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.
It does vary from person to person, time limit expired when i sent of my s.a.r and i had to send off the failure to comply letter, statements came 4 days after that.
Barclays are certainly one of the worst for delaying at every step.
OK... while waiting for the statements, I have drafted up my first letter.
I know that there are loads of existing templates, but I thought it may be a good idea to quote some of the more recent activities in the letter, which would
a) Show them I am learned (thanks CAG)
b) Make it clear that I will pursue to the end
c) Show that the courts are getting fed up...
Here is the draft letter, comments are welcome, nay, encouraged...
After summarising the total “Penalty” charges accrued on my accounts over the last 6 years, I believe this money was taken unlawfully.
I also consider this to be Unauthorised Borrowing, which according to your published rates is subject to monthly interest rate of 2.05%.
According to the law, “fairness and balance” require that both parties to a contract are equally bound by it, and equally liable to pay compensation for failure to abide by it.
As such I am requesting a full refund of the “penalty” charges along with the accrued compound interest as per the attached schedule of charges. The total claim being £xxxx
I request a sincere dialogue with you regarding this matter, along with confirmation that you will be issuing a full refund, within the next 14 days. Should I receive no such response, I will write again to request this payment be made. You will then receive a further 14 days to respond.
Should I not receive full remuneration in response to this request and within the timescales presented, I will be filling a claim in the county court.
I would, at this point, refer your attention to the large quantity of similar claims being made upon yourselves and other financial institutions, and put it to you that in most instances, full payment is denied until such time as a court date is set. I also put it to you that all such institutions allows the court process to drag until the last moment at which point a full settlement is made.
Should this discussion proceed to an application at the county court, the following request will be made of the judge:
“Please consider striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.”
I will also, at the courts discretion, be requesting a standard disclosure for a Breakdown of your penalty charging system, in order to prove that your charges are not in line with the true costs incurred by you, thus rendering them unlawful.
The following paragraph is phrased from the OFT “Unfair Standard Terms” as empowered by the Enterprise Act 2002.
“Consumers should not have to pay more compensation than is really needed to cover the damage they should have realised their default would cause. As well as being potentially unfair – see Schedule 2 paragraph 1(e) – excessive penalties are unenforceable under the general law.”
Please make no mistakes that I will pursue this claim through the court system if necessary, so with this in mind, sincerely request full payment with the due timescales, which will limit your liability furthermore.
Have submitted the online claim, and from what I understand as soon as I receive a claim ref; I need to post 2 copies of the schedule of charges to the court.
I am unable to process your documentation until the undernoted matters are attended to:
Your small claims application requires service in England/Wales. I have endorsed the application with
the required certification, which you are required to sign and date before returning. Before you decide to proceed with the application it is important that you are aware of the following factors:
1. It takes longer to obtain a decree as additional time is required for service outside the jurisdiction.
2. If you are sucessful in obtaining a decree and wish to enforce it, you can only enforce it through the
enforcement procedures in England/Wales.
3. It is possible in most cases to initiate proceedings in England/Wales where the defendant resides.
If you would like further information on the registration or enforcement procedure in England/Wales you
should contact the Queens Bench Action Department of the Central Office of the Royal Courts of Justice, Strand, London, WC2A 2LL (Tel No 020 7947 6089).
However, if after considering these factors you decide that you wish to proceed in this jurisdiction, please return the forms and I will process them for service.
Yours sincerely
CourtsNI
Now, I dont think things are as bad as this, and chances of a judgement are slim anyway!
So I will draft a letter back to them, saying to charge on full steam ahead. Will also enclose my Schedule of Charges with my reponse letter...
Thank you for quickly processing my claim, and for informing me of the situation regarding enforcement of Northern Ireland judgements in England.
I heed your warning, but would like to proceed with the claim in Northern Ireland, as I believe that the likelihood of a judgement is low.
My reason for this being that many banks, Barclays included, have been using the judicial system to stall claimants and in some instances intimidate them. This statement is based upon fact of over 300 claims of which I can supply court reference numbers, whereby the Banks have made settlement offers immediately before hearing dates.
In light of this I would respectfully request that the following option is considered:-
“Claimant requests the court to consider striking out the Defence as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled out of court.”
as I understand that this direction has been successfully used in England to quickly resolve these claims:-
I have also attached a copy of the “Schedule of Charges” which has been supplied to twice Barclays bank, the first letter being in excess of 28 days ago.
Well, seems the courts here in Northern Ireland are a bit slow...
Today, I have seen confirmation that the claim details are accepted, here is the case summary as seen when I check the progress...
02-Apr-07 Case Response Received
28-Mar-07 Received ON-LINE RESPONSE TO QUERY
20-Mar-07 Returned for Query RETURN FOR QUERY
20-Mar-07 ONLINE APPLICATION FORM
20-Mar-07 Registered
How long does the "Defendant" have to respond to the claim?
Will keep updated as case progresses.
ANY MODS CAN YOU ADD THE DETAILS TO "LITIGATION IN PROGRESS"?
How long does the "Defendant" have to respond to the claim?
28 days from acknowledgement but dont get disheartened when they enter the defence after this date. one guy tonight stated it was 8 DAYS AFTER the deadline.....this is making a joke of the system.
one guy tonight stated it was 8 DAYS AFTER the deadline.....this is making a joke of the system.
Barclays have - as far as I have read (and experienced) a habit of breaking the deadlines and getting away with it. Don't get disheartened tho' we WILL get there in the end.
Boba Fett VS Barclays Bank PLC ***WON!***
(one I closed a year ago)
Reply With Quote
Re: Boba Fett VS Barclays Bank PLC
Originally Posted by dar3n
