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.
S.A.R - (Subject access request) sent 14/12/06
They called the Mrs (this is Mrs bobsp v Barclaycard) saying they will send something out by 01/02/07
Nothing recieved so sent lba 05/02/07.
As we have no idea what the charges for Barclaycard are what do I do after LBA expires. MCOL for what though?
I apologise if this is on the forum, i have been reading sooo much over the last few weeks my little brain if frying, I am watching around 10 other cases and trying to keep up.
how can you have sent an lba if you dont know the charges?
Did you estimate them from some statements you had?
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Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
The lba is to force them to comply with the S.A.R - (Subject access request) as they have not sent anything out. Should I have gone another route? How cab I get them to send the statements out?
possibly my misinterpretation - did you send a "claim" lba out or an "SAR non-compliance" LBA out?
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
OK, letter sent asking for £431 on 26/02/07, on 01/03/07 they just credited £143. I called B/Card to see what the CR was for, and I was told that it was the difference between what I was charged and the £12, that they should have charged, there will be no further credits.
I am sending a letter declining the CR, or that I will take as part payment, but if they dont pay the full amount, and I file MCOL, how much do I claim, and how does the interest side work?
What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.
Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck
If my advice has been helpful tip the scales
West brom SETTLED
Halifax current SETTLED IN FULL
halifax curent (2nd) stayed. Visa - SETTLED
2nd visa LBA sent
halifax for the 3rd time. LBA sent
Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice
Sainsbury's - Awaiting court date
Co-op cc SETTLED IN FULL 2nd claim. Settled in full
National Westminster Settled in full. 2nd claim. N1 submitted
HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL
I have heard more and more banks are trying to refund the difference of what people have been charged and this £12 "As recommended by the OFT". I cant find anywhere that says the OFT recommend £12. Is there any kind of template or referral that can be sent back with the, partial payment/refusal letter that quashes these banks claims.
What interest did you state on your prelim? You have to state contractual from the first, if you are happy to go down that way. If like me, you want to ease yourself in gently, claim 8% when you get to court stage. Vamp's spreadsheets do this for you if that is what you are using.
Do lots of reading while you are waiting. We were all new once and there is plently of help out there but you will feel more confident if you have a feel for the next stages in advance. Good luck
i agree with sallysas. just follow the tried and trusted method. after all CAG wouldnt be here a year later otherwise. dont try and fix what aint broken