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.
Hi. I'm helping my Dad out here claiming bank charges back. He's got every statement he ever had!, though I know we can only go back 6 years. A few questions.
Is the 6 year date from date you start proceedings I.E Prelim letter? or when it gets to court. I ask because there is a charge 22/01/01. So The prelim letter will be sent and recieved (hand posted for effect lol) but obviously if it eneded up with a court case it would be outside six years.
Secondly, Are unauthorised overdraft fees reclaimable? after all my Father didn't ask them to authorise the payments that made him overdrawn.
Thirdly, the interest that arises after the unauthorised charges
Hi. I'm helping my Dad out here claiming bank charges back. He's got every statement he ever had!, though I know we can only go back 6 years. A few questions.
Is the 6 year date from date you start proceedings I.E Prelim letter? or when it gets to court. its when the claimant did or could have reasonably discovered the unlawfulness of the charges, generally considered to be APR 06 when the oft published their findings.I ask because there is a charge 22/01/01. So The prelim letter will be sent and received (hand posted for effect LOL) but obviously if it ended up with a court case it would be outside six years.
Secondly, Are unauthorised overdraft fees reclaimable? yes after all my Father didn't ask them to authorise the payments that made him overdrawn.
Thirdly, the interest that arises after the unauthorised charges you want someone to tell you what rate you paid ? Generally if its interest you paid the amount will be on the statements and Vampiress spreadsheet will apportion an amount based on the account balance.
If its contractual interest you want to charge then use the appropriate rate, typically unauthorised OD rate, from the banks website.
Thanks in advance
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Secondly, Are unauthorised overdraft fees reclaimable? yes
Ok and this is via the standard prelim letter
this one "*My request*
I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
*Your responsibilities*
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.
*What I require*
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
*My targets to resolve this matter*
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
***************"
I would of left link but I can't open the prelim page in library
General questions
. A few questions.
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Originally Posted by sieski
