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.
06/09/06 S.A.R - (Subject access request) sent
27/09/06 Details of charges received
06/10/06 Request for Payment of Charges
18/10//06 Letter from Barclays stating they will deal with request at some point in next millenium
21/10/06 lba Sent
03/11/06 Letter offering goodwill gesture
08/11/06 Good will gesture refused
14/11/06 offer withdrawn
28/11/06 MCOL filed
All I can do now is wait and in the meantime i am accruing more charges each month as I am now on the viscious circle where by pay charges, not enough left to pay DD's so pay more charges.
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Well 14 days have come and gone since the woolie/Barclays acknowledged and have not submitted a defence as yet...with it being the season of goodwill, bank holidays etc..how long should I leave it to file for a judgement?
And my other burning question is can I start a second claim for charges that have since been added to my account after I started my current claim?
Hi Poppy Happy New Year
Give the MCOL people a ring tommorrow its not unusual for the banks to file late (so much for timescales)
And you will probably find they will file then after another couple of weeks you will go through the allocation questionaire stage.
After that you can phone their legal department and ask them weather they wish to reconsider settling before court and when they say yes, you say 'also since filing my claim extra penalties have been applied to my account (im not sure you'll get interest back on the new charges)' but it might save going through the whole process again.
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
I received my defence and aq today, I seem to have an 11 point defence and the first point is the bit thats bothering me it reads:
The particulars of the claim do not provide details of the precise charges alledged to be unlawful or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fee's for rturned cheques, "paid referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and date thereof.
I used MCOL and there was no room to add this so I rang MCOL who said to post a copy to them and Barclay's which I did, I also sent a copy twice before with 1st request for payment and with my lba..is this usual with a MCOL? Is an 11 point defence usual?
I received my defence and aq today, I seem to have an 11 point defence and the first point is the bit thats bothering me it reads:
The particulars of the claim do not provide details of the precise charges alledged to be unlawful or the date thereof. To the extent it is alledged that the Claimant incurred bank charges on his/her account for unauthorised borrowings (whether unpaid fee's for rturned cheques, "paid referral fees" or any other such fees), the Defendant puts the Claimant to strict proof of each charge and date thereof.
I used MCOL and there was no room to add this so I rang MCOL who said to post a copy to them and Barclay's which I did, I also sent a copy twice before with 1st request for payment and with my lba..is this usual with a MCOL? Is an 11 point defence usual?
Yeah poppy thats what they are refering to is that, as you know, you can't attach a shedule of charges to the MCOL (although they would have had one with prilim and one with LBA) they like to pad out the defence so nothing to worry about.
If you have time post it on here or just look at ones from Paddym,Thailand, myself,Allexia they all basically say the same thing.
Hang on in there you will get the AQ very shortly.
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
Ok I have filled out my aq (N150) and am ready to send it back, except that I am unsure whether to include directions under section G. I have followed the link on another thread and they do seem like a good idea, has anyone else used them recently?
What will happen if I do include them?
and
should I include a copy with the AQ copy that I will send to Barclays?
So many questions now, but I dont want to get sloppy and mess up.
You could send a copy to Barclay's as common courtesy.
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007
Hi guys just a quick update, I have taken my aq in person to my local court including a copy of directions and have sent recorded delivery a copy to Mr Ruffhead at Barclays.
I will be printing off my bundle tomorrow and preparing my statement of evidence...then I will just sit and wait.
Those naughty people at the Woolwich sent me a letter today saying that if I did not bring my account back into line within 14 days (over drawn again because of there charges) they will cancel my overdraft, stop my bank cards and cancel my cheque book..cheek of it as my wages are due in on 30th.
Is there a post anywhere that will give me some idea of what to put into a letter as I know that if the account is in disput they cant make any changes or something like that.
Hi poppy
You could drop them a letter , but it may not do much good mentioning you feel feel you are being victimised by the bank for taking action against them.
They can not just take your wages and leave you with nothing you need this http://www.consumeractiongroup.co.uk...stop-bank.html
And you need to do it quickly by the sounds of things.
Im sure if you employer is notified in enough time, if they cant pay the money into a new bank account that fast they could make a payment to a post office in the form of a giro maybe.
Perhaps someone else will comment
AL
------------------------- CAPITAL ONE * SETTLED*31st Oct 06 HBOS *SETTLED* 8th Oct 06 WOOLWICH *SETTLED*12thJan2007 Monument (Barclays) *SETTLED*10thMar2007