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.
Hi All.... I am new to this site and stumbled across it as a consequence of a disagreement between me and my bank.
As a result i now wish to reclaim all charges made against my account for the past 2 years (only had this account 2 years), however this time last year i over run my overdraft by a considerable margin. The bank did nothing to stop me, in fact they seemed quite happy to charge me £75 p/m. It wasn't until September that i contacted the Bank to get the situation sorted and went onto a overdraft reduction scheme, which finishes early next month. Can i claim charges back despite the fact that i knew i was over my overdraft limit? As i said the bank just carried on collecting fees. They never attempted to contact me apart from the standard charge letter that is sent out. All contact was instigated by me.
Would be grateful for some thoughts.
I have not as yet explored the entire site and wonder if there are template letters that i can use to start the ball rolling??
It seems from your questions that you have not yet read through the Frequently Asked Questions (FAQs) which is an absolute must.
Spend a day or two going through those, as well as the "Case Guidance Notes" etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......
Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....
Many people here could easily answer those questions, but it really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.
Good luck..!!!
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I am just about ready to start on the road to reclaiming unlawful fees against my account(s).
I do have 1 question though, that i couldn't find the answer to in the faq section.
One of the accounts that i wish to reclaim fees from was a joint account that was closed in 2005 following divorce. The account only needed the authority of either signature. Will the fact that i am now divorced hinder in any way the access to data or pursuit of the claim without consent from my former wife ?
If it is an "either signature" account, you should be ok. Try sending a DPA request and see how they react.
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
I will be compiling DPA request later this evening ready for posting tomorrow. Should i send this recorded delivery?
Looking a bit further forward should i make 2 seperate claims for the 2 accounts or just bundle them into a single claim?
Given that banks can be a bit devious, I tend to take the line of 'safe rather than sorry'. For the xtra 70ish pence it's probably worth sending recorded, then, if they don't provide info within 40 days you will be able to prove they received your request. As I live within a few minutes walk of my local branch, I hand delivered all of my correspondence and got the cashier to sign and stamp a receipt for me.
As I live within a few minutes walk of my local branch, I hand delivered all of my correspondence and got the cashier to sign and stamp a receipt for me.
I never thought of just taking correspondense to the branch. Could this be done for everything, including the court papers etc.
I never thought of just taking correspondense to the branch. Could this be done for everything, including the court papers etc.
Any thing to do with your bank can be transferred on their internal mail, but as 'Jules' states ALWAYS get a receipt saying who accepted it and when.
dont give them any room to delay any further than they already do..
Good Luck
I noticed from another post (sorry, can't remember who) that they had a problem when it came to sending in the bailifs as they had used the customers services address in Leicester which is a P.O. Box. For that reason, it may be better to use the Head Office address in London.
Been doing a lot of reading of other threads and research into the whole process. But one thing is puzzling me. Why is the interest removed from the original spreadsheet that you send to Barclays? Surely you want to claim this from the outset.
Been doing a lot of reading of other threads and research into the whole process. But one thing is puzzling me. Why is the interest removed from the original spreadsheet that you send to Barclays? Surely you want to claim this from the outset.
Before Xmas, I got upto the letter before action stage.
(Sent the letter and gave them 14 days to reply). As life never runs smooth - a family crisis evolved and the bank charges got left.
It is now 5 months later and I now have the time to deal with it again.
Please advise where I would start from now.
A financially desperate housewife!!!! LOL As we all are!!!!
deb [sorry to invade your thread Trucker]
I think it is safe to say that you have given Barclays enough time to respond.
You could start the ball rolling again by sending a polite letter saying you feel that Barclays have had ample time to review your claims and due to the lack of response from them you have no option but to pursue the matter through the small claims court.
This way hopefully you will get an answer from them even though it will prob be a pathetic offer saying they are inundated at the moment blah blah blah, to which you will obv accept and continue to the MCOL stage.
hope things. are looking a bit better for you now.
good luck
oh and you might want to start your own thread too.
Why is the interest removed from the original spreadsheet that you send to Barclays?
Hi Trucker, back on to you.
I have wondered this too, but I think it is because initially you are making Barclays aware that you are aware of the amount they have borrowed from your account and want it back [in a polite way], then when they get shirty and say 'Ha get lost' you turn nasty and say right 'you had your chance' im gonna slap the interest accrued too.
My opinion, prob way off the mark but no doubt one of the big boys on here will set you straight soon
Trucker v Barclays **WON**
by a considerable margin. The bank did nothing to stop me, in fact they seemed quite happy to charge me £75 p/m. It wasn't until September that i contacted the Bank to get the situation sorted and went onto a overdraft reduction scheme, which finishes early next month. Can i claim charges back despite the fact that i knew i was over my overdraft limit? As i said the bank just carried on collecting fees. They never attempted to contact me apart from the standard charge letter that is sent out. All contact was instigated by me.
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Re: Some Further Advice Please.
Originally Posted by Trucker
Re: Trucker v Barclays
