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 am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years. In addition would also like an explanation as to why you broke the law by taking more than 40 days to issue my bank statements. I have not, on this occasion reported you to the information commissioner, however, I expect you to act more professionally and within reasonable timeframes from this moment forth.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then please demonstrate this by letting me have a full Breakdown of the costs to which you have been put to as a result of my breaches in order to reassure me that your penalties really do reflect your costs.
It has been confirmed that your particularly high level of penalties are considered to be unfair per se, by the OFT who reported on the 5th April 2006, and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.
Amount owed
I calculate that you have taken £1965 in levies.
Target dates re resolution
I hope that you will enter into a sincere dialogue with me about this matter - I am writing this letter on the assumption that this is preferable than mere standard response letters/leaflets.
I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively within this time period, I shall send you a letter, before any action, giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiration of the second deadline.
Why are you not reporting the lack of comlpiance with your DPA request to the IC? The more pressure we put on the banks to behave in a correct manner, the better.
In fairness to them (and I am fair!) there is a major problem with post in our area (which has been in the local press) and to be honest I actually don't think it's fault (the day I received their letter I received a Christmas card from my aunt!).
What is correct is that after the 40 days were up the statements arrived a day later. As it was one day and knowing that the post is crap and gave them grace. I will never know the truth of when they sent the statements as there was no covering letter. I feel however it is worth mentioning in my letter because I can only go by what happened, which WAS receiving them late.
What is correct is that after the 40 days were up the statements arrived a day later. As it was one day and knowing that the post is crap and gave them grace. I will never know the truth of when they sent the statements as there was no covering letter. I feel however it is worth mentioning in my letter because I can only go by what happened, which WAS receiving them late.
'I am sorry that you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you again by 12 June.
'I am sorry that you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you again by 12 June.
Blah Blah
Mike Brophy
I'm sticking to my timescale
My DH got exactly the same letter from Mike Brophy only difference is he will contact us by of 5th June, but the deadline of the lba is 26th May!! They'll be in court way before June - good luck.
Yesterday I received a reply from Barclays. Seems to be the standard reply offering me just under half of my claim amount as a 'Full and final settlement'.
Err, I don't think so Barclays.
Reply send to both customer services and to my local branch:
'I write in reference to your letter dated 19th May.
I confirm that I accept your offer of the sum of £950 as an interim payment against the full amount requested, but not as a full and final settlement. Please contact me so that I can confirm which account I would like this to be paid into and to confirm a date by which this payment will be made.
I now give you a further 14 days from the date of this letter to return the remaining £1015 (total amount £1965) and confirm what date payment will be made.
Failure to respond positively to my request, within this time frame, will leave me no alternative than to issue a claim. After that there will be no further communication from me.
I am sorry you remain unhappy with our response to your complaint and note that whilst you are accepting the amount offered, that is £950.00, you will be seeking the remaining balance in the county court.
I would like to take this opportunity to clarify the amount was in full 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 now be proceeding to the County Court for the full amount.
I appreciate this is not the response you have been hoping for, but I trust I have clarified the banks position.
Signed from - Joanna Carney.
OK - I need some advise here. I will wait until the full 14 days is up and file with Money claim. I am thinking that the best tact would be to file against my local branch of the woolwich, rather than the Barclays address these letter come from. Does anyone agree/disagree/have an view on this?
As Lloyds have now filed their defence a couple of days before I could have served a judgement and Smile aren't playing ball with my account, I'm going to have to hold fire with this claim, I just don't have £80 spare, and that is down to the banks
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Closey v Woolwich ***WON***
this week, also pointing out that they broke the law by taking 41 days to send my bank statements.
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Re: Closey vs Woolwich
Originally Posted by closey
Re: Closey vs Woolwich
