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.
"As a business we are entitled to set charges to cover additional work........
You accepted these terms when you opened your account. These charges are not hidden and are notified in in the guide to banking charges leaflet we produce .....
I am unable to agree with your request to refund the charges ...............
The last para. says "if you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.
This is just a standard reply just continue with the process as outlined in the FAQs. You will need to start your own thread to enable you and others to track the process.
Good luck!!
MOD NOTE: Firstly, you will find that you are more likely to get a response by posting to your own thread. I have now moved your post, and set up your own thread. Please post any further questions to this thread.
This is a standard tactic. Assuming that you have been following the process as outlined in the FAQ's, just continiue to the next stage.
Alan, Derby, UK.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Now I may have to attend my local county court. Received a copy of the banks defence and also an Allocation questionnaire I have to complete and send back.
Has anyone already been through this process and can advise me on how to complete it. Thanks muchly
Claim has been transferred to my local county court.
Received a copy of the banks defence and also an Allocation questionnaire I have to complete and send back.
Has anyone already been through this process and can advise me on next step?
MOD NOTE: Threads merged - please stick to one thread.
Unfortunately, Lloyds seem to enjoy forcing people to go as far as this step - and often well beyond it. There are numerous cases throughout this forum where people have had to return the Allocation Questionnaire.
Allocation Questionnaires - A guide to completion contains all you really need to know about filling the aq out. In every case so far, Lloyds have offered a full settlement (usually with some conditions attached, which you don't necessarily have to agree to) before the claimant had to actually enter the court.
It'll be worth your while reading other people's threads in this forum - particularly the longer ones with 'Claim Settled' in the title, as it will give you a much better idea of the process that people have had to follow.
Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Anyone know about defaults put on credit record?
I was recently told by a mortgage Advisor that there is a default on my credit history in May 2000 (!), but he couldn't tell who was the perpetrator of this? I have asked Lloyds Bank if they have any information, and sent for my credit report from Experian, which I've received. But can someone tell me how I can locate it on that please, as it may give me a clue as to who to approach to get it removed. Although is it true that after 6 years defaults are ineffective?
Re: Anyone know about defaults put on credit record?
You can get a copy of your credit file to see what information is held about you, including Defaults and CCJs.
There are now 3 main credit reference agencies called, Experian, Equifax and Callcredit plc. You should check information held by all these agencies as some information may be different.
These are the contact details for the three agencies:
Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham NG80 7WF
Tel: 0870 241 6212 Credit Reports: Get your Credit Report from Experian UK
(you can order your credit file on the internet or by telephone).
Equifax plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Tel: 0870 010 0583 Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax
(you can order your credit file on the internet).
Callcredit plc
Consumer Services Team
PO Box 491
Leeds
LS1 5XX
Tel: 0870 060 1414 www.callcredit.plc.uk
(you can order your credit file on the internet).
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Does anyone on this forum work for Experian or similar?
I've already sent for it from Experian but when I looked at it can't find a default showing (?) I've wrote to Experian today and asked them to look into any default in May 2000.
Re: Anyone know about defaults put on credit record?
You need to check with all 3
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Thought credit agencies all had the same information, obviously not. It's a bit of a money making racket when you have to pay for your reports £12.50 for Equifax and £8.95 for the other. Now I know why I plumped for Experian at £2. W send for the Equifax, etc., and see what I can find. Like my dad says, there's nothing free in this life.
Re: Anyone know about defaults put on credit record?
They should be £2 for each one - send a £2 cheque or postal order to the other two.
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.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Lloyds Allocation Questionnaire has a witness in their defence?
Currently up to deadline in county court (19th July) received Lloyds copy allocation questionnaire yesterday.
1) They've ticked the box to have 1 month postponement, but on mine I didn't want a postponement, so does the Court give the right to the bank to have a months negotiations (aka as delaying tactics.)
2) They've also ticked the box to state they have a witness (?) what's that all about then? Surrely I have the right to know who that witness would be?
Anyone had a similar experience please pm me. Thanks v. much
Mod note: Threads merged, please stick to one thread only for your claim. Thanks.
It's all designed to frighten and intimidate. It is difficult to give you an exact assessment as you have not given very much information about your claim, but many banks wait to see in the Claimant files the aq before moving to a settlement - especally if it is over £1500 and a fee is needed.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Hi
My aq deadline is the 19th as well, I've took mine into court this morning. I received the same AQ from Lloyds TSB as you also, with the witness and the extra time thing. Is it Sechiari, Clark and Mitchell the Solicitors?
I will keep an eye on your thread, as we have identical deadlines at the moment.
Re: Same date, solicitor, 1 witness, and extra time.
Originally Posted by BARTY
Hi
My aq deadline is the 19th as well, I've took mine into court this morning. I received the same AQ from Lloyds TSB as you also, with the witness and the extra time thing. Is it Sechiari, Clark and Mitchell the Solicitors?
I will keep an eye on your thread, as we have identical deadlines at the moment.
Well, well what a coincidence ... the plot thickens. I'm sending a copy of my AQ to Lloyds solicitors first class tomorrow (recorded delivery as usual) I sent it into Court a week ago. Just sending a covering letter asking them to acknowledge receipt.
Wouldn't it be good if we both received our money back at the same time ha ha.
Allocation Questionnaires into Court by 19th July 2006. Lloyds sent theirs in 3 days before deadline.
received 1 letter from them asking for a copy of my aq.
I've rang Court and the case is with the Judge to decide on - should hear something within 28 days. Will keep you posted.
Note: After reading the Defence from Lloyds very thoroughly they've ticked that they are not available to attend Court for 24th, 25th July and the whole of August so I won't hear anything till September 2006.
Claiming these bank charges has taught me even more so that patience is definitely a virtue.
Update: Received 'Notice of Allocation to the Small Claims Track (Hearing) from Court giving me a Court hearing date on 1st November, and asking me to send copy documents to the Court and defendants no later than 22 September 2006. Original documents to be taken to Court on date of hearing.
I also have to include a schedule of how the amount claimed has been calculated and identify the basis for each charge (!). Could do with some help from the forum.
I've read different threads but can't find one specifically showing how you identify the basis for each charge. All I have is copy statements showing charges taken which I've put a pencil mark against and totted up to make a final total. I haven't included account charges of £7 per month, just overdraft interest charged and the unfair charges of £30 I've paid over 6 years. Many thanks for your help, could do with some guidance, thanks.