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.
My first claim was for the last 4 years, as that was all I could retrieve from internet banking. I didn't think I was charged that much for the remainding 2, but I sent an SAR for them anyway.
To my surprise it adds up to £492.50, so another claim is underway.
Both the prelimary letter and the lba were sent, and I am due to start litigation now. However I have not had any replies to the two letters. This is because their final response was issued previously.
Now I know they've received them, but as they haven't replied, want to make sure I don't get caught out. The letters weren't recorded / special.
Am thinking of sending another LBA recorded with a 7 day deadline. That way I know its been received.
Have a feeling if I start now, they may say we haven't received any letters. More to the point, I can't prove they did.
Where did you send the letters to? I have a sneaky feeling that Customer Service Recovery at Andover are not accepting recorded delivery items at the moment - can't prove it - but did send lba on 24 January by recorded delivery and post office have said that they can't deliver it. Could be it has been lost but on the other hand . . .
I think this is what im going to do. im going to claim back until july 2002 which i have my statements for online. Once i have the rest of my data (not holding breath) I will put in a 2nd claim.
Not at all. Just make sure you don't sign anything saying you can't.
Another claimant has done the same as she has been settled before the defence on the second.
Very encouraging.
If you send the SAR around same time as prelim, you should have the info around same time as submitting the N1. Just add the extra charges before you file.
I sent them my prelimary letter and lba and received no reply from them (I didn't send them recorded).
So I sent a further LBA (recorded) for 7 days. I wrote along the lines of:
"It was my intention to start litigation against you today. However, I need to be sure you are ignoring me as apposed to not receiving my correspondence. For the purpose of this, this letter is sent recorded delivery."
My first claim was for the last 4 years, as that was all I could retrieve from internet banking. I didn't think I was charged that much for the remainding 2, but I sent an SAR for them anyway.
To my surprise it adds up to £492.50, so another claim is underway.
Both the prelimary letter and the lba were sent, and I am due to start litigation now. However I have not had any replies to the two letters. This is because their final response was issued previously.
Now I know they've received them, but as they haven't replied, want to make sure I don't get caught out. The letters weren't recorded / special.
Am thinking of sending another LBA recorded with a 7 day deadline. That way I know its been received.
Have a feeling if I start now, they may say we haven't received any letters. More to the point, I can't prove they did.
Any thoughts?
Hi 121,
i have started my second calim against Lloyds alos. Sent the prelim letter in December, and LBA letter in january. I didn't get a rsponse until a couple of weeks ago. the resposne quoted both letters, and simply stated the bank has already issued its final response, by which i assume they mean all of the get lost letters from the first claim.... so is ent them a letter based on the one gary h sent for his second claim...the one pointing out the obvious delaying tactics, wasting time of publicly funded justice system without ever actually intending to defend the claim...so cut to the chase and pay up now..... but no response yet. So when i get paid next week i will start the money claim.
Actions in progress Natw West on hold pending test case LLoyds claim 3 on hold pending test case,
Claims Settled LLOYDS TSB x 2 WON, MBNAWON, A&LWON, GE Money x 2 WON , c o-op visa WON, capital one visaWON, Halifax (o/h) WON, capquest, WON
You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.
SAR sent 18/12/06
Statements received 02/02/07
Preliminary Request sent 05/02/07
Standard ‘No’ letter received 15/02/07 lba sent 16.02.07
NO RESPONSE
Court Claim sent off 05/03/07
I had a letter yesterday, offering refund of £380, "goodwill gesture" of course. Checked my account this morning and its in there!!
Maybe when you have already taken them to court , they realise that forcing you down this route will not intimidate you or scare you off they pay up??? ...the again that to logical and common sense ha ha ha..
anyway, once again congratulations!!
Actions in progress Natw West on hold pending test case LLoyds claim 3 on hold pending test case,
Claims Settled LLOYDS TSB x 2 WON, MBNAWON, A&LWON, GE Money x 2 WON , c o-op visa WON, capital one visaWON, Halifax (o/h) WON, capquest, WON
I reckon within 3 months it will be about £12 per breach. Still expensive, but at least people won't see a large percentage of their wages go at the beginning of each month.
I reckon within 3 months it will be about £12 per breach. Still expensive, but at least people won't see a large percentage of their wages go at the beginning of each month.
yeah, i saw a piece in the press the other day...OFT report due out in about three weeks will state that the charges are unlawful and recommend the banks drop their charges to £5...it will be interesting to see the report and see how the banks react...
Actions in progress Natw West on hold pending test case LLoyds claim 3 on hold pending test case,
Claims Settled LLOYDS TSB x 2 WON, MBNAWON, A&LWON, GE Money x 2 WON , c o-op visa WON, capital one visaWON, Halifax (o/h) WON, capquest, WON
Amptill is just down the road from me, so nice to hear of a Home Win!
Did Lloyds file a defence on the first claim? if so which court were you going to for your hearing? I've just filed my AQ at Luton county court, and have used the draft order. Did you use this, and if so did the judge direct it?
Pondfish
LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007
lloydstsb filed their defence on the first claim, and they settled just after the District Judge (Mrs Wilding) ordered an allocation hearing (sometimes they do this to obtain more information before they allocate the case to a track).
On the second time round, LloydsTSB settled after my lba, so didn't need to start a claim.
The draft directions weren't available when I claimed, but I'd reccommend anyone to use that strategy. You have nothing to lose if the D.J. ignores them.