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 received a reply offering to refund me the difference in the charges I claimed less the current £12 fee they currently charge. No offer of refund of any interest (I claimed interest at 8%). Should I accept this and then claim for the difference? Or should I refuse this offer? Any help on the word much appreciated.
This is my proposed response:
Thank you for your unsigned letter dated 16 March 2007.
I respectfully decline your offer of a partial settlement and request, once again, that you return to me all charges imposed on this account together with interest, totalling £[ ].
You have not provided a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Therefore, I believe that the regime of 'fees' which you have been applying to my account in relation to overlimit fees, late payment fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations. Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. The OFT did not give a recommended rate but stipulated that the charge should not exceed £12. They also stated in their report of April 5th, 2006 that they could not declare what was a fair or lawful charge, only the courts could decide on this.
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I wish to stress that I do not accept your offer as Full and final settlement and any money credited to my account should not be viewed as my acceptance. Consequently I require you to refund me a total of £[ ], representing the total, unlawful amount charged during the last 6 years of £[ ] together with interest at the statutory rate to date of £[ ]. I enclose a further copy of the schedule of the charges which I am claiming with this letter.
I look forward to receiving your response to this letter within 7 days. If I do not hear from you within 7 days then I shall have no alternative but to commence legal proceedings in the small claims court to reclaim the full amount as stated herein together with interest and costs without further redress to yourselves.
Marricdale v Barclaycard
(I claimed interest at 8%). Should I accept this and then claim for the difference? Or should I refuse this offer? Any help on the word much appreciated.
settlement and any money credited to my account should not be viewed as my acceptance. Consequently I require you to refund me a total of £[ ], representing the total, unlawful amount charged during the last 6 years
Reply With Quote