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.
The Template will do. I've used it with my claim from BCard. BCard will however not honor their duties as they will now send you a letter saying that they will not be able to send them in time. If this happens to you, then tell them that it is not my problem. Send them within the deadline or i will have to ask a judge to order you to send them and you will in turn incurr more costs.
I am about to send off to Barclaycard for my statements but after reading all the posts on them not complying within 40 days i am beginning to wonder whether i should estimate my charges.
They will correct it if wrong as they wont pay out more than i have been charged.
I am going to have to estimate charges pre june 2004 as they have not sent them as yet.
I am right in saying i send the spreadsheet with the actual charges on it and put estimated charges total in another coloum?
Do i add anything to the lba letter to advise that some charges are estimated?
How do i stand with the CI, do i wait until they correct me with regard to charges or try and add now.
don't estimate charges - if it ever got to the stage where court papers are issued, you would have to explain & justify the amount you are claiming - and you wouldn't be able to. In fact Barclays may well come back to you & ask for an explanation as to how you calculated the charges.
Why can't you SAR them?
Sorry these threads been merged by mods so are a bit confusing.
I did a SAR request in the end and have received some statements, however they have failed to send me the additional statement dated pre 2004 which is where the majority of charges came from.
I noticed a lot of people have estimated these charges pre 2004 as it seems the norm for Barclays to do this.
Do i wait for the additional statements which they have advised will come up to 6 weeks from now or estimate the pre 2004 charges?
IMHO - I'd send them the DPA non-compliance letter - await response (if any!). THEN go ahead & estimate. It will add a lot more weight to your case if you are able to prove that you made every effort to get the info. to calculate your charges, but when all your attempts failed, you had no option but to estimate.
I have read on other threads where the pre-2004 statements have not been received how they have sent a prelim of what they know stating that they will increase the amount when they receive the microfische statements.
I am just coming to the end of my 40 days and am considering this action as at least it gets the ball rolling.
Some have argued against it though, as it may cost to change the amount if you have gone past MCOL stage, although you could estimate the missing statements then. If you need to change the amount later on, you could add the £35 charge from the court.
I'm still not sure what to do though, but its at least another option.
If at first you don't succeed, dig your heels in!!!!!!!!!!
First Direct - SAR 27/2/07 ; Statements received 30/3/07; Prelim sent 31/3/07
Barclaycard - SAR 27/2/07; Statements to '04 received
SAR Request, Please help
Bank by mistake and had no response so i thought it best if i posted in right forum.
Reply With Quote
, i just wondered if anyone had a copy of the template of the 
