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.
Been through the proces last year and woolwich settled in full, but then over the past 6 months they have nailed me for more charges to the tune of £795!!!
so sent the request letter,
sent the lba.........they offered 1/2 in settlement
Refused the offer.....the next day, they upper their offer by another £100 (still way short!) But at least they ar quicker to reply than in my previous claim!
Refused this offer today, pointed out that LBA date is 1 march, andi will file on this date if full settlement is not recieved.
heh heh...
It'll be a a piece of cake for you then
Have fun!
Woolwich (Barclays)
Prelim sent 05/09/06, various correspondance sent/recieved, LBA sent 09/10/06, Goodwill gesture of £xxx offered 21/10/06 (rejected!), MCOL filed 11/12/06, Defence & Court AQ recieved 11/01/07 returned 29/01/07.
30/01/07 Transferred to District Judge for directions. 05/04/07 Case Management Conference due at Southend County Court.
what letter did you send them to refuse the payment, i have posted one one my thread but waiting to see if ok before i rush to try and catch post, any advice would be appreciated.
Thank you for your letter dated 19/02/07 Ref # XXXXXXXXX.
I respectfully decline your offer as Full and final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My letter before action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this offer.
If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.
I trust this clarifies my position.
Yours faithfully
Then they upped their offer by £90 so i sent this one:
Response to settlement offer.
Dear Ms XXXXXX,
Thank you for your letter dated 22/02/07 Ref # XXXXXX.
I notice that you have increased your settlement offer from £300 to £390.
Perhaps I did not make myself clear in my previous 3 letters.
I require all unlawful charges to be returned to me, the amount totals £795.00.
I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.
My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action.
My deadline remains the same despite this second offer.
If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above.
For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.
I trust this finally clarifies my position.
Yours faithfully
I have not had any reply since the second refusal letter so filed MCOL today, it will be issued tomorrow, i expect i will have to wait till court date now before anything else happens
Thanks for letter blah blah blah, but after careful consideration they are unble to agree to my request.
the next line cracked me up
"Should you now wish to accept our offer, please sign and return the acceptance form enclosed. However, if you do no wish to accept this offer and you now intend to start legal proceedings it would appear are unable to reach an amicile resolution"
still pushing the offer..........should i wish to start legal proceedings..........
To late started yesterday, 13 days for them to respond, they now will have to cough up court costs plus interest.
Should i reply again to this latest letter to reject this offer and inform them of proceedings etc, or should i just wait as they will find out soon enough anyway????
I set up a new account last month, so dont use woolwich at all, yet they have paid out £225 to someone today, taking me over my overdraft limit!!!
Called to ask what it was, they cannot tell me until tomorrow!!!!!!!
I asked how it could possiblly go out at all, since there are no DD's, standing orders or cheqes on the account?????
The operator confirmed it as not a debit card transaction, (i knew this already, as the card is not used)
How can a bank just pay out funds without any authorization or evening being able to tell me where the money has gone?????
The woolwich done this time and time again to me and my hubby, i got an offer the other day of £580 and am claiming £1151. and my other half got an offer of £1000.00 and he is claiming £1640.00.
I would just write to them and say that unfortunatly your position has not changed and you have now filed with the courts giving them a ref no, and say that however if they want to agree to your terms you will accept and stop any further proceedings. Make sure you state that you are going to follow it through though.
They just think everyone will panic but i think anyone would go to court as this is such an unfair system and we are all entitled to the money back.
The woolwich acknowledged my claim today (on the 14 day dead line)
so it looks like they have another 14 days to enter a defence?
What happens next? will i now recieve a questionaire from the court? or will this not happen until an actual defence is entered, which i guess will be on deadline day again?
OK Totally cnfused now i need some advice on what happens next???
A defense was filled and got the pack in the post.
First page states that:
"It is ordered that the filling of an allocation questionaire be dispensed with in this case unless the district judge at he court of transfers orders otherwise"
Is this good or bad???????
then i got a letter that a pre trial review will take place at my local court 13 July, what is this???? and what do i need to bring etc etc?
Hi Gents & Ladies! this is my first post to the community! so hope its as good for you as it is for me! just recieved my full & final settlement offer from Barclays iro Woolwich to the tune of £1,437.00 in respect of my claim for £2,007.00. I must admit after reading some of the other offers you guys have recieved its not bad? im considering writing again to decline but really dont wont to goto court as i have many other debts which im fighting off. do you think it might go that far if i pursue it?
havent done very well with Lloyds, got the statements and thats about it!!
p.s. i was reading another thread about a gent who was in financial trouble and a reply directed him to DCA? I Searched in the Toolbar but to no avail can anyone tell me want this stands for & where i can find it?
You should start your own thread and that way you will get more specific answers to any queries you might have, and also means that other people in the forum can follow your progress with your quest to get your charges back!
I think the "DCA" that is referred to on this site is actually an abbreviation for debt collection Agency..certainly not somewhere you would wish to go for financial advice!
Han x
If Wishes Were Horses...
Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07
Hi YB! Don't count your chickens yet and certainly donn't inform court of settlement yet. My court date is this Friday and I still haven't had my money yet.
Hopefully it will arrive soon! I do hope you might be one of the lucky few who have had payment within a couple of days. If it does then CONGRATULATIONS!!!!!!