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 part way through the process of getting my charges refunded. Surprisingly, I received a letter on Saturday (14 days after mine was sent) saying they felt their charges were fair and transparent.
I asked them for £1960 back and they are making me an offer as a "goodwill gesture" for.............wait for it......£1960.
However I would rather take them to court to establish that their charges are unlawful (and get back £300 interest). Also I didnt like the tone of the letter which gave the impression that if I complained about future charges they might downgrade my account.
What do people think I should do? Take the money offered or start the process of filing my claim and get the interest back too.
IMHO they wont go to court
at what stage did you get to before this offer.
it looks to me like you hav'nt yet started court proceedings. so they are offering what you asked for.
as for there tone its just a standard template
this is my opinion but its your claim
when you file at court you are asking the judge to include s69 interest, unless you are claiming contractual interest, only the judge can award interest
luco
I havent started the process of filing a claim yet, just written and received a response. My question is should I settle for the full charges or file a claim and ask for the interest too?
from other threads ive been reading it seems that if theve offered what you are asking for, thats it accept it, because you can only add s69 at the court stage, IMO the judge would'nt be too happy if he knows they offered you all of your claim and you still went to court, cos you can bet your life nat west will tell him,
other people might be able to tell you different but i feel its a deal
Thanks Im having a read through. Looks like others have had a much more difficult "journey" than me, which probably explains why everyone is advising me to take the money!
Grove Green is a glamorous district of Maidstone in Kent
Although some other pundits have suggested claiming the 8% Statutory interest from the beginning, it is awarded at the discretion of the court (Section 69 of the County Courts Act).
It is not a problem to ask for it in the early stages, but if they offer the full amount of the charges you have claimed it would certainly seem prudent to accept the offer.
Proceeding to court on the basis that they did not pay you interest which only a court can award is likely to put you at risk of costs.
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Thanks, this is why I have been asking the question, so I can get sound advice before either rejecting or accepting the offer. Natwest seem to be deluged with refund letters at the moment and have obviously realised its easier just to settle from the start.
no probs i was in the same dilema a week ago, but as i had filed and after advice i declined the offer and was happy to bank a cheque for the full amount, costs and interest 7 days later
enjoy your dosh when you get it
Quick update - after unanimous advice on this site and Penalty Charges UK - Fighting your Corner for FREE I have decided to accept Natwest's "kind" offer of £1,960 (100%) and have today sent off the acceptance slip in pre-paid envelope. Hoping to get the money in the next few days.
I have £63 charges from last month that I also intend to get back. Might see if the branch will refund it first & if not, another letter will be on its way.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Quick update - after unanimous advice on this site and Penalty Charges UK - Fighting your Corner for FREE I have decided to accept Natwest's "kind" offer of £1,960 (100%) and have today sent off the acceptance slip in pre-paid envelope. Hoping to get the money in the next few days.
I have £63 charges from last month that I also intend to get back. Might see if the branch will refund it first & if not, another letter will be on its way.
Couldnt have been easier...
You should have added the £63 onto £1 960 and agreed to not to proceed to county court for £1023. I did it with HSBC and a week later they paid up in full. Also numerous claims will risk account closure or removal of overdrafts etc unless u dont really mind. Just a thought...
You're probably right, but its done now. Closing my account is probably the best thing they could ever do for me as it would force me to go somewhere else with better rates! Like Nationwide.
Interesting to see how long the money takes to come through..will keep you posted
Although some other pundits have suggested claiming the 8% Statutory interest from the beginning, it is awarded at the discretion of the court (Section 69 of the County Courts Act).
It is not a problem to ask for it in the early stages, but if they offer the full amount of the charges you have claimed it would certainly seem prudent to accept the offer.
Proceeding to court on the basis that they did not pay you interest which only a court can award is likely to put you at risk of costs.
Hi Jonni - sorry to jump the thread but i have got a letter from NW offering the full sum, less interest & costs. but i have spent £220 in costs getting them to get to the point of offering the charges back.
Reading St Luco's post it seems Natwest send a cheque including costs and interest when you decline i would be interested to hear what he wrote in the letter and if they just sent a cheque incl costs and interest or was there another discussion ongoing? And how near a court date was it (did he have a court date?). I declined Natwest's offer letter last week.
Dave v NatWest ***SETTLED IN FULL***
" for.............wait for it......£1960.
). Also I didnt like the tone of the letter which gave the impression that if I complained about future charges they might downgrade my account.
Reply With Quote
Originally Posted by DavefromGroveGreen
