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.
My wife and I are both going through the process of claiming money back for unfair charges, going back 6 years. We have written DPA letters.
We have recieved some statements, but are currently waiting for the remaining statements and the details of manual interventions. However I can calculate the total charges before they arrive, through their online facility (probably around £900 in total).
What I would like advice on is the following:
We have a current account each, and also a joint account (all with HSBC). When I send the preliminary letter requesting a refund of charges, is it possible to combine the requests for all 3 accounts into one letter, signed by botho of us? I presume that if it is possible, then it can be considered one claim when putting an application into the moneyclaim.gov site and if it goes to court.
My wife and I are both going through the process of claiming money back for unfair charges, going back 6 years. We have written DPA letters.
We have recieved some statements, but are currently waiting for the remaining statements and the details of manual interventions. However I can calculate the total charges before they arrive, through their online facility (probably around £900 in total).
What I would like advice on is the following:
We have a current account each, and also a joint account (all with HSBC). When I send the preliminary letter requesting a refund of charges, is it possible to combine the requests for all 3 accounts into one letter, signed by botho of us? I presume that if it is possible, then it can be considered one claim when putting an application into the moneyclaim.gov site and if it goes to court.
Thanks, in advance!
Although you could probably calculate the charges - does your online banking show all the period that you wish to claim for? The banks that Ive been with have only showed the last 200 Transactions etc. I would of said you could claim altogether as your the customer and its the same bank for all the accounts. See what other members say.
Abbey Claim
27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.
Alliance & Leicester
LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!
Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December
Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06
....However I can calculate the total charges before they arrive, through their online facility (probably around £900 in total).....
Hi - Just be aware that as part of the claim you need to know that there has been no manual intervention, so don't start the claim until they have provided (or not as the case may be) the full list etc.
Originally Posted by Simon Payne
...is it possible to combine the requests for all 3 accounts into one letter, signed by botho of us?....
You can combine, for instance, the joint acc plus one of your indivual accounts, but don't blur the two individuals into one claim
Best of luck
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I have recently sent letter 1, for 3 accounts, my own, a joint one and my wifes, can I ask why you say dont mix two individual accounts? and would it be possible now that I have started the process to seperate my wifes one to be dealt by her?
You may wish to get clarification from BankFodder or Dave (site staff) on this, but it is my understanding that a claim should be for one person, which may include several accounts, as long as they are with the same organisation.
The joint account has your name on it, so this is fine.
You are including your wife's individual account but, as I see it, you are therefore doing something on her behalf - and effectively without her permission. Of course I know this is not the case, she would clearly want you to do it, but I guess you are signing the papers you have sent?
If, seperately, you wanted to act for your wife, then you could make this obvious in a letter, outlining the case and including text along the lines of "I hereby give permission for my husband, XXXX XXXXXX, to represent me in this matter, and all correspondence can be addressed to him" - or something like that?
As I stated earlier, you may certainly seek clarification on the matter.
Hope that helps.
John
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I see what you mean mate, thanks for that.
I did get her to sign the first letter aswell and was planning on doing the same throughout the process, would this help? or is it all just a bit complicated? Any advice would be gratefully accepted.
Well, only from a personal point of view, I see it as complicating matters, even if it is ok to do it.
I think the best thing, for now, would be for you to raise this as a new subject, in GENERAL, and we can get the site team to clear the matter up. This, in turn, will help others in the same boat.
We are all learning so much, so quickly, but often these type of things will need to be added to the FAQs.
Here's your chance to do it...
Good luck
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I think I will send separate letters for each of the accounts. As you say jonni2bad, probably better to keep it as simple as possible. Banks appear to have difficulty with ANYTHING slightly 'outside the box'.