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.
Just tweaked the Excel file to work in OpenOffice (for some reason it didn't work in v2.0 I'm using on OS X) and worked out the charges for the last five years.
£529.00 in charges.
£131.96 in interest.
I have sent two request for the charges to be repaid to my account. One for the unauthorised overdraft charges and a separate one for unpaid cheque and DD charges.
I suspect they will get the letters on 26/04/06.
I'm in England at the moment (although when some of the charges were applied I was in Scotland), so I take it I can just take it to an English court?
You do not need to make seperate claims for each part of the above.
It seems from your questions that maybe you have not yet read through the Frequently Asked Questions (FAQs) which is an absolute must.
You are either about to start, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.
Spend a day or two going through it, as this also contains the "Case Guidance Notes" and "Step-by-step" guides etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......
Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....
It really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.
Good luck..!!!
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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 do not _need_ to make separate claims, however reading another forum it seems that it can be prudent to do so, as for a bounced DD or cheque there is no service defence, only the question if the charge was represented the damaged caused to the bank.
As to the other points I can see no mention of taking a Scottish bank to court in England, only the mention of a 'local county court'. I assume that confirms that all my actions can be taken within England, but you know what assuming did...
What thread are you referring to? Can you post a link?
The banks first appearance in court was based on a defence that their actions were a service, and as such their charges could not be deemed a penalty. That issue has been resolved, hence the reason they are not defending anymore.
Because of this, the charges - and the interest that they caused - can be claimed together without 'fear' they will defend on the basis of supplying a service.
Other than that, I'm not really sure what you are referring to....
John
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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.
What thread are you referring to? Can you post a link?
The banks first appearance in court was based on a defence that their actions were a service, and as such their charges could not be deemed a penalty. That issue has been resolved, hence the reason they are not defending anymore.
Because of this, the charges - and the interest that they caused - can be claimed together without 'fear' they will defend on the basis of supplying a service.
Other than that, I'm not really sure what you are referring to....
John
I wasn't aware that they weren't defending anymore.
However for completeness the link for the two documents can be found here:
Interest can fall into 3 categories...
(1) Debit interest - where you pay extra for being overdrawn
(2) Charges interest - where you calim 8% on each charge made, since the day it was made
(3) Daily interest, at 8% from the day court action is started, until they pay you.
(There is a more detailed, standard reply, below)
I believe you might be a little confused over these, so to clarify quickly
Your initial claim can include (1) above, if you wish, but see below..
(2) cannot be included UNLESS you start a court claim for refund
(3) is calculated at 0.00022 x amount of charges, and is added per day until settlement, although you are not forced to include that if you so wish
If you stick to the template letters on this site, there should be much less confusion...
Finally, with regards defending, banks are often saying they will defend themselves in court, but the number who actually submit a defence and appear in court can be counted on one hand.
There is often a lot of confusion regarding interest - not least because there are effectively 3 types that are referred to....
1) You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.
This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.
It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed direct debit / Cheque etc etc.
If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....
Another train of thought on this subject is as follows - If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to.
The choice is yours........
2) If your case gets to the stage of court action, AND ONLY IF IT DOES, then you may claim 8% interest on each and every charge made - this is also from the DAY the charge occured.
Use the spreadsheet in FAQ section (or the new online calculator) which works this out for you - very simple indeed.
3) Additionally, we can finally complicate matters by sticking on interest on a daily basis from the time the court case is started until settlement.
There is also a calculation for this in FAQs.
If you don't understand these, it is VITAL that you spend more reading through the FAQ section.
Good luck...!!
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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.
They are paying the full amount for the unpaid cheque/DD (so that is one of the two letters I sent).
The person on the phone had not seen the other letter, and there were no questions or papers to sign, just a full refund.
So, that's £109/£109 for the first letter and £0/£400 for the second letter so far.
How exciting
Came in from doing some shopping and got a second call from them!
Was offered £200 for the second amount with the guy saying "you do realise we have costs too". I refused the offer, stating as those were unenforceable penalties I would go to my local small claims court for anything short of a full settlement.
Imagine my surprise when the very nice person on the other end of the line simple caved! So, there will be two letters sent out to me (I put in two claims) to indicate that the funds are a Full and final settlement.
unspec vs BoS
charges and a separate one for unpaid cheque and DD charges.
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Originally Posted by jonni2bad
Re: unspec vs BoS
