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 received a letter from RBS on Friday in response to my letter before action offering me the full amount for the charges on my old credit card but refusing to offer me either the interest I've asked for or the return of my £10 Subject Access Fee. They actually enclosed a cheque for £364 in the post. What should I do? The interest at 8% which I asked for - the standard amount I could claim for in court amounted to £166 so this is a substantial amount of money. The reason they gave for not offering it suggested they misunderstood what I was asking for, despite my having included a schedule showing the charges and interest. The letter stated that I had incorrectly worked out the amount I had been charged for interest on the fees and they were giving me that back - about £3 - whereas I was actually asking them for my interest on the money I would have had if they hadn't have charged me, if you get my drift. I am entitled to ask for this aren't I? And for the subject access fee? Can someone confirm just before I reply? I want to be sure I've got my facts right.
Further to this, I've just been reading that you can only apply the 8% interest once you file a court claim, not at the letter before action stage. Does this mean then, that if RBS has settled the charges in full but has refused the 8% interest and Subject Access that I have no right to take them to court for the interest? Seems strange that the Court says I'm entitled to it but I can't ask for it if the bank settles the charges before the court claim. Can someone clarify this please?