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.
Banks response to lba was due today. Received response yesterday saying they would have full response no later than 18th Jan. Do you think I should wait for their response and then proceed with court action? Does the fact that they have delayed their response and I accept the delay mean that my case would be looked upon less favourably when it finally went to court?
The thing is I don't really want to proceed with court action until I get their response as I'm worried that they could close my account and with it being so close to xmas and new year I can't really afford for them to do that. I'm also worried they might ask me to pay back my £2000 student overdraft. Since I'm still a student with only a part time job for income I don't really want to have my account closed.
I personally would go straight onto claim through the courts, i gave them time on one of my claims and they messed me about so much and still didnt pay up. stick to your deadlines and you will be fine. They won't demand the overdraft back, i've now had 4 claims and none of the companies i've claimed with have closed my accounts and i have £1300 unauthorised overdraft but its ALL charges. You will be fine. Just remember they are the ones in the wrong, not you!
My advice is only my opinion, I am not a legal expert.
IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.
Thanks. Thats given me a bit more confidence. My next question is about the Scottish Claims Procedure. I live in England but my branch is in Scotland and my parents live there too. I don't think I can make an application for the small claims court via the Moneyclaim site can I?
I'm going home next week for xmas and wondered whether I could pick up any forms I need from my nearest Court? Can you choose any court?
Hamilton Sherrif Court is the closest but lots of BOS court claims seem to go through a court in Edinburgh. Does anyone know how to proceed via the scottish courts?
ok stuart you can do money claim as you live in england. you also have the option of taking this in paer form through the court closest to where you live in england. if you decide to go through scottish courts you can do small claims (£750 limit) or sumary cause (£1500 limit). in england small claims has a limit of £5000. hope this helps you make the decision. if you do decide to take this through the scottish courts let me know on here and ill give you any info you need otherwise moneyclaim is self explanatory once you get on it
hope this helps
bos~ Data Protection Act sent ~ statements received ~ owed £1766.82 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006 bos Data Protection Act sent ~ statements received ~ owed £1217.86 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006
court date issued of the 17th november
27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.
Thanks for very much for getting back to me. Sorry for the late reply, haven't been on the forum that often over xmas. Will probably proceed with moneyclaim as it seems a lot simpler to do it like that and my claim goes over the scottish small claims limit of £750 anyway.
I'm still going to wait for the banks reply anyway and I've opened an account with the co-op bank as a safety net.
BOS Delay Tactics
was due today. Received response yesterday saying they would have full response no later than 18th Jan. Do you think I should wait for their response and then proceed with court action? Does the fact that they have delayed their response and I accept the delay mean that my case would be looked upon less favourably when it finally went to court?
Reply With Quote
