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.
Basically, I added up my charges for direct debit Unpaid - the most 'unfair' charges - and had £2,618 across two accounts. I sent Letter Before Actions as originally publicised on the Govan Law whatsit site in March, but waited the 40 days for processing and responses.
I received an offer of £333 with a form for "Full and final Settlement" (which I believe is illegal), so called. The offer increased to £915.
I have rejected that offer, but I am wondering if I should request the "all charges" information under the DPA and start over, or simply proceed with the Court action - which I will have to file as several claims, due to the £750 limit - unless anyone has other advice on this (should I, for example, file in Berwick, which is in England - as I am right on the Scottish Border).
Have many people completed dealing with BOS yet, and with what results? Also, I have been working within the six year statute of limitations - which I am wondering about with Scottish Law.
£915 for £2,618 charges is simply not acceptable.
Looking back, I have £748 and £480 for 2004/5 and 2005/6, and £810 prior to 2004, with £600 on the other account all prior to 2004, so I am wondering if I should merely go for the 2004-6 charges back.
Sent a letter to the bank offering to settle for 2004-2006 and post 2001 on the accounts respectively. This was turned down, in that refusing their 12.7% + 25% offers has no further process.
So, court it is. I'm not accepting £915 for £2,600 worth of charges.
Now: my first contact was with the Govan Law Centre's letter before action. IMO, that means they have been adequately informed court action is about to proceed. Should I write again and let them know, or just file now?
Also, I'm wondering about going for the other charges. Everyone else is. I thought the Bank might have some negotiation technique, but clearly not, so I see no reason to do myself out of further money!
Two stages, I expect.
Anyway; anything I have missed? Just grab templates and file? Can I file four actions at once?
Last week I decided that I was too tired and £915 was appealing enough, so I called to accept. Unfortunately, they weren't able to accept over the phone and insisted on sending me the offer with the usual form.
I was merely going to alter the form to omit "Full and final Settlement", however, it also arrived outside of the deadline I gave them. In that time, I also downloaded the spreadsheet for calculating interest and charges, and have now added "unauthorised overdraft" charges - some of which I noticed I got £20 charges several times in a week!
What they had also done, was pre-format the acceptance to pay into an account I currently owe /them/ £5,000 on (the one on which many of these charges were accrued); it is actually my intention to pay most of that off, but on my terms having been offered an early settlement figure for it.
So: here is my letter in response, going to Leeds, and accompanied by my filling out the small claims forms (I might try the Summary Cause route to break it into two claims and a small small claims amount - assuming they don't settle in full). Anything inherently wrong with this?
Also - is it perhaps feasible, since all correspondance is coming from Leeds, to use an English court? It is, after all, closer to them!
"Re: Letter from Damian Robertshaw, dated 23/05/2006
Unfortunately following my telephone conversation with Helen Rawnsley, it was made apparent that you were unable to quickly action the partial refund offered without requiring me to sign a document which is essentially illegal, technically attempting to prevent me from claiming back further refunds for penalties which are illegal and in breach of the Consumer Credit Act of 1999, and additionally preformatted to pay the refund into an account which is no longer active. My deadline for a response from the Bank has also passed.
I have had the opportunity to more thoroughly study my accounts, and have found that since May 2001 – within the five year statute of limitations commonly advised - £3,231 has been charged in penalties. I attach a spreadsheet detailing these charges.
I am quite happy to receive the offered amount of £915 paid either by cheque or directly into account number XXXXXXXX, sort code XX-XX-XX, however I am not prepared to accept this as full and final settlement and intend to pursue the matter further to ensure that I recover all monies legally owed to me.
Since I have already issued the required Letter Before Action for these charges detailing the period covered, I will be proceeding with court action to claim the £2,618 already requested, and consider this to be suitable notification as regards the remaining £613, for which action will begin 14 days from the date of this letter unless a full refund is paid."
Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.
Next - Capital One
Good on you going for full amount. I know how you're feeling though, banks are useless at this. I'm sure they don't even read half the letters as some of the responses I've had have been nonsense.
Would be so much easier just to give us the money!!!!!!!!!!!!
Halifax: £478 (+ interest & cost) reimbursed
Halifax Visa: £370 - 1/2 back so far
Bank of Scotland: £802 (+ interest & costs) court ordered to pay (BoS failed to respond)
(H)BoS progress and partial results?
Unpaid - the most 'unfair' charges - and had £2,618 across two accounts. I sent Letter Before Actions as originally publicised on the Govan Law whatsit site in March, but waited the 40 days for processing and responses.
Settlement" (which I believe is illegal), so called. The offer increased to £915.
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