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 have just received the data from the bank, and the last 2 statements (which i have not seen before) contain large numbers of bounced cheques - and some paid, seemingly in the face of all logic and at random.
The problem is, i almost never issue cheques, preferring to use either debit card or cash. i am fairly sure that these cheques are fraudulent. i have moved several times over the past year, and it is not impossible that the cheque book was lifted at some point on the way.
Anyway, i need to try and find out who issued the cheques, so i would like copies of them. i thought the best idea was to issue the claim for the period up to the end of the last statement before they start appearing, and say that the period following is subject to separate correspondence, then to claim on that part in a second claim. i'm also claiming return of the funds they paid out, as not being authorised by me. Presumably they will look into their records and dig out copies to back up their counterclaim that i issued the cheques.
Just my own opinion Tigs, but if it was me I think I'd be more concerned with sorting out the fraudulent use of my cheques first, and claim back my charges later on when that is settled. I just think it might be confusing trying to do the two things in tandem.
Whichever way you decide to go though, you should get in touch with A&L ASAP, telling them that there have been cheques cashed on your account recently that have not been issued by you.
I agree, as A&L seem to be still closing accounts of claimants you may find it very difficult to get them to co-operate after you have made your claim.
Thanks to both of you for this. Worth pointing out, though, that the account has already been closed by a&l, due to it being overdrawn by 3 times the overdraft limit (some 1,000 less than the charges over the past 6 years, though).
Tigs, it might be worth your while to visit the Citizens Advice Bureau about this one.
Tell them that A&L have closed your acount, but it's only in the last day or two that you've checked the statements that you got after sending your DPA request.
Say that on checking the statements you're unsure about some of the cheques that have been cashed. Tell them what you've told us about not issuing many cheques but mostly using debit card.
They should be able to offer you the best advice on how to make an enquiry with A&L, or maybe even make the query on your behalf if you are unsure yourself.
Might be worth checking your credit report too while you're at it, between the fraud and the charges, you should be in a good position to get any befaults removed.
my credit report was fairly reasonable until all this happened, and it has made it impossible for me to pay other bills, because all the money that was coming in was being eaten by the bank. so things just get worse... it took me months to get an alternative account sorted out, as well, which did not help at all.
can i ask for an amendment to the credit report when the claim has not yet been processed? i also have a credit card debt which has been growing because of all this (and shows up on the credit report), and i haven't even started thinking about pressing a claim with them yet
do you think i should do the credit card claim with MBNA at the same time as the alliance and leicester bank account claim? i originally thought it would be better to handle one at a time, less confusing.
Re the cheques, i am writing to ask for copies of all the cheques. What i will do when i get them (or if), since i believe the police are usually not interested, i have no idea. But it's a step in the right direction. I will go and see CAB when i have them, or in the event the copies are refused.
Since they closed the account, i think expecting cooperation is a longshot, so i'm also going to press ahead with the claim, as the longer i leave it, the less i can claim (since charges will drop off the top, and none are now being incurred).
my credit report was fairly reasonable until all this happened, and it has made it impossible for me to pay other bills, because all the money that was coming in was being eaten by the bank. so things just get worse... it took me months to get an alternative account sorted out, as well, which did not help at all.
can i ask for an amendment to the credit report when the claim has not yet been processed? i also have a credit card debt which has been growing because of all this (and shows up on the credit report), and i haven't even started thinking about pressing a claim with them yet
do you think i should do the credit card claim with MBNA at the same time as the alliance and leicester bank account claim? i originally thought it would be better to handle one at a time, less confusing.
Re the cheques, i am writing to ask for copies of all the cheques. What i will do when i get them (or if), since i believe the police are usually not interested, i have no idea. But it's a step in the right direction. I will go and see CAB when i have them, or in the event the copies are refused.
Since they closed the account, i think expecting cooperation is a longshot, so i'm also going to press ahead with the claim, as the longer i leave it, the less i can claim (since charges will drop off the top, and none are now being incurred).
OK, you seem to have the cheques thing in hand, but do contact CAB for help if needed.
Are you confident enough to take on both claims together? If you are in any way stressed at the moment by your financial problems you need to be sure that you feel strong enough to take the pressure that a claim would bring. Two claims is going to be double the pressure.
Finally, what amendment to your credit report do you require - is it a default?