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 spoke to him this morning at a hearing when he removed a stay. He said there are around 50 cases to be heard. All the stays which were in place are to be lifted and he will deal with them in batches ie all the Abbey claims in one go, all the TSB claims in one go etc.
He said it will either be a damp squib because everyone will have settled or a mad scramble for seats.
Abbey - Claim 1 full hearing 22 Feb 07 - Settled in full £710
Abbey (Claim 2) full hearing 22 Feb 07- Settled in full £4000
Abbey (Claim 3) Court date 27 June -
Capital One (claim 1) £467 Settled in full 20 Sep
Capital One (claim 2) £72refunded 19 Aug
Associates (Citicards)
claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS
Well, I probably won't see you there, the Abbey will hopefully settle both my claims and Cahoot and Barclays will settle yours.
I predict it will just be me and Citicards, with them fighting over not wanting to refund me the princely sum of £375!
Abbey - Claim 1 full hearing 22 Feb 07 - Settled in full £710
Abbey (Claim 2) full hearing 22 Feb 07- Settled in full £4000
Abbey (Claim 3) Court date 27 June -
Capital One (claim 1) £467 Settled in full 20 Sep
Capital One (claim 2) £72refunded 19 Aug
Associates (Citicards)
claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS
Abbey wrote yesterday and are settling both claims!
Just the obstinate little so and so's at Citi!
Abbey - Claim 1 full hearing 22 Feb 07 - Settled in full £710
Abbey (Claim 2) full hearing 22 Feb 07- Settled in full £4000
Abbey (Claim 3) Court date 27 June -
Capital One (claim 1) £467 Settled in full 20 Sep
Capital One (claim 2) £72refunded 19 Aug
Associates (Citicards)
claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS
I had one against Lloyds TSB on the same 10am list - however, they chickened out yesterday and paid the full amount into my account.
Pity really, I'm getting to really enjoy these cases, and haven't lost one of them, or the default removal cases I've claimed for.
I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant
Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,
The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!
The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional. Saying that, I've used these methods against many of these corporate crooks and won hands down!
Surleybond, are you able to request that the defaults on your credit file be removed ?
It is my contention that settled defaults should be removed under the basic argument that the contract has thus ended (with all parties' interests settled) and therefore all clauses of the contract are then ended.
As such, the clause where you originally gave the lender permission to disclose your account data to CRAs is also finished. In which case, any future disclosure of your account details is in breach of the contract, and under the Data Protection Act, you can ask them to stop processing your data.
I've used it in over 20 cases that I have been helping on, and we've won every case. Having said that, it all depends on your specific case and how far are you prepared to go to having it removed.
Other people on this forum have also used the template and have reported back to me that theie settled defaults have been removed, but, again, it comes down to specific cases and the individual circumstances.
The template is in a thread in Legalities, called Default removal - a proposed method. It was a sticky thread, but for some reason was made unsticky a few weeks back. (Don't ask me, I'm only the piano player)
However, I have made some changes to the template offline as there are some other important new items that need to be included which actually makes the matter almost indefensible to the lenders and C.R.A.s - this is based on two case precedents held in a higher court.
I might update the thread if a) I can still find it, and b) get time to edit the template.
Good luck.
I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant
Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,
The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!
The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional. Saying that, I've used these methods against many of these corporate crooks and won hands down!