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.
I recently told my mother about how to claim her bank charges back and pointed her in the direction of this site. Told her to read all the FAQ's and generally have a bit of a look around the site learning as much as possible. However she has made a BIG mistake I think. She sent off the preliminary letter and the schedule of charges of what has been charged. When I went over what had been sent she had not completely understood what interest that could be claimed back. She thought that she could claim all the interest on her overdraft back, not realising that she could only claim the interest on the charges, so all this went on the schedule of charges sheet. I have pointed out the error of her ways in this and I will be proof reading everything before it goes now.
My question though is what should she do next? Can she just send another preliminary letter with no mention of the first one? Or does she send a letter cancelling the first letter and then start the process again. Will this mistake have any effect on the claim in the long run?
Spoke to the old folks the other day to see if they had got a response to the SAR they sent off and they said no. (The prelim letter she sent with the schedule of charges was wrong when i gave it the once over. She also didn't have all here statements, decided it was best to do a SAR). Bit strange I thought as the 40 days had passed. Out of interest I asked if they had sent two cheques to cover the two accounts they wanted details on. Lo and behold they hadn't, they had only sent one. This was after I had repeatedly told them they need two cheques. Next question to them was did you send it recorded delivery and guess what, no they didn't. They’re a nightmare with this. Have just decided to do everything for them from now on, a bit on the difficult side as I live on the other side of the country. But if it helps them out its defiantly worth it. Just very frustrating at times, god love.
Have decided that the best course of action now is to send a SAR to Lloyds with another cheque for one of the accounts. Then send another letter explaining that they use the other cheque (which they haven't cashed yet) for the other account.
Did they send one SAR covering the two accounts. Or did they SAR them under seperate letters? And if they were seperate letters, were they both in the same envelope?
They sent separate letters for each account but both in the same envelope. Got them to send another letter with another cheque to cover the second account. Seems to have done the trick as this week 93 envelopes turned up with statements for both accounts. Think the postman might have been a bit annoyed.....
Going to sit down with them soon and get them started on this now.
Helped the folks out yesterday and compiled their schedule of charges.. Its a lot, almost £4000. Lloyds have a cheek, for a returned direct debit of £4 they charge £35.
The prelim letter and schedule of charges has now been fired off today recorded delivery. Fourteen days and counting..
My parents have just had £750 put into one of the accounts they are claiming a refund of charges back on. this happenned a couple of days after getting a letter saying that they were offering this as Full and final settlement. However Lloyds didn't say on the letter which account this sum refered to. The account that they have put the money in the total amount of charges is about £690 and the other account is about £4000. They have tried phoning the Lloyds phone number supplied on the letter but it always goes to voicemail. Which says that the voicemail box is full and they cant leave a message.
My question is does the money relate to the account it has gone into or for both accounts? I am thinking that they should send a letter accepting it in full and final payments for the account which they are claiming £690 back. Then proceed as normal with the £4000 claim.
i think that your best course of action would be to as you say write a letter stating that this amount is accepted as full and fianl settlement with all the approprite a/c no's on then as you say carry on with the claim for £4000
I am writing the letter for my parents now, would be grateful if some one would give it a quick once over.
Account No: *****
Sort Code: *****
Dear Sir/ Madam,
I accept this payment of £750 as Full and final payment with regards to my claim for £617.50 relating to my Gold Account. If we do not here from you within 14 days I will presume that this matter is now closed.
I am now just in the very early stages of doing my research into getting the stay lifted on my parents case on the grounds of financial hardship.
Here's a quick summery of what has happened since the case was stayed last year:
I had to get a mortgage to buy their house as they were about 1 week away from getting it repossed last September. The final hearing was set in the court after previously beeing stayed. I managed to buy the house for the majority of debt they had but couldn't get the full amount. So even though they got to stay in the house they still have the mortgage to pay each month as I couldn't afford that one and the bills on my home.
My Dad then got made redundant from his job just before Christmas which meant my mum was the only earning any money for a month or so. They are both back in work again now but really struggling, which I can only see getting worse when Mum's temporary job runs out in about a month. This is starting to seriously worry her and is causing her to get really nervous, panicky and very forgetful.
On top of all this they still have some debts that can only be cleared if their bank charges are returned to them.
Given the above does anyone think this is the type of stuff that I should include when applying to get the stay lifted?
Thanks for reading.
Barclays Bank Account - settled in full £800.
Barclaycard prelim sent 13 Jun 07
Barclaycard settled for full amount 26 Jun 07.
Help Please Big Mistake Made
back, not realising that she could only claim the interest on the charges, so all this went on the schedule of charges sheet. I have pointed out the error of her ways in this and I will be proof reading everything before it goes now.
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Re: Help Please Big Mistake Made
