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 haven't quite got to grip with the thread thing. I am in the process of claiming about £1,800 from the vultures at this bank. I have sent my first letter asking them to repay their illegal charges. I have received a letter from them within the 14days limit telling me that my request has been forwarded to their offfice that deals with bank charges. they have given me 10 working days. Do I wait to hear from them or do I send them the letter before action now.
I would personally send the lba according to YOUR deadlines. They could have forwarded your preliminary letter to another office the day they received it, it's not your fault they are so slow!
Don't let them use delaying tactics, you have been very clear on your deadline in your letter.
For further reassurance, I suggest you read the 'step-by-step guide' again (I refer to it frequently!).
Good luck,just do a lot of reading, save bits you find might help later on, and stick to deadlines, that way further down the lie it shows you are true to your word and they cant throw things back at you, also sticking to deadlines gives you the oppertunity to read upon the next stage, and less mistakes are made.I had a response to my lba within days but im giving them until the 24th which is 14day deadline before i go on to the next step.
Good luck
Hello, Can anybody advise me. I have received my reply from the infamous Stuart Higley at the Natwest saying no way do they owe me any money. The bit that is interesting quote "In your letter you have claimed that we have been acting as your fiduciary, which is not correct. This doesn't form part of the normal banker/customer relationship and if your claim is based on this premise I can only recommend that you seek independent advice". Is this a scaring tactic to put you off track
Just disregard that bit Sandra and carry on regardless. It's something they have started putting in but it's meaningless in the context of claiming back your charges.
Paul
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
Still don't think I have got the hang of these threads, but hopefully I will get there. I am just about to sent off my lba to the lovely Mr Higley. Do I sent it to the address on the letter I received Natwest House 225 Shenley road Borehamwood WD6 ITE or the Bishop Court in London. Also advice on when do I apply on the Moneyclaim site to take them to court. Do I wait till the 14days are up or when I hopefully get a reply.
Probably best to send it to the same place you sent your preliminary letter.
I personally sent my lba to my local branch, it gets passed on to the relevant department via internal mail anyhow. You will be told when to use the registered address, usually ant the claim stage.
Its best to let the 14 days pass and then file claim, that way you have stuck to all the deadlines you have offered and given the bank every opportunity to respond positively.
Still don't think I have got the hang of these threads, but hopefully I will get there. I am just about to sent off my lba to the lovely Mr Higley. Do I sent it to the address on the letter I received Natwest House 225 Shenley road Borehamwood WD6 ITE or the Bishop Court in London. Also advice on when do I apply on the Moneyclaim site to take them to court. Do I wait till the 14days are up or when I hopefully get a reply.
Hi Sandra,
I received the same letter from Mr Higley regarding "Fudicary" and i have ignored it, i sent LBA to him at Shenley Road, I have now completed claim form on moneyclaim and addressed that to 135 Bishopsgate.
Hope this helps.
Thanks for your advice. I will definately ignore it and I have sent my lba to hime at shenley road. Sounds like he'll be busy and justify his large salary. ha ha.
Hello, I think I've done a bobo!!!! I have sent off my lba to shenley RD. I runs out today and I have heard nothing. Been thinking about my account with the Ntwest. It has been closed for nearly a year after I reached a financial crisis and had to start a debt management plan. The natwest filed a default notice because I had a £1,100 overdraft which I could not pay. I have been making payments through a debt management scheme to them every month for the last 10 months to pay the overdraft off. I seems like a double insult to me. They have taken illegal bank charges from me totalling £1,660. Filed a default ntoice and are now making me pay them another £1,100. Is it to late to bring this matter to their attention. Do I write to them regarding the overdraft of £1,100, telling them to address this matter and that when they repay me back my unfair bank charges they must repay me the payments I have made against the overdraft and then write it off.
Do I send them another letter regarding this matter, giving them a bit more time and then file a court claim. I stated I was confused against the natwest, maybe I should of said thick.
no you havn't messed this up, in a way you have actually done things just right.
Ok, so you have been defaulted and had your debt passed to a DCA.
Firstly, reclaim charges but along with that, insist that the default is removed from your credit file. When you have reclaimed your charges, you should use that to clear the debt. If there is still money owing or you have paid more than you should have then you have really strong grounds for disputing these amounts legally.
One user recently 'Allyxia' (read her threads. Nationwide + Natwest) had a CCJ overturned, even though the debt was greater than the charges.
Defaults are not my speciality, so you need to do alot more reading, but all in all you are in a really good position to sort this problem out permanently
good luck and i'll try and bring this thread to the attention of someone who knows more about defaults.
I think this could be a good case for going for contractual interest. This appears on face value to an instance when the bank charges have compounded the problem and created the debt spiral. Have tyou had a look at Vampiress spreadsheets?
My advice has hardly any legal foundation whatsoever, however you never know it it might just work!
NatWest Prelim 07.10.206
LBA 21.10.2006
MCOL 30.10.2006
Acknowledgment of Service 06.11.2006
Offer of approx 50% £2200.00 22.11.2006
Full settlement £4500 received 03.01.2007
Smile settled in full
Barclaycard settled in full
RBS Worldwide settled in full
Lloyds TSB settled in full £750.00
Lloyds TSB settled in Full £275.00 11.04.2007
Lloyds TSB business account £1376.00 AQ filed
Lloyds TSB Business account settled in full 21.05.07
Well I have had no resonse to my lba after 16days. I suppose this is quite normal. Or maybe that have not received it. Or maybe their response is somewhere in the xmas post. OR OR OR. !!!!!!!! So I am going on Money claim later.
Hello, Can anybody give me advice about the money claim. I have filled the Particulars of claim using the template. I have calculated the 8% interest over the six year period and then added on the 8% interest from the date of the last charge until today. Is that correct. I hope so, the total is going up and up . Another question Have the bank violated my human rights I feel like they have. but I need to know which box to tick.
For your 8% intertest you need the figure that's been calculated up to the day you submit your claim through the courts. The spreadsheet should automatically calculate this if the date is correct on it.
The daily interest generated each day after your claim is filed will automatically be added on by the courts.
Hi I have still not heard from the Natwest after sending them the lba over 17days ago. I'm afraid I didn't send it recorded delivery, I was in a rust and just posted it. I fear that have received it and know it wasn't recorded delivery and so have ignored it. Do I ring them or send them another recorded delivery lba. So I know they have got it. I don't want to start the court action, just incase they haven't received it and the case will fail. I could kick myself.