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 have just received a letter back from Alliance and Leicester saying "sorry blah blah, our charges are reasonable. We cannot accept that you have been unfairly charged and am unable to agree to your request for a refund on this occasion". I have been away quite a lot and unable to respond to them, the letter is dated 28th December, I wrote my letter asking for my fees back on 19th December. I know that I should be sending the next letter which is the letter before action, but I am worried that if it comes to it and I have to go to court, I will be working away and might miss a court date and lose out on my claim. Also I am very worried about getting the paperwork correct if I do have to go to court. Do you know if anyone has had to go to court? As a matter of interest I have worked out that they owe me at least £1100.
How likely are you to be away? Is it definite that you will be? Will you just be away once or does it happen on a regular basis? Do you know the times you will be away?
When you have given yourself the answer to these questions you can then take into account the following:
1. Do you wish to proceed with your claim at this time, or is it too inconvenient due to working commitments? Maybe you can take it up at some time in the future when it is more convenient.
2. What have you to lose by sending your lba now - it will take you one step closer to proceeding with your claim when you are in a position to attend court if needed.
3. Is there a reason why you feel you would have to go to court? Has your claim been out of the ordinary or have you followed the correct procedure so far? Because as far as I can see, the consensus at the moment is that, as long as there is not a problem with the claim itself, A&L pay up before it gets into court - the banks have proved consistently that they don't want to do this.
Thanks for your help Youngandfree. I am away quite a lot and usually have to go at short notice. I have decided to send the LBA anyway and I will ask someone to look out for my mail for me, so that I can act as soon as I get a reply from the Alliance and Leicester (or not as the case may be). I was just a bit worried that if the letters did not follow on straight away that I would lose the momentum. If I do have to go to court then I will worry about that one if it happens.
I have just posted another thread about the letter before action, I don't understand about the amount charged in overdraft interest. Where does that amount come from?
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.
Muchas Gracias
Thanks for your help Youngandfree. I am away quite a lot and usually have to go at short notice. I have decided to send the LBA anyway and I will ask someone to look out for my mail for me, so that I can act as soon as I get a reply from the Alliance and Leicester (or not as the case may be). I was just a bit worried that if the letters did not follow on straight away that I would lose the momentum. If I do have to go to court then I will worry about that one if it happens.
I have just posted another thread about the letter before action, I don't understand about the amount charged in overdraft interest. Where does that amount come from?
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.
Muchas Gracias
Hi, this is the interest the bank charges you, sometimes its listed as "interest charged while overdrawn"