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.
My husband has a cc with a and l which is done through MBNA.I sent a letter just over a week ago basically saying give me money back or else blah blah blah. I have just received a reply but to be honest i haven't a clue what to do next!!
The letter
Thank you for contacting us.
It is my utmost intention to resolve this matter to your satisfaction and I would appreciate if you could telephone the Customer Advocate office, on 01244 672628 between 8am and 5pm, Monday to Friday.
We will ensure that you receive a full response by March 12, 2006. I have enclosed a copy of our internal complaints procedure leaflet for your information
My husband will be a nightmare if he has to call, he flaps and panics and it useless 'demanding' stuff! I tend to write down bullet points for him if I know how the conversation will go ont he phone.
Has anyone else had this letter? What should I tell my husband to say ont he phone?
My husband has a cc with a and l which is done through MBNA.I sent a letter just over a week ago basically saying give me money back or else blah blah blah. I have just received a reply but to be honest i haven't a clue what to do next!!
The letter
Thank you for contacting us.
It is my utmost intention to resolve this matter to your satisfaction and I would appreciate if you could telephone the Customer Advocate office, on 01244 672628 between 8am and 5pm, Monday to Friday.
We will ensure that you receive a full response by March 12, 2006. I have enclosed a copy of our internal complaints procedure leaflet for your information
My husband will be a nightmare if he has to call, he flaps and panics and it useless 'demanding' stuff! I tend to write down bullet points for him if I know how the conversation will go ont he phone.
Has anyone else had this letter? What should I tell my husband to say ont he phone?
If the phone call is difficult then I would say don't call but write instead. They have no right to demand that you call and you should assume that their phone operative is trained to exploit any uncertainty in what you say.
If the phone call is difficult then I would say don't call but write instead. They have no right to demand that you call and you should assume that their phone operative is trained to exploit any uncertainty in what you say.
Basically the rule is:
If they want you to write - phone
If they want you to phone - write
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Basically the rule is:
If they want you to write - phone
If they want you to phone - write
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
If the phone call is difficult then I would say don't call but write instead. They have no right to demand that you call and you should assume that their phone operative is trained to exploit any uncertainty in what you say.
Absolutely correct.
In fact - if you write to them explaining that you will only enter into correspondence via the mail and they persist in phoning, then they are in breach of the Wireless Teleghraphy Act (I believe; this would need verification, but when I had a read, it was pretty unambiguous.)
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
If the phone call is difficult then I would say don't call but write instead. They have no right to demand that you call and you should assume that their phone operative is trained to exploit any uncertainty in what you say.
Absolutely correct.
In fact - if you write to them explaining that you will only enter into correspondence via the mail and they persist in phoning, then they are in breach of the Wireless Teleghraphy Act (I believe; this would need verification, but when I had a read, it was pretty unambiguous.)
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
Also, record your telephone conversation. They might well be doing the same, and if they can pursuade you to cave in they'll have evidence of it if they've recorded the call.
At the beginning, warn them that "I just have to tell you this call IS being recorded for quality control purposes."
During the call, ask them direct questions such as "Can you explain to me what these charges are, and how you break down the £38?" (or whatever it is), "What reason do you have for disobeying the law as laid down in the unfair terms in consumer act 1999 which gives me the right to negotiate liquidated damages compensation?" - really push these sorts of questions, because the more YOU KEEP THEM on the defensive, the better you can control the conversation the better it will be.
Finally if not satisfied, don't get angry and shout or swear at them. Thank them for their efforts, but tell them that "I believe as you are not prepared to change your position, and I'm not prepared to change mine, and the banking Ombudsman has no powers to force compliance with a decision in arbitration, I feel that the only way forward is to settle this matter through the courts."
Last time the Natwest spoke to me, they tried to assure me that the banking ombudsman and the financial ombudsman CAN make binding rulings, but this simply isn't true. The leaflet produced by the banking ombudsman specifies they are an arbitration service ONLY, and can't force the banks to comply, and the financial ombudsman specifically excludes banks and building societies - so don't be misled by the banks about the powers these two organisations have.
Also, record your telephone conversation. They might well be doing the same, and if they can pursuade you to cave in they'll have evidence of it if they've recorded the call.
At the beginning, warn them that "I just have to tell you this call IS being recorded for quality control purposes."
During the call, ask them direct questions such as "Can you explain to me what these charges are, and how you break down the £38?" (or whatever it is), "What reason do you have for disobeying the law as laid down in the unfair terms in consumer act 1999 which gives me the right to negotiate liquidated damages compensation?" - really push these sorts of questions, because the more YOU KEEP THEM on the defensive, the better you can control the conversation the better it will be.
Finally if not satisfied, don't get angry and shout or swear at them. Thank them for their efforts, but tell them that "I believe as you are not prepared to change your position, and I'm not prepared to change mine, and the banking Ombudsman has no powers to force compliance with a decision in arbitration, I feel that the only way forward is to settle this matter through the courts."
Last time the Natwest spoke to me, they tried to assure me that the banking ombudsman and the financial ombudsman CAN make binding rulings, but this simply isn't true. The leaflet produced by the banking ombudsman specifies they are an arbitration service ONLY, and can't force the banks to comply, and the financial ombudsman specifically excludes banks and building societies - so don't be misled by the banks about the powers these two organisations have.
I disagree that you need to warn them about recording.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
I disagree that you need to warn them about recording.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?
I am writing him a list of what to say to see if he feels ok doing it, if not i will either talk or write on his behalf.
They want to satisfy my husband (ooh er), the only way to do this would be 100% of charges reimbursed, if they say no should we just say, ok then, you aren't willing to budge so i will start court proceedings? Or do I ask them to negotiate?
I just don't understand the bit of the letter that says 'we will ensure you recieve a full response by march 12th', any ideas what this means? Does it mean if I don't do anything they will write to me again?
I am not sure how much I am charging yet as i asked for a statement in the first letter, they haven't mentioned this in the reply.
Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?
I am writing him a list of what to say to see if he feels ok doing it, if not i will either talk or write on his behalf.
They want to satisfy my husband (ooh er), the only way to do this would be 100% of charges reimbursed, if they say no should we just say, ok then, you aren't willing to budge so i will start court proceedings? Or do I ask them to negotiate?
I just don't understand the bit of the letter that says 'we will ensure you recieve a full response by march 12th', any ideas what this means? Does it mean if I don't do anything they will write to me again?
I am not sure how much I am charging yet as i asked for a statement in the first letter, they haven't mentioned this in the reply.
Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?
Absolutely.
I have the same thing at home with my husband. When we took his ex-employer to Employment Tribunal, I had to rehearse practically word for word so that he wouldn't get flustered when cross-examined, and in fact, I kept on muttering "slow down" while he was talking, as he would otherwise accelerate and start stuttering and lose his thread.
All you have to do if you want to call them is get your husband to do through the verification procedure, then to say "there's my wife, she'll be talking to you, as i have to (go to work, make the tea, whatever, he doesn't actuallly have to give a reason) and that's it!
Think about it, if you were his lawyer, accountant, or legal guardian for that matter, you'd be talking on his behalf all the time... As long as they know he has given you permission, they can't refuse to talk to you.
Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?
Absolutely.
I have the same thing at home with my husband. When we took his ex-employer to Employment Tribunal, I had to rehearse practically word for word so that he wouldn't get flustered when cross-examined, and in fact, I kept on muttering "slow down" while he was talking, as he would otherwise accelerate and start stuttering and lose his thread.
All you have to do if you want to call them is get your husband to do through the verification procedure, then to say "there's my wife, she'll be talking to you, as i have to (go to work, make the tea, whatever, he doesn't actuallly have to give a reason) and that's it!
Think about it, if you were his lawyer, accountant, or legal guardian for that matter, you'd be talking on his behalf all the time... As long as they know he has given you permission, they can't refuse to talk to you.
Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.
Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?
Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.
Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?
Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.
Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?
I think they're just using delaying tactics. The "assessment team" will have access to a computer, so there's no need for the 1st lot to print them out and send them on, is there?
By the 12th, they'll more or less tell you to sod off, then you'll have to make the request under the DPA, which will give them ANOTHER 40 days to comply...
Since they're talking on the phone, I would phone them back and say that you want those copies now. After all, if they have printed 1 set, a second won't take long, now, will it? If they're funny about it, then send them the DPA request asap. And in fact, I would be tempted to send in the DPA request in writing now jst in case they say yes on the phone, but then don't send them. Well, that's what I would do anyway.
Oh, and just in case, also send in a letter from your husband giving permission for you to talk to them about the account, this way, he doesn't need to be there every time you want to talk to them.
Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.
Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?
I think they're just using delaying tactics. The "assessment team" will have access to a computer, so there's no need for the 1st lot to print them out and send them on, is there?
By the 12th, they'll more or less tell you to sod off, then you'll have to make the request under the DPA, which will give them ANOTHER 40 days to comply...
Since they're talking on the phone, I would phone them back and say that you want those copies now. After all, if they have printed 1 set, a second won't take long, now, will it? If they're funny about it, then send them the DPA request asap. And in fact, I would be tempted to send in the DPA request in writing now jst in case they say yes on the phone, but then don't send them. Well, that's what I would do anyway.
Oh, and just in case, also send in a letter from your husband giving permission for you to talk to them about the account, this way, he doesn't need to be there every time you want to talk to them.
Alliance and Leicester/mbna.
.I sent a letter just over a week ago basically saying give me money back or else blah blah blah. I have just received a reply but to be honest i haven't a clue what to do next!!
Reply With Quote
Originally Posted by seminole
