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.
This is my First time on this forum, and i would like to say thanks to all of you guys & gals for the info you have have posted , i have received back
a letter from the Abbey saying they can send me copys of statments for the past 14 months which they will do in the next 5 days but all other records are kept on microfish and this will be sent in from a seperate department.
Hi, they're allowed to do this as they've 40 days to send you the data. There's nothing that says it needs to be sent all in one go.
I'd start looking through what you've got and compiling a list of charges onto one of the spreadsheets found here.
You also should start your own thread in the Abbey forum here so others can track your progress and people with experience of dealing with Abbey can assist you.
HELLO PEEPS I have just recieved 12 months statement from the scabbey and have found a further 5 years in my files. The total is just over £6000 (with no interest added) for 6 years. As this is over the amount for small claims is it possible to claim for a couple of years at a time or do i have to put in one claim only? this is one account.
Strictly speaking you should claim for them all in one go. The court has the power to combine separate claims if it wishes.
The £5000 ceiling for small claims is flexible and you can argue on your allocation questionnaire that the case should be allocated to the small claims track (help is available if it comes to that).
Alternatively if allocated to the multi-track there is technically a risk of higher costs if you lose but (and it's a very big but) the disclosure rules that apply to bigger cases would force Abbey to reveal their exact costs, which they won't want to do so they are very likely to settle at an early date.
Ultimately it is of course your decision but I know which route I'd take.
If you are claiming the statutory 8% you do not mention this until the court claim. If you're claiming any other form of interest (say contractual) you need to mention it in your first letter. Contractual is less certain than statutory but would be worth more, another one of those decisions!
Hello, Sorry for delay i am claiming for bank charges on my current account I.E overdraft charges , overdraft interest charges and direct debit charges , i have added up the total up but do i add any interest on top.
Hello,
Could you help again i am getting confussed which template to use to send to the bank requesting payment for charges , could you suggest the best template.
Interest - are you wanting to claim contractual interest on this (e.g. interest at the rate they charge you for an overdraft) or statutory (the kind the court will allow). Contractual is worth more but is harder to work out and is more likely to be vigorously defended. Statutory is simpler to work out but worth less.