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.
Well after finding an artice on another forum about this website I decided to have a look - and like everyone else was probably very excited the more I read on!
I currenlty have paid fees to Barclays, Capital One, Sainsburys Loan, Burtons, Barclaycard and Abbey National. I sent the DPA off for Barclays and Capital One - Thought id start off with a couple of easy ones! Capital One is running in another thread.
Well this morning I was quite excited when I saw two large white envelopes on the door step! The letter inside stated
Dear Mr Rogue
You asked for copies of your statement
Here are the copies of the bank statements you asked for.
You'll notice that the copy is not an exact duplicate of your orignal statement. This is because we produce copies of bank statements in a slightly different way.
The copy may include details from past statements that have been sent to you. Where this happens we've insereted a dotted line. Above the dotted line you'll see the statement number and the date it was issued to you. The particular statement you requested will appear between two of these lines.
If you have any questions, give us a call on the telephone number shown on your bank statement
Thanks for banking with us
Yours Sincerely
For and behalf of centre manager
Also enclosed was a compliments slip with my £10 cheque returned!
So after reading through the statements, the total comes to £585.
Will be sending my first letter out today and see what happens from there!
Something interesting I noticed on the statements, was in the top corner it says
FICHE PERIOD 29FEB 00 to 22MAY 00 FRAME 183 FICHE 244 ACCOUNT FRAME 1
Dont know if this helps the argument with barclaycard at all - if barclays can take statements from fiche records and supply them under DPA , why cant barclaycard!
Letter received today from Jan Kandaswamy from Retail Banking Customer Relations at Leicester.
Appears to be the standard letter that is being sent out saying that they are looking into my concerns and will let me have an answer as soon as possible.
I have noticed that this section has been added to the letter.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Does this apply to the banks or only to the credit cards? I have tried to read through the forum in relation to this ruling, but am slightly confused!
Lovely letter received from Barclays this morning.
Dear Mr Rogue,
May I say how sorry I am to learn that you feel the bank charges you have incurred are unfair. In your correspondence you have referred to elements which you feel support your claim. Barclays is aware of the information you have drawn to our attention. I must inform you, however, that we disagree with your view.
When an account is opened with us, our customer isprovided with a copy of the terms and conditions relating to the use of their account; including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the terms and conditions , we provide details of these changes to our customers in line with the Banking Code. These can be obtained from our branches or online at our website.
Despite my comments above in relation to your views, on this occasion, and without any admissions as to the basis of your complaint, I am willing to offer the sum of £277.50 towards the total amount you are seeking. This is with cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill. If you would like to accept my offer please sign and return the enclosed form in the pre-paid envelope provided. I will then arrange for the payment to be credited to your account.
If you wish to discuss this matter further etc etc etc
Initial claim was for £580 and they are offering £277.50.
Im guessing this is the stage where I send a letter back accepting the £277.50, but not as Full and final settlement and state I will be claiming the rest back via the court. Is there a template for this letter at all?
I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amout offered, you will be seeking the remaining balance in the county court.
I would like to take this opportunity to clarify the amount offered was a gesture of goodwill in full and final settlement of your claim. I am therefore unwilling to adhere to your request to reimburse you with the amount offered, and it is with regret that you will noew be proceeding to the county court for the full maount.
I appreciate this is not the response you were hoping for but hope I have explained the Bank's position.
Yours Sincerly
Rose Frimet
Senior Case Manager
Now im guessing that this is the daunting stage where i have to issue court proceedings.
Problem being I am unable to do this until next friday as that is payday. As I wont be keeping to my schedule, will that throw a spanner in the works?
Your letter above is word for word the same as the one we got this morning (see my thread DH of Mumofthreeboys v the Woolwich).
My MCOL was issued 31st May so I wonder if they haven't noticed yet???
Good luck.
Hi, Just had a read of your thread. Feel a bit better now knowing that its just a standard letter they send out.
Was contemplating phoning Rose Frimet and explaining that I know they have paid out in other cases and it will save us both a lot of time if they paid up now.
Its quite frustrating being at this stage and not being able to commence proceedings until Friday!
if you use the spreadsheet provided in the library it is easy to work out the interest, just delete the charge type column, date of charge and the amount of charge column entries for the sample entries and enter your own. You will see that the number of days since the charge was added is calculated and the interest for the charge is shown. At the bottom you will see the totals
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
If you win, donate to this site
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
Well I got the more complcated spreadsheet and have worked out interest at 8% comes to £180.01.
So my total when going to court will be for £765.01 - Didnt realise the interest would add up so much!
I didnt fill in the second part of the spreadsheet where you put your balance in etc, looked too complicated, so will stick with the 8% interest. Can then use that the overal interest should be enough to cover any charges.
When I have to submit the spreadsheet, will it only matter that one half has been completed - the part in relation to the 8%? I would have preffered to have done it on the basic spreadshhet but dosent seem to work for me!
Claim amount (excluding Court fee and interest) x 0.00022 = Daily rate of interest
Issue proceedings against Head Office address.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Claim amount (excluding Court fee and interest) x 0.00022 = Daily rate of interest
Issue proceedings against Head Office address.
Hi, thanks for your reply. Wont be submitting claim until friday when I get paid, just want to make sure ive got it all ready!
Does this sound correct?
I have a contract with the defendant bank dated 2000 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last six years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
I have repeatedly asked the bank to justify their charges but they have declined to do so.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 2001 to 2006 of £ 180.01 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 13 pence.
Claimant has a contract with the Defendant since 2000 and which is conducted on their standard terms and conditions. Claimant is claiming the return of money taken by the Defendant in the way of charges over the last six years [DELETE: plus the interest they have levied on those charges.] The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
Claimant has repeatedly asked the Defendant to justify their charges but they have declined to do so.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from [exact date of first charge] to [date of making claim] of £ 180.01 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 13 pence.
Just my opinion.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Claimant has a contract with the Defendant since 2000 and which is conducted on their standard terms and conditions. Claimant is claiming the return of money taken by the Defendant in the way of charges over the last six years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
Claimant has repeatedly asked the Defendant to justify their charges but they have declined to do so.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28th August 2001 to 23rd July 2006 of £ 180.01 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 13 pence.
Im about 25 charecters over! Anything I can cut out?
Claimant has a contract with the Defendant since 2000 and which is conducted on their standard terms and conditions. Claimant is claiming the return of money taken by the Defendant in the way of charges over the last six years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined to justify their charges despite repeated requests.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/Aug/2001 to 23/Jul/2006 of £180.01 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.13.
Hope that fits
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Rogue Vs Barclays
, Capital One, Sainsburys Loan, Burtons, Barclaycard and Abbey
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Originally Posted by Mumofthreeboys
