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.
due to being a bit strapped for time using this site at my work pc, i have accidentally done something a bit stupid... i have sent my bank the spreadsheet with the 8% interest column on it with both first letter and letter prior to court action.
in both cases Natwest have written back saying that they don't have to explain charges etc, but make no mention of my error of asking them for 8% interest (my guess is this is a form letter and they haven't responded to mine personally anyhoo...)
anyway, i am now due to complete moneyclaim site info (and have now fully read the info and faqs...!!!) and submit tomorrow, but not sure if i need to contact bank again saying that i only want to be reimbursed the charges amount, not the interest and give them another two weeks to respond... or just proceed with what i've given them so far
can anyone advise? feel like a complete dunce so please be gentle with me... i really want to get my £1000 back!
Re: I have been a div. sent 8% spreadsheet to bank... help!
Don't worry. You're not the first nor probably the last. Just carry on to moneyclaim, but this is where you need to make sure you get it right. Don't rush, it's not a race!!
Re: I have been a div. sent 8% spreadsheet to bank... help!
Hi, i don't know if what you did was right or wrong but i did that from the start, so my spread sheet with interest was sent to them from the prelim stage, i have now won full settlement so don't stress out to much, your claiming it anyway so may as well let them know from the outset the full amount you want back which if rightly yours. Good luck with the claim.
Tracy
Hi, I’ve got a bit of a weird situation, and would welcome some advice… I’m in the process of reclaiming bank charges from Natwest, and am now at the stage where I’ve received the defence papers from their solicitors. I have already opened another bank account, but when transferring standing orders etc, realised that my NatWest bank loan could only be paid for out of my NatWest account.
I tried to get a loan with my new bank, but the application was refused (I have always made my repayments on time etc, and should have a good credit rating, of so I thought).
Around about the same time, I received a letter from a debt collection agency, asking for repayment for a debt that is completely unrelated to me, at a bank I’ve never been a customer of. Anyway, turns out that following a burglary about 8 years ago, when my passport was stolen, someone started using my identity. I have reported this, with crime ref numbers etc to the debt collection people, but they are still investigating it, and in the meantime, my credit rating continues to be rubbish, and I can’t move my loan.
With this in mind, can NatWest still close my bank account if I continue with my claim, and ask me to pay back my loan in full (about £8,000)? Any advice welcome...
hi all
I’ve received ‘goodwill payment’ letter from cobbetts, offering me £750 (full claim is £1330). It starts by saying:
‘upon consideration of your schedule of charges we note that you set out in a your schedule charges incurred in early 2000. Under the limitation act 1980 you cannot bring a claim more than 6 years after the date on which the cause of action accrued. You issued your claim on 20 October 2006 and you are therefore only legally entitled to claim between the periods 20 October 2000 to 20 October 2006. As such, you cannot claim for the first entry relating to charges and interest on your schedule.’
There is only one charge on the schedule from before 20 October 2000, dated 29 September 2000.
However, I sent my first request for payment of charges letter on 19 September 2006, so surely I can include it? Or should I submit another schedule for the dates they suggest? Its only one charge, so no great shakes, but would rather have everything back that I’m entitled to! and £45 is still £45!
Re: cobbetts - are they just trying to wind me up?
Thank you for your letter dated Xth December 2006.
I first contacted your client regarding their unlawful charges on 19th September 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.
Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake.
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth December 2006
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.
I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.
I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.
i've just called lambeth county court to see if cobbetts had got the AQ in on time, and they said no (deadline was yesterday). the very friendly man on the phone said that i should now write to the judge to ask him to get Natwest to pay up. or alternatively that the judge could set another deadline. will i get a letter from lambeth county court explaining all this? does this mean i'm going to get my money without waiting for a court date (fingers crossed)?
has anyone else had this? i was under the impression from reading everyone else's threads (incl dellers) that they normally submitted the aq right at the last minute... cobblers change of tactics, or just overwhelmed with the amount of people claiming?
Re: NatWest's AQ not received by deadline - what now?
usually the court file would be sent to the judge if the time limt for filing was missed. The judge would then usually make an order (an "unless order") giving the bank further time to file it, failing which the order would provide for the automatic striking out of the defence and judgment for the claimant.
In some courts they take a while to do this so you might want to help them along with a polite letter to the court manager asking that the file be placed before the judge with a view to the making of an unless order.
Cheque for full amount received today!
column on it with both first letter and letter prior to court action.
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Re: I have been a div. sent 8% spreadsheet to bank... help!
NAT WEST - WON - £4282.36
