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
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Sent of my first letter to Natwest today, claiming £1535. As I have copies of all my bank statements, I dont need to request these, so can go straight onto the first stage - I hope this is correct, as this is what I have read into it!
Can someone please advise me if this isnt correct - and if it is, watch this space!!
Sent this (and my other claims to First Direct and Barclays) by registered post!!
Barclays - claiming £760 - lnitial letter sent 02/05/06
First Direct - claiming £748 - Initial letter sent 02/05/06
Natwest - claiming £1535 - Initial letter sent 02/05/06
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
I will do - and can I add that this site is really amazing. Not only do you give excellent advice to the likes of myself (who have been charged horrendous amounts over the years) but also genuine support and encouragement.
Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:
a) I wait for the 14 days and hit them with my lba?
b) do I send the LBA now?
also, I have taken another look at my charges and there is another £400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?
And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly £400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?
Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:
a) I wait for the 14 days and hit them with my lba?
b) do I send the LBA now?
also, I have taken another look at my charges and there is another £400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?
And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly £400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?
Sorry to be a pain!!!! And thanks in advance!!
If the letter said they would not be refunding then go straight to the LBA - Just put the corrected figure and add a line as you suggest.
I would send a seperate letter about the other issue - stating the reason you got into such difficulties was because of their unlawful charges.
Alan, Derby, UK.
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Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Thanks Alan, just been to the post office with my lba - its gone off recorded post to Mr Higley!
I attached a spreasheet showing the new amount, has risen from £1500 to just over £2000! Am currently penning a letter relating to the other business (and have sent applications off to set up a new bank account, just in case!) Even if they dont close my account, I am not sure I want to continue banking with these sharks anymore anyway!!
Have had a reply to my lba (and new claim figure) from Mr Higley that goes:
"Thank you for your letter of 5 May 2006. I feel there is little I can add construtively to my letter of 3 May 2006, which explained the banks point of view. I have, however, noted that your claim has risen to £2050.10. The charges applied to your account have been associated with a lack of avaiable funds when items were presented for payment.
Whilst still regretting that it is your choice to instigate legal proceedings, I hope you wont mind me reminding you rhat the address to be used is that of our Registered Office, which appears below"
I am thinking that I write back, acknowledging his letter, sending a complete list of all charges (again) to show why the claim has risen and remind him that if i dont receive a FULL refund within the 14 days, I will start proceedings? Or do I leave it as it is?
It seems like Stuart Higley doesn't actually bother responding to individual queries. His sole purpose appars to be to try and get rid of you. I've asked him for a Breakdown of what costs the banks are incurring to charge so much, and been sent a breakdown of what the charges I was claiming back were (ie unpaid cheque, unpaid DD - all the stuff I already knew).
Just press on, maybe sending a copy letter to the registered office to boot. I gather they ask for any legal documents to be served on the registered office.
DPA Letter received by NatWest 11/04/2006
DPA Request expires 21/05/2006
Statements received 15/05/2006
LBA sent 15/05/2006
If you find me vaguely coherent, click the scales.
I appreciate that we must agree to differ over the charges aspect but I note that your claim is now increased to £2.050.10. Our decision not to refund remains unchanged.
In the circumstances I have alerted our lawyers and litigation departments to your intentions.
Thank you for letting me know that you are also approachi8ng (their typo, not mine) the OFT."
This doesnt look good, as they only have until Friday this week to refund the charges or I log a claim in court. Anyone with any suggestions/morale support!!! Really dont want to have to go to court as I have NEVER been in court for anything and wouldnt know what to say/where to start!!
Ok, Its quite obvious that you would have to file a claim, we always refer to it, so people are prepared for it. Esp for the amount you are claiming...
You must read up some more about court action.
The likelyhood of you having to attend court is very small.
First up, chill out, and remember you're basically the prosecution, and you're going to nail these sons of *****es.
Secondly, they may still back down before going to court. So don't worry about that too much either.
Thirdly, if it does end up in court, you have the law on your side, and provided you get all the relevant bits of legislation together for ease of reference, it should be a very easy process of laying out your facts and having Natwest utterly fail to counter them with facts of their own.
Lastly, there's an FAQ about going to court, suggesting you contact your local court and ask to be shown around and have the general process explained to you. I'd suggest doing this, since the more you know, the more prepared you are, and the more prepared you are, the more control you'll have over the situation.
DPA Letter received by NatWest 11/04/2006
DPA Request expires 21/05/2006
Statements received 15/05/2006
LBA sent 15/05/2006
If you find me vaguely coherent, click the scales.
Ok, thanks for all of that! However, I was thinking of logging my "prosecution" using the Money Claim online thing. Can I state which court I want to hear my case? Dont want one in Penzance, as I live in the Midlands!
In cases where an individual and a company are in litigation the county court will almost always transfer the case to the County Court local to the individual.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
gailevans v NatWest another **WINNER**
today, claiming £1535. As I have copies of all my bank statements, I dont need to request these, so can go straight onto the first stage - I hope this is correct, as this is what I have read into it!
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Originally Posted by gailevans
