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 getting panicky. I don't have a large amount to claim back only £75.57. I have sent out the preliminary letter and the letter before action and have received the typical standard letter with leaflets enclosed "what to do if one has a complaint" and the letter states that they will reply in 28 days. My 14 days are up with the LBA. What do I do next. Do I stop as it is so little. I don't want to.
Please read the FAQ's section before beginning, as you will have a lot to read and take on board first. If you then have any questions which you need answering, please feel free to post again after this.
We are here to help, but ultimately, its your claim and your responsibility!
I have been successful with A&L, it doesn't matter how big or small the claim is the principle is the same so I'm sure you wouldn't have any problems getting it back.
As far as the wording for your claim is concerned, I just used the example wording in the templates section and altered it a bit for what I needed:
The claimant has had an account with the Defendant since July 2005. During this period, the Defendant has debited numerous charges to the account in respect of purported breaches of contract on the part of the Claimant.
The Claimant contends that these charges are punitive in nature and that the contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contracts Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and the common law.
In remedy the Claimant seeks:
a) the return of the amounts debited in respect of charges since 26/09/05 in the sum of $437.00;
b) court costs;
c) The Claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 26/09/05 to 21/04/06 of $8.38 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.12%
Letter before action
and have received the typical standard letter with leaflets enclosed "what to do if one has a complaint" and the letter states that they will reply in 28 days. My 14 days are up with the LBA. What do I do next. Do I stop as it is so little. I don't want to.
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