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.
Anyway Phoned Openplan a few weeks ago, just out of interest and asked for a list of all chages on one of my accounts for the last six years, plus details of any manual intervention needed...
I was not charged, and received a 2 page list in less than a week... All nicely itemised and added up for me!!!
Total £2530 + interest, which I don't think I have worked out correctly..
So sent 1st letter Rec Del on 2nd May - Confirmed delivered online 3rd May - Got std Openplan letter back dated 3rd May.. Thankyou for taking the time etc...
Then got a letter dated 4th May telling me it had been passed to Barclays...
And finally one last week dated 8th May from Barclays (Mike Brophy again, busy guy!) saying "I am sorry you are unhappy with the charges bla, blah, blah one of my team will contact you as soon as possible"
To date no contact, so my question is, I now have to send lba, but on what date do I base my 14 days? The day Woolwich received it? (03/05) or the day Barclays got it (08/05)????
Stll at a loss working this out - I have a list of all the charges, and the dates, but not the account balances. Am I better not asking for interest at this stage, asking for a nominal amount or not mentioning it and then adding it at 8% at the next stage???
Sorry, but I have tried to explain for you, but you dont seem to have understood, please do some reasearch on here, type in interest or something into the search bar. If you are totally stuck PM me.
Update... Letter received today from Mike Brophy... The important bits......
"May I say how sorry I am to learn that you feel the bank chrges you have incurred are unfair..... I must inform you however, that we disagree with your view....... Despite my comments above in relation to your views, on this occasion, and without any admissions as to the basis of your complaint, I am willing to offer the sum of £800 towards the total amount you are seeking. This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill. If you would like to accept my offer, please sign and return the enclosed form and I will have the payment credited directly to your account......"
Yeah right - "unfair" - Illegal is the word....
So am I to return it saying I am happy to accept the £800 as an interim payment towards the total - but am still going ahead with issuing a court summons on Mon...... TBH today is the 14th day given in thew lba, but I just don't have the time today... Advice please....
Further to your letter of 01st June, received yesterday, I am happy to accept your offer of a payment of £800 as an INTERIM payment, whilst awaiting receipt of the difference between this and the original amount claimed in my letter of 28th April 2006 in which I requested repayment of £2530 plus interest. Therefore, I am happy to accept your offer of £800, subject to a further payment of £1730 plus interest on the full sum. I have amended your acceptance letter, and attach same. Please note that if this is not acceptable, I intend to issue a claim in the county court via Moneyclaim Online for the full amount plus interest @ 8% pa as allowed by law.
If you are receptive to my settlement offer, then please advise me via fax or email by 4pm on Mon 05th June. If I do not hear from you by this deadline I will file my claim online as advised.
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)
That letter you received from Mike Brophy with the offer of £800, I received word for word the exact same letter from Laurence White - Head of Customer Relations at Barclays.
Seems they can't even be bothered to read anyone's letters, they just spin out the same drivel to everyone even at the 'offer' stage. Absolutely disgusting and this is the 'service' they are so proud of telling everyone about.
Like you, I've accepted it as an interim payment, quoted the piece about the default notice and given them 7 days to respond.
Got a reply today, basically saying, i#we are not going to pay you the £800 as it was offered in Full and final settlement, and you have endorsed your acceptance to show otherwise. Therefore our offer is now withdrawn etc. etc...
So I am going to issue online - HOWEVER - one thing I am slightly worries about is, although I have received the full list of charges etc, it was not in response to sending the DPA request - I merely asked.. I have sent the 1st letter and the lba, but before I issue, should I do a DPA request for details of manual intervention, in order to further support my case??
Ok, well ion the absence of any advice to the contrary I think I am gonna do a DPA request, specifically the manual intervention bit, and when recived, go and issue my claim forthwith...
I think you would probably be ok without the manual intervention bit, but there is no gaurentee. I think it's your call on this.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. 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.
Decided to cover my back by sending a DPA specifically for the "manual intervention" bit... Will await reply and then issue claim.
Also, I have done a DPA for another account, to which the reply was an offer of £875.... Before they even complied with the DPA! Needless to say it's a non-starter..
Finally got a reply to the DPA today, plus my £10 cheque returned "as a gesture of goodwill" appears they left a few charges off, as without getting the calculator out, it looks more like £4k...... So I am gonna do a revised lba in respect of the new figures, quoting the original complaint reference and offer of compensation - Will give them 14 days and issue online...
Your Ref: ********, Court Case No. TBA
************** V Barclays Bank PLC (T/A Woolwich)
16th August 2006
Dear Mr Jeremiah,
Further to your recent offer of £875 in respect of the above, and my willingness to accept this as an interim payment, and the refusal by Joanna Carney in Customer Relations to agree to same,
I am writing to you today in the hope that we might be able to agree a settlement on the above, prior to my issuing a money claim online which will incur additional costs.
I have no doubt that you are a very busy man at the moment, what with the number of claims for return of penalties you are dealing with at present.
But, with reference to my claim, I have looked at copies of what appears to be your standard defence and it would appear to be the same as in all of the other cases that I am currently watching on 'the consumer action group' website. I believe that once you have been to court with one then the result will inevitably follow for all of the others where you have the same defence. (I am aware cases will be dealt with on an individual basis and no precedence can be set but we are all paying very close attention to each others’ cases.) I am therefore led to believe, that should I proceed with my claim in the courts, that your defence will be wholly similar to those mentioned.
I note that one Judge has even made a comment on one of the cases allocation questionnaire:
"It is difficult to see how the Defendant, absent any witness evidence, could show reasonableness of charges or details of its costs. Surely there will be a witness. This has a bearing on the time estimate for the case."
This gives me, and my fellow claimants, more confidence in our eventual settlement.
I have attached a spreadsheet which shows the current amount claimed including court fees and interest to date. I have also included a sum of £100.00 for the time taken to prepare my case for court proceedings should it come to that. This is a figure which I am sure the courts would allow following judgement in my favour.
I do hope that this matter can be resolved amicably and that we can both avoid the unpleasant but necessary appearance in court. But I would like to make it clear that I am fully prepared, with the assistance of the 'consumer action group's' support, to issue a claim online and pursue it all the way, if we are unable to resolve this matter now.
GSMGuy v Woolwich
and asked for a list of all chages on one of my accounts for the last six years, plus details of any manual intervention needed...
Reply With Quote
the winner takes it all 
I think I am gonna do a DPA request, specifically the manual intervention bit, and when recived, go and issue my claim forthwith...
