed I will settle at my amount sent
liz it up to you its your money i wouldnt personally take it but i dont know your circumstances ! why should you settle for 50% of your money taken illegally from you ! good luck whatever you decide ! paddy
Hi Liz if you look at my thread "Request letter typed but worried" you will see I had the exact same worries as you. I decided to have faith and as you can see from my thread it definitely paid off. You have to be prepared to go to court, but I sincerely doubt it will come to that, although it may come very close. It does seem scary but as long as you follow all the guidance on here the law is on your side .If you can afford to hang on I would try to but only you know your situation.
I have read some of the threads on here and Barclays seem to fight hard and see it through to court proceedings.
Where?
Not ONE Barclays case has made it to court. EVER.
What they DO do is settle at the last minute. Literally a couple of days before hearing. As long as you know that and don't let them intimidate you, you're set.
Yes, it would come in handy before Xmas, but I guarantee you that come New Year, you'll be kicking yourself not to have held out. We are already seeing people coming back on the forum now saying "I wish I had waited".
You were never expecting to see the money ever again anyway, why count on it for Xmas now? :-?
Budget for Xmas as you would have done before finding this site, and when you get 100% refund, be glad you did hold on.
PS: I just got mine refunded, less than 48 hours before court hearing. I mean it when I say they will wait to the last minute!
Apologies to people who I was in the process of helping, I may be gone some time.
I'm at exactly the same stage as you Liz, got an offer for £1000 right now in my hands, and I agree it's tempting to take it now and have a bloody good xmas with my wife and kids!
I've decided to go for the full amount (and have overruled the wife who wants to take the £1k and run)
Think of it another way - an £800 Christmas now, or a £2000 summer holiday next year
About two months ago before I knew this site existed, I had researched Bank charges on various other sites, based on what I learned, I wrote one letter to The Woolwich to reclaim my charges, they passed the letter to Barclays head office, who wrote to me settling in full with a cheque enclosed for the full amount.
So I would urge anyone to go all the way, if I can get a full settlement with one letter anyone can.
Barclays also removed their default with the credit reference agencies instantly without a fight.
hi liz after reading this forum i would have to say if i was in your position i would take it all the way as why should they keep any of your money taken unlawfully especially as using the mothods described in faq most people seem to have won by settling out of court "go for it" is my opinion. i have just sent off my SAR and am looking forward to adding up all those £30's they have charged me. good luck to everyone currently fighting
kizzy xxx
obviously if you really need the cash then go for it but im postponing xmas this year till february. all the dec will be cheaper, cards pressies everything will be wayyyy cheaper oh and the banks will have coughed up all my cash by then
think on it like this, you borrow £1000 form the bank. you give back £700, do they pat you on the arm and say" you keep the rest, you deserve a treat" or do they take you to court and apply interest and send you to a debt collections agency? they are not nice ( the people individually may well be) but the banks themselves are not nice, why should you give them wads of money?
Hi Liz,Barclays offered us 950.00 we decided to go for the full 1,919 plus interest plus court costs, Christmas would have been lovely with 950.00 in the bank but we're going for the summer holiday with the kids option, it will be a long drawn out process, but well worth it in the end, can't let these banks get away with keeping any of our money, Good luck.