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 sent my claim to RBOS on 15 November requesting repayment of £1719.59 taken from my now closed account in charges over the past 5 years. I received a reply from their customer care department dated 20 November saying that they had passed my claim to their customer relations department as it related to the bank's charging policy, and they would respond to me directly within 10 working days. The 14 days I gave them to respond has now gone so should I now proceed with the lba or wait another few days to see if customer relations contact me?
I received a reply today from Tommy McLean at customer relations stating that they would not be refunding any charges as they believe them to be 'fair, reasonable and transparent', and that the OFT's statement of 5 April 2006 related to credit card accounts only and not current accounts. I am going to proceed with the lba now but have a few questions that hopefully someone can help me with. Firstly should I send the LBA addressed to Tommy McLean at customer relations in Edinburgh or to the customer care care team in Telford where I sent the original claim to? Secondly should I amend the date of service on the charges speadsheet to the date I am sending the LBA or leave it the same as on the first request for repayment I sent? Lastly I have added interest on at 8% which after reading several other posts think this was maybe the wrong thing to do as it seems that this is only added on at the court stage. Should I remove the interest from the spreadsheet I am sending with the LBA or leave it on as I am not sure how to calculate the actual interest incurred as a direct result of the charges. I thought this was interest I was charging them for having money of mine for the last 5 years. The spreadsheet I am using is the excel simple, Scotland one.
Any help or advice would be greatly appreciated.
I thought the same about the interest, but I don't think it matters much as if they settle out of court, you will only get the actual amount in charges, not any interest; you've just saved yourself some time later if you have to go to court. I sent my DPA letter on 7th Nov and was offered £1350 today from Tommy McLean, they owe me another 650 so I'm rejecting the offer. Seems strange they have offered me money but not you. As far as i'm aware, you don't ammend the date of service, it remains the same as when you first contacted them
I sent my lba on the 5th December giving them another 14 days to pay the £1719.59 they owe me. I expect that they will refuse to pay again or offer a reduced settlement, so am preparing now for the court stage. As I live in Scotland I understand I have to make a claim called a Summary Cause through the Sheriff Court, but the maximum that can be claimed is £1500. Should I split the claim into 2 or just claim for £1500? Any advice would be appreciated.