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.
Firstly I'd like to say how happy I am to be starting a claim and thanks to anyone who can help with my 3 questions.
1 - Have a made an error? I sent the first letter to Barclays requesting £925 back, I recieved a reply back from them quite quickly offering me a 'final settlement' of £400 which I am not accepting. I presume now I do not send the letter before action and go straight onto REJECTION OF SETTLEMENT letter? If this is correct, how do I word the final paragraph as it says "my letter before action sent ....." which I didn't send, what do I write?
3 - Since my first letter I have had yet more charges to my account, this month alone is £90, how do I go about claiming more charges, or does this come later?
Sorry if these have been asked before, I must say I am getting a bit nervous about taking the bank to court, do they normally pay up before the hearing date?
1 - Have a made an error? I sent the first letter to Barclays requesting £925 back, I recieved a reply back from them quite quickly offering me a 'final settlement' of £400 which I am not accepting. I presume now I do not send the letter before action and go straight onto REJECTION OF SETTLEMENT letter? If this is correct, how do I word the final paragraph as it says "my letter before action sent ....." which I didn't send, what do I write?
Amend the 1st paragraph of the LBA:
Thank you for your letter dated xx/xx2006.
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.
2 - Do I claim back interest on the amount?
There are 2 instances of interest you can claim:
1.When you go overdrawn the bank will charge you interest, perfectly lawfully.
However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.
Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this
It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother
This is the interest referred to in the preliminary and LBA letters.
2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim
3 - Since my first letter I have had yet more charges to my account, this month alone is £90, how do I go about claiming more charges, or does this come later
You can add further charges right up to filing a claim. Amend the schedule of charges to include them
3 questions
requesting £925 back, I recieved a reply back from them quite quickly offering me a 'final settlement' of £400 which I am not accepting. I presume now I do not send the letter before action
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