Patricia Pearl - Small Claims Procedure - A Practical Guide


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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: KB vs A + L

  1. #1
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    Default KB vs A + L

    Hi All,

    New to the forums and have just started out on the road to reclaim the bank charges. The data request letter went out along with the £10 a month ago but nothing back as yet. Will keep you posted how it goes.


  2. #2
    Battleaxe
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    Default Re: KB vs A + L

    Good luck. I am nearly at the end of my first claim against A & L. Hang in there be prepared for the 'sod off' letters and if you need help, just yell, enough of us are around the Mods and site helpers are fantastic


  3. #3
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    Question Re: KB vs A + L

    Thought I would give them a call today to see when the data I requested would arrive. I dated the SARicon letter 12th November but they didnt present the £10 cheque until 22 November. They tell me the 40 days is from when the cheque was presented and not when the letter was first receipted at the head office so looks as though I will have to wait until 2nd Jan before start chasing again. Is this right?


  4. #4
    Battleaxe
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    Default Re: KB vs A + L

    No this is not right. The time starts from two days after you posted your letter. Give them a copy of the post office mark on the recorded delivery slip. Write and tell them what the deadline date is and remind them that you wil be filing at 9am the following working for non compliance and that your immediately reporting their reply to the ICO.

    They are trying anything now to get away with this. I always send a crossed postal order, so they have no leverage regarding trying to start the clock. The law is very clear on this. 40 days from the date of the letter, but you do have to allow two days for the recorded delivery and this is your proof of receipt.

    Go get 'em and take no prisoners.


  5. #5
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    Default Re: KB vs A + L

    Thanks for the reply. A letter is on its way today.


  6. #6
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    Default Re: KB vs A + L

    Quote Originally Posted by Battleaxe View Post
    I always send a crossed postal order, so they have no leverage regarding trying to start the clock.
    Hi Battleaxe, That's what I done when I sent my SARicon letter. Is there any way I can find out the date that the postal order was cashed by A & L?
    I can't see any contact numbers on my postal order receipt!

    Sorry for asking questions in someone elses thread!


  7. #7
    Battleaxe
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    Default Re: KB vs A + L

    KB,

    I have never checked to see when they have cashed the postoal order, I just send them a photocopy of the post office receipt. I am wondering if you check at the post office, as they have a copy of the PO number, if they can't track it, they should be able to tell how to do it.
    Sorry I can't be of more help .


  8. #8
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    Default Re: KB vs A + L

    Quote Originally Posted by Kevyb1 View Post
    Thought I would give them a call today to see when the data I requested would arrive. I dated the S.A.R - (Subject access requesticon) letter 12th November but they didnt present the £10 cheque until 22 November. They tell me the 40 days is from when the cheque was presented and not when the letter was first receipted at the head office so looks as though I will have to wait until 2nd Jan before start chasing again. Is this right?
    The 40 days starts either the day they receive the request or 2 days after posting by first class mail. Hope you sent it by recorded delivery so you have proof of when it arrived. In fact I send all letters about a claim by recorded now from first to last. the only one I dont use recorded for is accepting the settlement and notify court that it's settled

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  9. #9
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    Default Re: KB vs A + L

    Quote Originally Posted by ~*Cash Crisis*~ View Post
    Hi Battleaxe, That's what I done when I sent my S.A.R - (Subject access requesticon) letter. Is there any way I can find out the date that the postal order was cashed by A & L?
    I can't see any contact numbers on my postal order receipt!

    Sorry for asking questions in someone elses thread!
    The post office can tell you how to track a postal order but it does take some time, that is why I always use a personal cheque, I can track it as soon as it hits my bank.

    ALWAYS send these letters using first class recorded delivery, that way you know when the letter arrives and it destroys their argument. About 10 days after delivery you can also get access to the signatureicon as well.

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  10. #10
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    Default Re: KB vs A + L

    Does it matter where the SARicon went first? I sent it to the head office at Narborough rather than Bootle. Infact, should I send all correspondence to Bootle? They are trying to extend the start date because the letter was transferred from Narborough to Bootle and are trying to use this transfer time as an excuse. Regardless, I have sent a follow up letter to Bootle expecting the data no later than 24th December.


  11. #11
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    Default Re: KB vs A + L

    Quote Originally Posted by Kevyb1 View Post
    Does it matter where the S.A.R - (Subject access requesticon) went first? I sent it to the head office at Narborough rather than Bootle. Infact, should I send all correspondence to Bootle? They are trying to extend the start date because the letter was transferred from Narborough to Bootle and are trying to use this transfer time as an excuse. Regardless, I have sent a follow up letter to Bootle expecting the data no later than 24th December.
    They have 40 days from date of receipt of the SARicon letter as long as it includes payment.

    When I made my claims against A&L I ignored their Bootle centre totally and sent everything to Narborough.

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  12. #12
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    Default Re: KB vs A + L

    I am currently claiming bcak charges from A&L, and the S.A.R., took 42 days from the date of the recorded delivery letter, although I did have to ring them after 38 days just to remind them!!


  13. #13
    Battleaxe
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    Default Re: KB vs A + L

    Everything I did and am doing with A & L goes to Narborough, then there is no excuse.

    if you got the stuff after 42 days, the ICo isn't that interested.


  14. #14
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    Default Re: KB vs A + L

    OK. All correspondence from now will go recorded delivery to Narborough. Thankyou all for your help so far. I'll be in touch soon with an update.
    KB.


  15. #15
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    Default Re: KB vs A + L

    Quote Originally Posted by Kevyb1 View Post
    OK. All correspondence from now will go recorded delivery to Narborough. Thankyou all for your help so far. I'll be in touch soon with an update.
    KB.
    If you issue on MCOL you will serve the papers on the Narborough adress anyway as it's their head office so cut out the Bootle middleman

    Hi Battleaxe not hijacking this thread but they finally accepted that SARicon and are sending the data out quickly. bit late as I already submitted a claim on them They have also offered all the charges back but we want the interesticon as well

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  16. #16
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    Default Re: KB vs A + L

    Hi All,

    The wad of bank statements finally arrived after 42 days and just as I was about to send the lbaicon for non compliance of the SARicon. Anyway, I have collated all the data and will send off with a preliminary approach for payment. Can anyone tell me why I can not add the 8% interesticon now?


  17. #17
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    Default Re: KB vs A + L

    Quote Originally Posted by Kevyb1 View Post
    Hi All,

    The wad of bank statements finally arrived after 42 days and just as I was about to send the lbaicon for non compliance of the S.A.R - (Subject access requesticon). Anyway, I have collated all the data and will send off with a preliminary approach for payment. Can anyone tell me why I can not add the 8% interesticon now?
    The 8% is allowed under section 69 of the county courts act. It is purely at the discretion of the court and can only be applied when you file a claim with the court.

    Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.c o.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus
    Capital One:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadu s
    MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus
    Smile:Settled 15/11/06
    Egg Card:S.A.R - (Subject Access Request) sent 2/10/06
    GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06
    Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching
    Barclaycard:In criminal default watch this space
    Lloyds TSB:In criminal default watch this space

    If my comments have been useful please click the scales and let me know.

  18. #18
    Battleaxe
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    Default Re: KB vs A + L

    When I did my prelim letter I did add the contractual interesticon, and made the total of both the charges and interest my demand for repayment.

    When I did the lbaicon I also sent both sets of sheets with the interest updated, so A & L wasn't sure what I was going to file.

    When I filed, I updated the interest again but applied for the 8% interest.

    I got this amount and my costs when they settled after saying they were going to lodge a defence.


  19. #19
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    Default Re: KB vs A + L

    Hi Battleaxe,

    I have sat on this for a few days now trying to work out and get my head round contractual interset. Could you please advise what method you used? Thanks in advance.


  20. #20
    Battleaxe
    Guest

    Default Re: KB vs A + L

    Maybe I am using a simplistic approach here and the purists will howl me down.

    I used Vamps spreadsheet and entered the current rate of contractual interesticon, from the day the very first charge was applied. i did not bother using the sheet which required the balance at the time the interest was applied, as half the time with A & L this was not shown, if it was, it did not correlate to anything as we all know.

    So if the first charge was on 10 October 2000, that is the date I applied the current rate of contractual interest which is 17.08%, I also added the interest they charged me on the dates they charged and this also included at the contractual rate of interest.

    They paid me out using the 8% interest as this is what i claimed when I filed. Next time around which is this month I am not deviating from contractual rate of interest.

    Example Interest charged £ 2.23
    Date Charged 28 Oct 2000
    Interest 1.37

    so this little bit of interest would have been cliamed as £3.60

    So Charges and interest of £1186.75 earned £563.42

    Total claim £1770.17

    but with 8% interest the pay out was £1378.97

    Hope this makes sense.



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