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 decided to take the plunge and take Abbey on Head On.
Have been ripped off for the last 4 years with a numerous amount of charges, i have had enough.
I have today sent off via special delivery and with a £10 cheque with the letter for DPA Request for a list of all my charges from the opening of my account in 2002 to the present day.
I believe that the charges will be in excess of £5000.00
Abbey - Prelim sent 17th May £2560.00 + £191.44
LBA sent 1st June
Claim Filed 27th June 3349.90 Inc Interest + Costs
Court Papers Served 3rd July
Claim Acknowledged 10th July
50% Offered 27th July
Settled Out Of Court 1st August £3080.45
Capital One - S.A.R - (Subject Access Request) request 31st July
Firstly due to unforseen circumstances the first leter did not get sent until 10 days after i first posted.
Yesterday i received a batch of statements from Scabby.
These are from March 05 up to date.
They have sent no covering letters etc.
The charges for this period are almost £600.
But the worst of my bank charges were between sept 02 to march 05
(i estimate that i will have charges for approx £5k to 6k between these dates
So i am still waiting for these statements.
Obviously Scabby are still within the 40 day limit.
But i have a couple of questions
1) What do i do if
a) they do not send the rest of the statements
b) they advise that they dont need to or cant send the rest of the statements
If they dont respond, do i send the letter for a refund of charges on an estimation?
Its a standard response(what a load of cobblers!!!)
I will quote a couple of lines from it.
'I would like to advise you that under the Data Protection Act Request, you will only receive the transactions held on our system.These will be forwarded within 40 days free of charge( well i have received the statements from march 05 up to date).Any earlier transactions have been archived onto microfiche, which is not covered by the data protection act.These archived transactions will not therefore be supplied to you.........'
We can however supply details of the transactions held on microfiche for a £10 admin fee.
It is clear that your request that you requires the transactional information that it held on microfiche records.In order to avoid any additional delays, we will therefore use the £10 that you sent with your data protection act request, as payment for the microfiche records that you need.
You have also asked for details of any manual interventions that may have been made on your account.I a sorry that we are unable to help with this request.
I have confirmed that Abbey received my letter at 08:16 on 5th June 2006.
Should i send a letter thanking them for what i have received so far, but reminding them that the remaining statements need to be received by me by the 17/7/06
Just to let everyone know, that i now have microfiche statments from jan 2003 - jan 2005.
Now this is a major surprise (not !!!) after i sent them the non complience letter.
Hi Julian, looks like things are moving slowly forward for you, have you managed to get a more acurate figure? Or do you still have information missing?
Well the 14 days are up today.
At the end of last week i received a letter from Abbey offering me £444.00
This was in recpect of the time period Oct 05 -to present!!!!!!
They claim they they have not got info before then(what a laugh considering that they sent be all the bank statement since Jan 2003)
My next step is to put the claim in.
Should i do this via moneyclaim or go to court and file it???
Also should i respond to there letter and turn them down??
I would write to them and let them know you will accept the payment but only as part payment of the full amount claimed, you will continue with your claim for the remainder, you will find they will withdraw the offer!
I would do the N1 and submitt it at your local court, you may will have to go there shortly anyway so you may aswell get a feel for the place. I was really nervous about going but it did help me. Thats just my take on it though. Go with moneyclaim if you feel confident enough. I picked up loads of leaflets while at the court and they make good reading!
I have today sent to Abbey a special delivery letter stating thats for the GOGW payments, but that i am continuing with the N1 claim.
As i already have a new bank account and my wages are going into that new account , i have advised abbey that since i am still in my o/d i am willing to pay £30 a month to clear that off.
In the meantime, i have received a letter from another part of Abbey demanding that i send my card,checque book back or face them sending someone around(im so scared !!!!)
I rang them and explained the dispute that i am having with them.
They claim to have nothing on record regarding my claims(What a joke)
1)What do you put in the top box(ie In The ??)
2) What would you put in the 'brief details of the claim'
3)What do you put in the 'Value'( would it be the total claim excluding court costs etc?)
4)Do i put in the court claim that Abbey have paid me back £440 as a GOGW?
5) Can i claim for work time lost(I am a contractor and get paid by the hour?)
I have today received 'A Notice That Acknowledgment of Service has been filed'
Dated 11/5/07 It states that the defendant now has28 days from the date of service of the claim to file a defence
Am i right in saying that this is 28 working days from Abbey to respond??
I have received a 'Notice Of Transfer of Proceding' from Northampton to Bristol county court.
This states that the allocation questionaire is to be dispensed with.
I am going to contact the court today to confirm this.
the papers also state
'any party affected by this order may be under rule 3.3(5) apply to have it set aside,varied or stayed.Such a party must apply under rule 23.3 within 14 days of the service of this order'
Can someone tell me the next step.
Also 'withing 14 days of when???(date of letter from court is 8/6/07)
Julian Vs Abbey
on Head On.
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Re: Julian Vs Abbey
