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've been a lurker on here for a while now, reading various cases with interest, and I must admit I feel a little intimidated about the chances of going to court, especially as the banks seem to be digging their heels in a bit more in recent months. However, my claim is quite small in comparison to others, so hopefully it won't go that far.
Question 1 - My six-year statements request arrived on Wednesday and I went through them and added up every CHG that I saw. Am I entitled to do this? Are there certain charges that cannot be reclaimed? The charges were usually failed direct debits, failed cheques and referral charges off the top of my head.
Question 2 - I worked out all the charges on my statements and it came to £591.37. I have not added any interest on to that, as interest confuses me big time. How much interest am I entitled to add on, if any?
Hi there The Pigeon, firstly you can claim what is seen as charges, and cant claim what is seen as a service, will send a link to you to check.
Wise to read up regarding the interest however as a quick pointer
To claim contractual interest you need to state this in both your prelim and lba, for this you will need to know the interest rate your bank charges you, authorised/unauthorised.
to claim judicial interest at 8% this does not get added on until court stage so you do not add this on at prelim or lba.
you can claim what interest the bank have taken from you when you have been O/D it is a complicated business calculating but there are spreadsheets for this.
Thank you for your letter dated 03 April 2007 regarding charges applied to your account.
We are currently considering your claim and will respond to you as soon as possible.
Yours sincerely,
Sandy Watt
I presume this is quite a generic reply? Happy though that the ball is now rolling and that they actually received my letter in the first place as I only sent it normal first class.
HI I got the same style letter today in reply to my lba. Quite a coincidence it was dated 5th April which was the 14th day after LBA sent ???
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
Hi everyone. Since I sent my preliminary claim on April 3, I have had about another £150 in charges. I'm due to send out my lba on Tuesday/Wednesday and I was wondering if I can include these new charges in an updated spreadsheet?
Also, interestingly, I spoke to my bank on Friday about my new charges and I asked the assistant if they'd be willing to refund me my new charges, as I'm already in the middle of a claim and have had contact with head office about them. He said, a little shakily, that the new charges couldn't be refunded and if I was successful with my current claim (before I received these new charges of £150) then I would be agreeing to the terms of the refund which meant that I couldn't get charges refunded ever again - if I tried to, my account would be closed. I said when my money returns to me, I will be accepting it without any terms thank you very much, and he just stuttered and said...well, well, that's something you'll have to agree with head office......
The Pigeon vs RBoS
03/04/07 - Prelim letter sent requesting £765
12/04/07 - Acknowledgement of letter - "We are considering your claim".
Hi everyone, not heard from bank since my previous post and not carried out lba threat yet. Left it a couple of weeks longer because I've been too busy with exams, but I'm now worried I've left it too late following the news about the TSB court victory
Advice please!
The Pigeon vs RBoS
03/04/07 - Prelim letter sent requesting £765
12/04/07 - Acknowledgement of letter - "We are considering your claim".
They have 8 weeks to reply with their say on the matter as per FSA, if your lba times are over it is your decision on what to do next, you havent run out of time by not acting the only thing i would say is that the bank may see you as unsure in your claim of what action to take, have a few days thinking about what suits you best if that is to await their response due to personal circumstances then thats fine, by that time your exams will be over so if the response isnt what you were wanting you could then start legal action.
My mum just called me at Uni, said some post has arrived back home from the RBS. They've made a settlement offer of £765.00 which was my original claim back on April 3rd. At the lba stage, my charges were £889.00 but I reckon that I'm gonna take the money and run. £765.00 is a lot to me and with the recent hoo-hah over TSB and their court case, I was concerned that I may never get a penny.
Thoughts anyone?
The Pigeon vs RBoS
03/04/07 - Prelim letter sent requesting £765
12/04/07 - Acknowledgement of letter - "We are considering your claim".
My thoughts are to phone them and ask them for the rest you have come this far and to be honest they dont want to go to court so phone them and ask them.
Congrats so far let me know how you get on.
My thoughts are to phone them and ask them for the rest you have come this far and to be honest they dont want to go to court so phone them and ask them.
Congrats so far let me know how you get on.
But what about the recent TSB case? I don't wanna risk losing the current offer.
The Pigeon vs RBoS
03/04/07 - Prelim letter sent requesting £765
12/04/07 - Acknowledgement of letter - "We are considering your claim".
Just called RBS Customer Relations as on my settlement letter, Mark Douthwaite wrote that I should call him to discuss the offer if necessary. So I did - he was unavailable so I spoke to a kind lady (should have got her name come to think of it) and she said that on the acceptance form that came with the letter, I should acknowledge the further charges since my preliminary claim and they will take those into account! Sounded very simple, very happy with that though.
So, the offer was £765 but I should be looking at getting £889 back
The Pigeon vs RBoS
03/04/07 - Prelim letter sent requesting £765
12/04/07 - Acknowledgement of letter - "We are considering your claim".
The Pigeon vs The RBoS - Started 19/1/07
, and I must admit I feel a little intimidated about the chances of going to court, especially as the banks seem to be digging their heels in a bit more in recent months. However, my claim is quite small in comparison to others, so hopefully it won't go that far.
Reply With Quote
No reply to prelim LBA posted rec del
Offered FULL SETTLEMENT £3375
Originally Posted by Bigmac versus
