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.
It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:
Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
Write to the bank: thank them for settlement for THIS claim
Fill in the survey: BAG needs to know which banks are settling, and how much for
PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
Visit - and use - the donate button: your donation will help keep the site available for other people
Go and celebrate
(clearly, if you have not raised your claim at court, then you do not need to do the first and fourth tasks...)
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Do make sure that the bank really has settled and that you have everything you want, but it is in writing and you have the money. Unfortunately we have had some reports of people withdrawing their claims simply on a verbal promise from the bank which has then gone on to delay or complicate the settlement. In one case the bank agreed verbally to remove a default notice and then later on refused to do so.
Also if you have paid the fee for an allocation questionnaire then make sure you get this back as well. Make it clear to the bank exactly what your costs are and that it is a condition that they will all be received before you withdraw the action. You have to be hard about this and if you want you can explain to them that you do not trust them.
If the banks settlement letter says that the matter is confidential -- that you have not agreed to this then do not worry because you are not bound by any duty of confidentiality.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Can I advise MCOl online that Halifax have now settled in full or should I write?
HSBC
09th June 2006 - Data Protection Act Request
21st June 2006 - Acknowledgement from HSBC
30th June 2006 - 33 letters arrive - 6yrs statements
01st July 2006 - Preliminary request for £2868.24.
12th July 2006 - HSBC offered me £1995, I declined.
17th July 2006 - LBA sent, now £2970
01st August 2006 - MCOL for £3778 (inc 8% + fees)
08th August 2006 - HSBC defending ....
31st August 2006 - SETTLED IN FULL - Wooooooohoooooo. Halifax
09th June 2006- Data Protection Act Request
22nd June 2006 - Acknowledgement from Halifax
08th July 2006 6yrs statements arrive.
10th July 2006 - Preliminary request for £1393.08.
21st July 2006 - Halifax offered £115, I declined..
24th July 2006 - LBA sent, now £1421.
08th August 2006 - MCOL for £1822 (inc 8% and fees)
16th August 2006 - SETTLED IN FULL - woooohoooo
Hedgehogg - Did the bank settle before your court date? I am just trying to work out when I can expect to receive our money back. My lba was sent on 18thAugust 2006 and I have today had a final NO letter from my bank, I am now preparing to fill in the court papers.
Ray
22/06/2006 sent letter requesting statements to Lloyds TSB.
28/07/2006 statements arrived
01/08/2006 sent initial letter to claim charges of £2872.50
18/08/2006 sent LBA
01/09/2006 Lloyds formally reject my claim and will not enter into any more correspondence relating to my claim.
06/09/2006 N1 form delivered to Carlisle Court
14/10/2006 Allocation questionnaire sent to me after bank lodges a defence
31/10/2006 Allocation questions answered now awaiting a court date to be set
The bank paid up AFTER court proceedings started.. (MCOL filed and paid for)
I have notified them by email that the cases have been paid in full and they have replied acknowlaging this.
HSBC
09th June 2006 - Data Protection Act Request
21st June 2006 - Acknowledgement from HSBC
30th June 2006 - 33 letters arrive - 6yrs statements
01st July 2006 - Preliminary request for £2868.24.
12th July 2006 - HSBC offered me £1995, I declined.
17th July 2006 - LBA sent, now £2970
01st August 2006 - MCOL for £3778 (inc 8% + fees)
08th August 2006 - HSBC defending ....
31st August 2006 - SETTLED IN FULL - Wooooooohoooooo. Halifax
09th June 2006- Data Protection Act Request
22nd June 2006 - Acknowledgement from Halifax
08th July 2006 6yrs statements arrive.
10th July 2006 - Preliminary request for £1393.08.
21st July 2006 - Halifax offered £115, I declined..
24th July 2006 - LBA sent, now £1421.
08th August 2006 - MCOL for £1822 (inc 8% and fees)
16th August 2006 - SETTLED IN FULL - woooohoooo
Visit - and use - the donate button: your donation will help keep the site available for other people
This is not always easy... it took me nearly an hour....
The button on the main home page takes you to paypal with CAG details all entered... Great.....
The link at the top of the page that says 'donate' however just opens up paypal..with nothing filled in...doesn't tell you who to pay...
its only because I was stubborn that I found it, others would probably have given up long before that point..:o
HSBC
09th June 2006 - Data Protection Act Request
21st June 2006 - Acknowledgement from HSBC
30th June 2006 - 33 letters arrive - 6yrs statements
01st July 2006 - Preliminary request for £2868.24.
12th July 2006 - HSBC offered me £1995, I declined.
17th July 2006 - LBA sent, now £2970
01st August 2006 - MCOL for £3778 (inc 8% + fees)
08th August 2006 - HSBC defending ....
31st August 2006 - SETTLED IN FULL - Wooooooohoooooo. Halifax
09th June 2006- Data Protection Act Request
22nd June 2006 - Acknowledgement from Halifax
08th July 2006 6yrs statements arrive.
10th July 2006 - Preliminary request for £1393.08.
21st July 2006 - Halifax offered £115, I declined..
24th July 2006 - LBA sent, now £1421.
08th August 2006 - MCOL for £1822 (inc 8% and fees)
16th August 2006 - SETTLED IN FULL - woooohoooo
just heard from cap 1 re charges willing to refund but no cheque with letter does this come later?? this acct was closed+ paid 2 years ago, but 1 paragragh says £xxxx as been credited to your acct + the balance is now zero+ closed??? any ideas
Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
Write to the bank: thank them for settlement for THIS claim
are there any templates for these as I cannot find them??
many thanks
Damian
Halifax Bank Charges
Sent request for staments 14/06/06
Calculated that Halifax owed me £2111.00
Sent PREM 14/07/06
Sent LBA 01/08/06
Halifax offered £210 as full & final settlement
Sent FLBA 11/08/06
Filed claim at CLCC on 18/08/06
Claim served on 01/09/06 **SETTLED IN FULL 06/09/06**
do i really need to cancel my claim? i understand that
A. Nothing will happen on a claim unless you request it to. The court will not proceed with any further action against the defendant automatically without your request. Online Services
& do i really need to inform HSBC??? - they phoned me this morning to offer mer a new 'flexy' account () so i know that they know they they coughed up....
My Thread: HSBC Glee!!!!
18/07/06 - 1st letter delivered by hand : £2,363.00,
01/08/06 - 2nd letter delivered by hand,
15/08/06 - Money Claim Online submitted.... £2,980.47 inc. interest & court cost
21/08/06 - offer of £1998.87 received = too late suckas!!!
22/08/06 - MoneyClaimOnline 'Acknowledged'
06/09/06 - 1st Letter received off D&G solicitors
15/09/06 - full offer made
20/09/06 - full payment + £50 received = £3030.47
not sure if this is the best place to ask this, but Barclays and MBNA have both paid up without issuing a court claim - that now leaves me with Natwest, Egg and mint...plus i need to tackle barclaycard over the whole microfiche thing (but i'll follow the advice of others on here). For the other 3 banks i'm ready to issue a claim but will be out of the country for the whole of november - should i issue them now anyway, or wait until i get back? I don't want to process to screw up just because i'm not here to deal with letters etc.
any thoughts?
cheers
barclays Data Protection Act sent 28/4/06 - statements received 9/05/06 and cheque returned. Claim for £480 sent 20/05/06
barclaycard DPA sent 28/4/06 - statement received 13/05/06...with rubbish about microfiche files...further request sent 20/05/06
mbna DPA sent 28/04/06 - list of chargs receieved 19/05/06 and £10 fee returned. claim for £131 sent 20/05/06 PAID IN FULL 14 June!!
lloyds DPA (for OH) sent 2/05/06
NatWest DPA (for OH) sent 29/05/06
egg DPA sent secure email 2/05/06, immediate response, extra form to fill in, waiting for details..
Is there a template for replying to the bank to thank them for the refund?
Also, if they give you your refund but also give you terms like they'll charge you in future and if you break the contract again then they'll close your account and take away any right to have credit with them, what do you reply to that? Can they do that?
I am worried as I have got a refund for a few hundred pounds for a credit card but the balance is thousands so if they took it away I'd be well and truly screwed!
cheers
Current Progress
NatWest Bank - £1770 Settled in full 3/01/07 (missing AQ fee so will pursue this)
Natwest Mastercard - £100 Settled in Full 13/10/06
Mint - £184
Barclaycard - Statements before 2004 not supplied. Request sent with estimate of claim. Summary Cause Summons filed 12/12/06
Halifax Current Account - 'offer' of £260 received - rejection letter sent and pursuing full claim of £958. Summary Cause has been served on the defendant. Awaiting Defence. Date set for 7th February 2007
Halifax Visa - £369 Settled in Full
Virgin MBNA Credit Card - £286 Settled in full
Burton Storecard (GE Money) - £48 received in full.
It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:
Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
Write to the bank: thank them for settlement for THIS claim
Fill in the survey: BAG needs to know which banks are settling, and how much for
PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
Visit - and use - the donate button: your donation will help keep the site available for other people
Go and celebrate
(clearly, if you have not raised your claim at court, then you do not need to do the first and fourth tasks...)
Why would we need to thank the bank? its their fault we are all here isn’t it, or at least their unlawful behaviour!
Why would we need to thank the bank? its their fault we are all here isn’t it, or at least their unlawful behaviour!
Perhaps, but I personally believe it never hurts to be polite and considerate with everybody we have dealings with; regardless of their actions. If your case was handled professionally and politely by the various bank employees and solicitors involved as they carried out their duties, as governed by their employer's policies, then a short note thanking them for this, as well as confirming that you are satisfied with the result, cannot be bad.
Besides, them knowing that you are a happy customer now that they have done the right thing (in returning the charges not, of course, in taking them in the first place) can only help those whose claims are still outstanding.
Write to the bank: thank them for settlement for THIS claim
Note the "THIS" in the sentence. It serves as a notice that you have accepted settlement up to x date, and does not stop you from pursuing charges later levied. Should they later try to say that you had accepted Full and final, then you have a copy of that letter to say: er,... no, actually.
;-)
Apologies to people who I was in the process of helping, I may be gone some time.
[quote=abcdef;51340]It is important to consider what to do once you have had your money refunded by the bank. If you have raised your claim with the court, and the bank has settled, please do the following:
Write to the court: notify them that your claim has been settled, and that you now consider the claim closed
Write to the bank: thank them for settlement for THIS claim
Fill in the survey: BAG needs to know which banks are settling, and how much for
PM Dave/BF: let them know that your 'litigation in progress' is now 'litigation concluded'
Visit - and use - the donate button: your donation will help keep the site available for other people
Go and celebrate
Do I need to wait for the bank to write confirming the settlement before I do any of this or can I do it off the back of the money now being in my possession? Thanks
I've read in another thread, (posted and received no response) that the bank (Natwest) issued a cheque (lovely) but made the person in question pay it into a designated account (not so lovely). Are they in their legal rights to do such a thing, and if so, is there any way to reject this without the judge being slightly peeved?
Also, if defaulted, is there a way to formally request that it is removed prior to accepting their settlement offer? Do you just happen to pop in a clause in your response to their offer of refund that you will accept on the clear understanding that they will remove the default?
I've read in another thread, (posted and received no response) that the bank (Natwest) issued a cheque (lovely) but made the person in question pay it into a designated account (not so lovely). Are they in their legal rights to do such a thing, and if so, is there any way to reject this without the judge being slightly peeved?
Also, if defaulted, is there a way to formally request that it is removed prior to accepting their settlement offer? Do you just happen to pop in a clause in your response to their offer of refund that you will accept on the clear understanding that they will remove the default?
change in the Banking Code in October to help prevent fraud
Thanks Nattie for the response and I owe you an apology.
'Cause you decided to 'post and run' and didn't leave an explaination I wasn't entirely sure that you were responding to my post.
I have since read another posting by your good self, whereby you left this explaination... 'We were told of a change in the banking code which related to adding additional details onto the cheque ie account number, a an additional fraud prevention measure. So if a cheque is sent through the post and is intercepted that it could not be altered and cashed', ......
and all is now clear.
Thanks and i have pipped you
When You Get Your Refund
button: your donation
Reply With Quote
Originally Posted by abcdef
it took me nearly an hour....
Great.....
) so i know that they know they they coughed up....
Re: When You Get Your Refund
