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.
I have received an Allocation Questionnare for my case against Barclacard. In their defence they something along the lines of claimant has not submiited charge schedules or stated bank account number therefore case should be struck out, wasting court time etc etc
Should I be sending my account details and a list of al charges and dates etc along with the aq? And should this me mentioned in any other info section of AQ...what else to i need to include here?
Then submit once completed within the deadline. You should also add this into section G of the allocation questionnaire it basically states that you want them to disclose their costs which they will not do. This may mean they will see you mean business.
"I am respectfully requesting my claim be heard via the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the defendant in respect of its customer’s contractual breaches exceed or even reflect their actual costs incurred. I am happy to pay their actual costs and I am surprised the defendant did not counterclaim for these, as I would have paid them without argument. However, the continuing problem is (in common with the hundreds of other cases currently being brought by other bank customers) that the banks are refusing to reveal the details of their penalty-charging regime, and that the charges they apply to accounts for exceeding overdraft limits and so on are entirely disproportionate to the actual costs the banks incur. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocations to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. I have attached the schedule of the charges I am claiming for to this allocation questionnaire to show a Breakdown of the amounts for the courts perusal.
I believe the case will take no longer than 1 hour".