Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

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.

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Thread: cheeky shabby!!

  1. #1
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    Default cheeky shabby!!

    well i stand corrected! after writing in previous threads how shabby have refunded my charges on request, i got a statement today telling me i was being charged £50.00 (30 for covering a direct debiticon and 20 for going over my overdrafticon limit) for going overdrawn by £4.21!!

    so i spoke to the nice lady who confirmed it was a charge that would be taken on 24th december and it was correct and inline with their code lalalalala although she could not answer when i queried if she felt it was right to charge me 50.00 for a 4.21 infraction!!

    so here is my pre-pre letter I'm sending them:

    To Whom It May Concern:

    Re: Extravagant charges taken from account number xxxxxxxxx

    I have just received my bank statement this morning in which I have been advised that charges will be taken out of my account on the 24th December 2006 for £50.00 as you allowed a direct debit to go through which took me over my overdraft limit by £4.21.

    I object to such a large amount being taken out of my account for such a small amount being covered. I went over my overdraft limit by £4.21, yet you think it is reasonable to charge me £50.00 for this infraction?

    Before you reply telling me your charges are correct, what you have done is not “a charge” it is a penalty. And as such is in contravention of the Unfair Terms in Consumer Contracts Regulations 1999.

    If you do take the penalty charges out of my account on the 24th December 2006, I will give you 28 days notice of my intention to take legal action to recover the charges (plus costs).

    As I confirmed on the telephone I would have been happy paying the £20.00 penalty but not £50.00 as it does not cover the costs Abbeyicon had to pay to cover the direct debit going out.

    Yours sincerely


    i was feeling generous and Christmassy by confirming i would have been happy paying the twenty quid but should have reverted to the OFT's guidance on 12 quid charges i know, but come on Shabby that 50 quid was for beer money on new years eve!!!

    Similar Threads:
    Thanks



    23/11/06 HSBC **SETTLED**
    30/12/06 - GE Capital - **SETTLED**
    30/12/06 - MBNA - charges and interest **SETTLED**

    30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI



  2. #2
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    Default Re: cheeky shabby!!

    FWIW

    in the futue anyone else who writes such a letter might like to exchange the £12 for a phrase such as 'the liquidated damages incurred by my breach of contract'. probably around 50p maybe less.

    JMHO

    GLenn

    PS hope you get the charges refunded.

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  3. #3
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    Default Re: cheeky shabby!!

    sent my letter off to shabby this morning via recorded delivery, also complained online, if they think they are charging me fifty quid they have another thing coming! i dont care taking them to court over £50, its the principle! cheeky shabby!!

    Thanks



    23/11/06 HSBC **SETTLED**
    30/12/06 - GE Capital - **SETTLED**
    30/12/06 - MBNA - charges and interest **SETTLED**

    30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI



  4. #4
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    Default Re: cheeky shabby!!

    spoke with shabby this morning, and sadly they had not received my letter either via their email system or in the post...shame that as i have receipts to say they did! :P

    but the adviser i spoke to decided that under exceptional circumstances she could decide to waiver the fees this time, as she understood being charged 50.00 for a 4.21 omission was harsh but "it is the computer that generates the charges and there is no grey areas sir only black and white" so its a computer that puts on the charges in a matter of seconds, yet why does it cost 30.00 a time as there is no manual intervention??

    Thanks



    23/11/06 HSBC **SETTLED**
    30/12/06 - GE Capital - **SETTLED**
    30/12/06 - MBNA - charges and interest **SETTLED**

    30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI



  5. #5
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    Default Re: cheeky shabby!!

    ahhhhhhhh That is the Question Adi


  6. #6
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    Default Re: cheeky shabby!!

    Did you watch the moeny programme speciall last night on BBC2 22.00hrs.

    They felt absolute max for bouncing a cheque 4.50 and elexctronic transfers 2.50.

    I think they were being generous but its a lot closer to what it should be imho

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA


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