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.
Your next step is the lba. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.
Your next step is the lba. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.
Good luck
So i am sending the LBA without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'
As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?
So i am sending the lba without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'
As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?
Thanks
Or you could say: I am disappointed that you have failed to respond to my letter of the (date) appropriately. I calculate that you have debited (full amount) inclusive of the offer of £80 made however, should this offer be accredited to my account within the prescribed time limit of this letter then i calculate that you have still to refund (amount minus £80)
Its up to you but i did something similar on mine and it does no harm.
Thank you for your help so far, just one quick question. Do i send the letter back to the address that i sent my prelim(london) or to the complaints address on the letter that Abbey have sent their response from?
Thanks
Either;
ABBEY NATIONAL PLC
2 TRITON SQUARE
REGENTS PLACE
LONDON
NW1 3AN
or
Complaints
Abbey
PO BOX 5129
Milton Keynes
MK9 2YN
Just to give everyone an update, I was refunded the £80 but I am waiting till the 29th until I fill in a claim via moneyclaim for the remaining amount(£286). I am also in the process of opening a parachute student account with Lloyds TSB.
I just want to ask a question. I have filed a claim via moneyclaim and in the claim box it says issued(29/11/06). In the judgment section it says start and when i click on it it gives me two options,'The defendant has not filed an admission or defence to my claim,' or 'The defendant admits that all the money is owed.' My question is when do I select either of these two options??
As this is a student account and I have used a majority of my overdraft which i cant pay back all at once so I have applied for an student account with co-op online, they have the function to transfer accounts. Fingers crossed!
Just a question.... If Abbey do offer me my charges back... which are £286 excluding court costs, should I accept this or should I only accept the full costs including court costs. I am asking this as I am not sure if the court costs are refundable before the 14 days? Also if i accept the offer how do i stop my claim??
I hope they dont go to court for £286, but who knows!!
I just recieved a letter from Abbey this morning. I have a few questions;
1. What exactly do I need to send them?
2. In the letter it mentions the value of £319.95 but this figure is without the court costs, do I have to remind them that they owe me another £50 or will they be aware?
Yes they want you to send another copy of your schedule of charges to them. Do so and forward copies of both letters to the courts to be added to you claim file. No need to mention the court fee - the letters about the charges you are claiming and interest breakdowns.
Yes they want you to send another copy of your schedule of charges to them. Do so and forward copies of both letters to the courts to be added to you claim file. No need to mention the court fee - the letters about the charges you are claiming and interest breakdowns.
I have a little problem. My schedule of charges is saved on my hard drive on my comp which is now kaputt. This was worked out on the mse website. I have redone the schedule including the interest charges using the template on the CAG forum but it works the charges out as £322.26 instead on £319.95. Is this going to be a problem? Also you say forward to the courts, on the moneyclaim form it has the Norhampton court address but this is not my local court ....should i still send both the documents there?
you should probably re do the schedule on the same calc you originally did it (MSE)
Yeah I did that first but you cant change the date from which you are claiming the interest from as it defaults to todays date. The one on the CAG forums, which i now realise, you can change the date, which I have done to 29/11/06 which is the date of the mcol claim. I am not worried about the £3 or so extra that i will miss but as the schedule is slightly different will i need to make the courts/Abbey aware and if so how?
How about something like;
Thank you for your letter dated 7th Dec 2006. Due to unforseen circumstances the original schudule cannot be obtained. The enclosed revised schudule has a new total of £322.26 instead of £319.95 due to a slight change in the way the interest has been calculated. I do however confirm I will still be claiming for the original value of £319.95.