Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Page 1 of 4
1 2 3 ... LastLast
Results 1 to 20 of 69
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default probs getting statements

    Hi

    I sent off the letter for the statements with cheque on 5 Feb and sent it rec delivery so I could check when it was signed for, it was signed for on 6 Feb. When the cheque had not been cashed I called the A & L and spoke to a guy who said yes they had received the cheque and they were processing the request. Still no statements and cheque still not cashed last week so rang again and this time a lady said that they only cash the cheque when they send the statements and they should be with me in a couple of days (Saturday or Monday this week) still no statements so I rang this morning and a really nice lady said there was no record of the cheque or the letter!! told her it had been signed for and what the guy had said and the lady last week... she said would email the dept and get back to me today. Well she didn't and so I rang again, this time the woman on the phone said they requested the statements today and it could take 40 working days. Can they do this. Has anyone else had this happen to them? If this bit is so hard - will it get harder? The amount I will be claiming is quite a bit, they have over the past six years sometimes made things very hard for me (and my family) with the charges eating away what money has gone in. All the stories are very encouraging and I spoke briefly to nice person on chat room she mentioned a letter template do you think I should send it now or maybe wait until the 40days are up from the 6 Feb. Sorry to go on..

    Thanks v much (if you got this far reading it!)

    Similar Threads:

  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Advoc8 Novitiate Advoc8 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    1,084

    Default Re: probs getting statements

    They are allowed 40 days from receipt so if you've evidence that the letter was signed for on 6th Feb go from that date. If you get nothing by the time the limit has expired send one of the letters from here.

    If in doubt read the FAQs

    If still in doubt - ask!

  3. #3
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
    Posts
    25,063

    Default Re: probs getting statements

    i would not of bothered phoning waste of time.
    send another letter, give 7 days before you start court action for SARicon failure. copy your original letter again, keep to your timetable.

    dx100uk

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  4. #4
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Advoc8 Novitiate Advoc8 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    Posts
    1,084

    Default Re: probs getting statements

    i would not of bothered phoning waste of time.
    I also say that a letter with proof of delivery focusses the bank's mind much more clearly than a phone callicon when it comes to proceedings for DPA non-compliance

    If in doubt read the FAQs

    If still in doubt - ask!

  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    Thanks all of you, will wait til the end of the week if nothing comes then will send a 7 day letter. No doubt I am going to need more help with this, its more complex then we thought so am reading up on it. Thanks again


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    Hi

    I finally got my statements today and I have done the spreadsheet and sent it recorded delivery - I have sent it to the head office in Leicester and to the customer service centre. Do you think I have done the right thing. I am v nervous about this as when I worked it out going back to August 2000 it was over £8000 including the 8% interesticon. But then I realised the 6 yearsicon back from today was March 2001 so its come down to £6579.76 with the interest. It has made me feel sick as I am just an ordinary mum with a part time job so there must be loads of people like me who have been stung for charges by A&L - if we got this back it would seem like a bit of justice but can't believe it will happen as its a lot of money.

    My friend has said send it an try to forget about it for the next 14 days

    This website is so helpful and I found a lot about other things I did not know.

    Thanks for this without it I would not of had the courage to go ahead.


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    younganfree Informative younganfree Informative younganfree Informative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    838

    Default Re: probs getting statements

    Hi, dizzykate.

    You are absolutely doing the right thing. £6 thousand is a shocking amount to have been deprived of, isn't it? Just think of the benefit your family will get from receiving that back in one swoop - financial stability for a while if you keep a fraction of it in the account to end the 'cycle of charges'! Sounds good to me.

    You did remember just to ask for the amount of the charges didn't you - no mention of the interesticon you will add on if it goes to court?

    You could have used the Bootle address as they will be the ones dealing with it, but this won't be a problem, Leicester will forward it on. The time to use the Leicester address is in the court application.

    I see your friend suggests you forget about it for the next 2 weeks. I doubt you'll have to wait that long before A&L write back saying they're not in the wrong and that only credit cards are the culprits. So you could always get your lbaicon printed off, ready to send on the 14th day!

    Keep up the good work, it'll be worth all the effort in the end.



  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    redgemini Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    68

    Default Re: probs getting statements

    Hi Kate - it is a shocking amount to have taken from you - I was annoyed when I worked mine out as nearly £2k (without interesticon!) I can't wait to get my money back & am just starting a claim for my partner as well!


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    Hi all

    Thanks for the supportive words, well the letter(s) were signed for at leicester and bootle so no going back now, well I could but I'm not its a bit of payback time for when you ring up and the cust serv advisors are rude or patronising and unhelpful. I was v shocked at the amount but my partner wasn't he remembers when his work was slow and I kept getting these letters from A & L. I used to think they would not increase my overdrafticon cos I was such a rubbish customer who could not organise my money but hey now I know I was pretty good for them on the charges side of things.

    Thanks again


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    Hiya

    Have had the first letter back saying that the charges are fair etc. Have sent the lbaicon recorded delivery and its been signed for. I am a bit confused about the amounts of money that can be claimed for - have read the faqs, can I claim for over £5000 then include the interesticon and court fees. Or does this have to go through the fast track? Has anyone claimed for more than £5000? Would appreciate some advise if possible, (so I can prepare as I just know that will have to claim through courts)

    Thanks

    Kate


  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    younganfree Informative younganfree Informative younganfree Informative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    838

    Default Re: probs getting statements

    Quote Originally Posted by dizzykate View Post
    Hiya

    Have had the first letter back saying that the charges are fair etc. Have sent the lbaicon recorded delivery and its been signed for. I am a bit confused about the amounts of money that can be claimed for - have read the faqs, can I claim for over £5000 then include the interesticon and court fees. Or does this have to go through the fast track? Has anyone claimed for more than £5000? Would appreciate some advise if possible, (so I can prepare as I just know that will have to claim through courts)

    Thanks

    Kate
    Last time I stuck my head above the parapet on this one Kate, I got shot at, big time; but your need for a reply is more important than my fear of being used for shooting practice, so here goes!

    There are two ways of looking at it:

    1. Claim the whole lot in one. Bad news - you'd have to pay costs if for any reason you lost; good news - the advocators of this route will say it's unlikely to happen.

    2. You split the claim, in effect claiming twice. You would claim for the 1st £5000 worth of bank charges, (total would not include the interest you apply for or the court fees you want back), then when that claim was settled, you'd start a 2nd claim for the last few.

    If it were my claim, (and I stress this is only my opinion), I'd go the 2nd route. This has been done successfully before. I am also very cautious by nature, so this is why I'd take this tack, as well as not wanting to risk being out of pocket by £750 costs if I lost the case.

    I should tell you that there is growing speculation that banks may soon begin asking the courts to throw out further claims as the claimants are being 'vexatious'. Those who follow this idea qoute what is happening in Scotland at the moment. However, as our Scottish counterparts can only claim £750 at a go they have to make a h*** of a lot more claims to get back £5000, so the two aren't really comparable. (But that's only IMO and not to say it won't happen; but I have read a thread where one bank tried it recently and the judge poo-pooed the idea, so safe-ish at the moment.)

    Don't let me persuade you one way or the other, Kate. Perhaps I shouldn't have said which way I'd go, but then my doing that leaves it open to anyone else who wishes to argue for the other route, so perhaps I won't indulge in guilt after all!

    I think I've laid out the facts for you, as fairly as is possible to do. As always, though, the final decision will be down to you, as it's your claim. You still have plenty of time to ponder on how you wish to proceed, and to ask for more advice if you wish to. GOOD LUCK.


  12. #12
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    thanks younganfree for the advise, I think that the 5000 1st claim with interesticon is the way I will go. In the end its money I thought had gone forever so I would not want to risk losing and having to pay their costs. Looking at other peoples stories etc A &L dont seem to have any sort of criteria they use with regard to amounts they do and dont pay out. Some of the smaller ones you would think they would just pay out really I'd love to be a fly on the wall there when they make decisions.

    Thanks again for the advise

    Kate


  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    younganfree Informative younganfree Informative younganfree Informative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    838

    Default Re: probs getting statements

    Bear in mind, Kate, that if the people who think further claims will be barred in future are correct, you will be losing that final £1000 of your claim.


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    hiya

    well the 14 days from the lbaicon is up today and Monday I emailed them via online banking as had not had any response to lba. the outline of the email was disappointed not to have had a response then I copied and pasted the letter that someone called Andy sent (did this cos it kept timing out online before I had finished), they sent a standard email back and what a surprise I got a letter dated yesterday saying they are looking into my concerns etc. Its quite a nice letter but it is signed by a csa so probably is a standard response and they enclosed a leaflet too! I have got the papers from the Court this am and as I gave them til 5pm today to either call or email me with a proposal I will submit the Court stuff tomorrow

    will keep thread updated as to any more progress


  15. #15
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2006
    I am in
    Laindon, Essex
    Posts
    3,936

    Default Re: probs getting statements

    personally id submit the claim on one lump and i would add in the pre six years charges too.

    If some way down the line you wish to drop the pre six year charges then you can do that because they will contest them anyway if they enter a defenceicon and you can then deicde whether to or not.

    I have claimed back charges from Abbeyicon from 1997, I know Bong had charges 13 years old and others have had similar success.

    HTH

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    hi glenn uk

    thanks for that I suppose if I am going for over 5,000 then I may as well I am going to read up on this sola as it looked as if it might complicate things. Thank you for that advise much appreciated

    Kate


  17. #17
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    ladybird17 Novitiate ladybird17 Novitiate ladybird17's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    wherever I hang my hat
    Posts
    1,733

    Default Re: probs getting statements

    dizzykate - I may be mis-reading or misunderstanding here,but you seem to be hell bent on giving them chance after chance to deal with your requests, and leaving more than enough time for them to comply. I don't think you should lose sight of the fact that this is YOUR claim, not theirs. You set the timeframes and abide by them. If they decide not to then that's their lookout.
    The methods used on this site are tried & tested and they work. phone callsicon are a complete waste of time. You MUST have a paper trail if you want to pursue them. E-mails only go to a centralised customer service section and they are not equipped to deal with the complexities and legalities of bank charge reclaims.
    Just MHO, but all the time you stall they will stall more.


  18. #18
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK Authoritative Glenn UK's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2006
    I am in
    Laindon, Essex
    Posts
    3,936

    Default Re: probs getting statements

    Quote Originally Posted by dizzykate View Post
    hi glenn uk

    thanks for that I suppose if I am going for over 5,000 then I may as well I am going to read up on this sola as it looked as if it might complicate things. Thank you for that advise much appreciated

    Kate
    Kate

    if youre going to look into SOL then perhpas i might suggest you look at Bongs claims, mine Glenn Vs Abbeyicon and ill see if i can remeber others with SOL in them , oh weilkins had a thread with this in too as i recall.

    Glenn

    Kick the shAbbey Habit

    Where were you? Next time please


    Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
    Abbey 2nd claim, two Accs - claim issued 30-03-07
    Barclaycard - Settled cheque received
    Egg 2 accounts ID sent 29/07
    Co-op Claim issued 30-03-07
    GE Capital (Store Cards) ICO says theyve been naughty
    MBNA - Settled in Full
    GE Capital (1st National) Settled
    Lombard Bank - SAR sent 16.02.07
    MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA

  19. #19
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dizzykate Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Preston
    Posts
    148

    Default Re: probs getting statements

    hi ladybird17

    I know it looks like I am being a bit wet, but am going to put the papers in the court tomorrow. Tonight going to read all the threads again and the faqs re court

    Thanks for the encouragement. I knew from the letter that it was just the contact centre standard response and just wanted to make sure that it was not something I should take any notice of.

    Thanks Glenn UK am going to look at the threads after tea.

    Ta v much

    Kate


  20. #20
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    ladybird17 Novitiate ladybird17 Novitiate ladybird17's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    wherever I hang my hat
    Posts
    1,733

    Default Re: probs getting statements

    hi dizzykate - well I didn't mean to imply you were wet!!
    I know it's only too easy though to think I'll just give them a call, or I'll just wait for tomorrow's post - been there, done it!

    I'm just very passionate (I can't think of a better word!) about this campaign. I think it's shameful the way financial institutions behave, and now that this "consumer revolution" seems to have taken off, I just don't want it to lose its momentum.

    So sorry if I appeared harsh - and I wish you best of luck - keep us posted!



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE