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 all can anyone help i have sent the 1st letter to the Abbey reclaiming arround £6000. After about 3 weeks they have sent me a letter offering me £1700 as a gesture of goodwill, i was about to send them a letter refusing it but having checked my account today they have already paid it in.what can i do ?
Ok. Send them this letter and don't touch the money.
I am in receipt of your letter dated xxxx January 2007.
I have considered and firmly reject the offer.
I have no control over the fact that if Abbey National wishes to pay money into my account they are able to, but I state clearly now to avoid any confusion at a later date, no money paid into the account will be accepted in settlement and will be treated as a part payment only.
As outlined in my letter dated xx/xx/xx I will be filing a claim with the county court on xx/xx/xx unless I receive a full refund of £xxxx.xx.
Right, if you haven't already sent it, use this. The guys rewrote it today..
YOUR Street
Town
City
Postcode
Date
BANK NAME
Address
Address
Postcode
Re: Account number XXXXXXXX
Response to settlement offer.
Dear [named sender or Sirs]
Thank you for your letter dated xx/xx/xx
I respectfully decline your offer of Full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary. I also reject the further conditions of acceptance that you have attached to this offer, namely (describe the offensive parts here!)
My (Request for Repayment letter) (letter before action) dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request (before I commence legal action). My deadline remains the same.
If you do not accept my own conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.
(If the bank have credited your account, please use this note in place of the above paragraph)
If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.
hello again i want to thank all of you for all the help i am getting..2 small points that i forgot in my last post was that i have only sent first letter requesting refund, and i had already sent first draft of letter(no time wasted there) refusing should i send new letter + 2nd and final request together.i shall sit on hands untill i have a reply and thanks again...
Ok. This what you need to send. Just change the red bits.
Date
BANK NAME
Address
Address
Postcode
Re: Account number XXXXXXXX
Response to settlement offer.
Dear [named sender or Sirs]
Thank you for your letter dated xx/xx/xx
I respectfully decline your offer of Full and final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My Request for Repayment letter dated xx/xx/xx indicates that you have until xx/xx/xx to respond before I proceed to the next stage of my request. My deadline remains the same.
If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.
hi has anyone claimed for more than 5000 and been paid..as i started of claiming for 7400 over the six years, the Abbey refunded me 1700 into my account as goodwill gusture but i have refused this. when it comes to fileing to the court should i file for 7400 less 1700 which i have already receved. also do i need to send a new letter to bank asking for 5700 help please
a bit of delay but about to fill in n1 form but slightley confused, i know what i have been charged are and the calculated intrest but on your template ist has charges -thats ok , overdraft intrest - is this were i put my total intrest , and intrest under s.69 county courts act -do i still add this ontop also i have had more charges since first letters can i add this without informing bank and lastley not that i think i will lose but i will be claiming for over 6000 if i did lose is there any idear what my costs whould be ..........
well here we go poss the last leg of the race i am taking my court forms in today to my local court.for those of you who don't know i was originally claiming for just 2 years which i had statements for then as i was about to file to court i received 6 years statements from the bank so i recalculated the figures and sent another final letter to the Abbey requesting the new amount giving them another 14 days to comply sent this letter recorded delivery but they have not sent any reply so of i go to court..does anyone know if i should by worried that i have not heard anything back from them thanks all..