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.
Posted Data Protection Act Letter asking for statements with £10 31/10/06
Recieved 2 A4 Envelopes with my £10 cheque returned on 3/11/06
Calculated PAID REFERRALS & UNPAID OUTS to total £3070!!
Now I've added all the figures to the complex spreadsheet, my interest at 8% (only to be claimed in court) is £496.23
Im not sure about the unfair interest calculation bits though:
Do I add the interest charged at the end of the month for every particular paid referal and unpaid out??
At first, reading through the forums, It made sense to add the interest charged for every fine (as every fine creates more debt to be charged on) - however, on the 20th, 21st, and 25rd of october I was charged a separate £25 pound paid referal (amounting to £75) - The interest charged at the end of that month was £23.22:
For the first charge, I add the info to the spreadsheet; I recieve the full £23.22 as interest owed to me - maybe - due to my bank balance only being -333.66 Overdrawn and the amount of bank charges so far now up to £965 I can see how this makes sense.
However If I duplicate the interest charged for each seperate paid referall - I am now recieving 3 x £23.22 or THREE TIMES the interest charged on that month. Which doesn't seem right.
Of course, there is interest being charged outside of any period I have been charged which I have not taken into account. Which brings me to ask: Should I include every date interest has been charged (ie every month)? And If I should, I would imagine I should not be duplicating any interest charges...
A lot of us on this forum have used the simple spreadsheet to work out only the 8% that the court accepts. We have ignored the complex interest part altogether. This means that you add the charges only (ie £3070) and send your preliminary letter asking for that back. When you get to file your claim with the court you then add in the 8% and also a daily rate of 0.00022 of your £3070 per day (somewhere around 70pence) until you get your settlement.
Spotty
Statement request 4th May
Prelim Letter sent 24th May
LBA 7th June
Thanks but no thanks letter sent 22 June
MCOL 22nd June
Claim acknowledged 26 June
AQ sent 2nd August
17 Nov Court Date Set for 29 Jan 2007
Settled in full 12/12/06
Thanks, but I think my total interest is significant, and I am intrigued to how it works.
I think my confusion came from the charges and interest columns being next to eachother and assumed they were directly related.
In retrospect, its logical to add all the monthly interest charges charged over the last 6 years - the separate date field allows the calculations to include all penalty charges incured, to the date of each interest charge.
This way I am no longer duplicating interest charges and accounting for interest charged when I have not necessarily had a penalty charge on that month, but may have a lower balance because of previous charges.
Vampiress, or anyone who knows better - please let me know if I'm wrong..
OK, I've calculated the illegal interest to be in the region of £767.56 on £3070 of penalty charges over 6 years. - Quite a significant sum of money. Interestingly there were months where I was £4000 in the black and still recieved a couple of interest charges, I assume these were for the previous month where I had been overdrawn, as on the next month I would not always be charged interest, even if I was overdrawn again.
I am sending in my preliminary request today, to Barclays Bank PLC, Newcastle City Group, Percy Street, Newcastle Upon Tyne NE1 4QL
is that ok? or do I need to send it to the head office in London?
(I recieved my statements fast enough from the newcastle address.)
I am sending in my preliminary request last week, to:
Barclays Bank PLC, Newcastle City Group, Percy Street, Newcastle Upon Tyne NE1 4QL
is that ok? can you correspond locally? or do I have to send it to the head office in London?
Because if so, my 14 Days wait will not have started yet..
It should get there anyway but it may take longer. The way I see it as long as you can get proof of postage or send it recorded delivery then its from the date of your letter.
I sent my lba off today, I recieved a letter from the "Retail Banking Customer Relations" Department in Leicester (LE87 2BB) on the 15th November apologising for the levels of service!! Then telling me they will respond no later than the 8th of December yada yada..
I'm sticking to the shedule so thats just too little too late
I better prepare for the court now - out of interest, which has been more successful? MCOL or the Local county court??
Just been offered £1000 when they owe me at least £3070!
"May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair.............. I must inform you that we disagree with this view" - but here's a grand to keep you quiet
This letter is from PO Box 449, Swansea SA1 5WY - do I reply back there, or write straight to the london adress now??
Also, when I decline their offer, Do I start the 14 Days until legal action again since they have now offered a reply, or just remind them of the remaining amount of time they have??
Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:
The Court Manager,
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
Dear Sir/Madam
(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).
I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,
Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim
Dear Sir,
(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a copy of my schedule of charges relating to the above claim.
I read something about that on Welshmans thread, but it wasn't that clear as he was just responding to a reply on another thread by the Druid that I could not find.
It has been suggested that the best way to deal with this is to write to them and say they still haven't acknowleged the claim and give them 7 days to do this. This is because if you apply for a judgement they will apply for a stay which can hold up the claim up for up to 7 weeks. You are also acting reasonable which the judge will see. However if after the 7 days still no acknowlegement then you can file for judgement.
Thanks Tanz, If I don't write and give them 7 Days, would you think that was considered reasonable? and if I do write, will that just remind them to send out their defence and I'll end up having the case stayed by the courts waiting for a test case??
Thanks Tanz, If I don't write and give them 7 Days, would you think that was considered reasonable? and if I do write, will that just remind them to send out their defence and I'll end up having the case stayed by the courts waiting for a test case??
Dan
Not all cases are stayed pending test cases, mine wasn't. I would not see it as being unreasonable if you didn't wrtie to them however it is generally felt that writing to them is the best way. The choice is yours however. But if you apply for judgement you can bet your life Barclays will apply for a stay and this will hold up your claim for a period of weeks.
No but you could start preparing the court bundle, link in library section under Basic Court Bundle. Other than that sit back and wait. Oh and read more threads.