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.
My MoneyClaim against A&L, which was issued on expiry of my 'notice before action' on 2nd May, was acknowledged by Jackie McGuirk (solicitor) on 4th May; she is intending "to defend all of this claim":-
I have a contract with the Defendant dated 14_01_05 which is conducted on their standard terms and conditions. I am claiming the return of 5 failed direct debit (£170) 2 Failed Item (£68] 1 £25 Paid Item and 1 £25 Unauthorised overdraft charges applied to account xxxxxxxx as they 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. Although repeatedly declining to justify the charges, the Defendant has refunded £136. The remaining £152 charges and Court costs are claimed with interest under section 69 of the County Courts Act 1984 from 5_07_05 to 30_04_06 @ 8% APR of £5.13
Will post update as and when there are any developments.
Everything seems to be proceeding normally. I would expect them to settle when the time comes to fill in the Allocation Questionaire, which will be coming to you from the court in due course.
good luck
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Letter [with cheque] from Jackie McGuirk Solicitor Litigation Team:
"We have received from Northampton county court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim.
This decision should not be regarded as an admission of liability on the part of the Company, nor should it be regarded as any sign of weakness on our part as we consider the charges to be fair and reasonable.
We therefore now enclose our cheque in the sum of £187.13 which is paid in Full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled.
As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation."
Thanks to everyone for advice and kind assistance.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
A&L intend to defend my MoneyClaim
. I am claiming the return of 5 failed direct debit
Reply With Quote
A&L Settle the Claim in Full
Woo-hoo! Congratulations to you! 
