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.
6.12.06 sent secure message asking for money back - REFUSED
12.12.06 sent prelim letter asking for money back - REFUSED
8.1.07 sent L.B.A recieved a response the following day refusing to refund my charges.
Does anyone know if I still have to wait the 7 days before filing a claim on money claim?
Filed my claim against Egg with moneyclaim on 22nd and recieved a letter from egg yesterday saying
1.We view our terms and conditions as fair and in particular the charges levied pursuant to section 7.1 of your credit agreement with egg banking plc to be a genuine pre-estimate of loss rather than a penalty.
2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:
(a) Without any admission of liability and purely on a commercial and ex gratia basis we will within 14 days of your acceptance of this proposal by return of the signed consent order(see paragraph (b) below) pay you £xx in full and final setlement of the proceedings in Northampton county court under claim number xxxxxx and of all claims,rights,actions and causes of action (including claims for interest and costs) you may have against egg arising out of or in connection with any issue pleaded in this case. (b) As your acceptance of the proposal you will sign and return to us the consent order enclosed with this letter providing for dismissal of the proceedings on basis of each party bearing their own costs. Once we have recieved the signed consent order we will lodge it at the court to bring proceedings to an end.
They are offering to pay me back in full so should I just return the signed form? and do I need to do anything with moneyclaim?
in Full and final setlement of the proceedings in Northampton county court under claim number xxxxxx and of all claims,rights,actions and causes of action (including claims for interest and costs) you may have against Egg arising out of or in connection with any issue pleaded in this case.
Have they included the interest & costs in your settlement figure?
I accepted the conditions as my account had been closed for 2 years so knew I wouldn't have any further claims. If your account is still open it may be worth you replying by letter accepting the settlement figure but only if they remove this condition. I think there's a template somewhere.
K
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
I didn't actually claim the interest just because my claim was a small amount. The have offered me the full amount + court costs and my account with them has a nil balance so I am not too worried about that.
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.