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.
Sent 1st letter requesting details of all default charges on Feb 27th
Received standard letter on 8th March saying they will investigate.
On 20th March I received the bank statements, didnt have to pay £10.
Sent 2nd letter on 22nd March requesting settlement which came to £2932.50 otherwise i would take them to court and also ask for interest at 8% plus costs.
It is now the 27th March and I am waiting for a response.
Not sure what to expect, but I am guessing they will send me a standard letter with a silly offer around £1000 i would guess from looking at other threads, so lets wait and see.
They have 9 days left to respond, I have prepared the next letter giving them 7 days to settle otherwise i will start court proceedings.
So fingers crossed they agree to settle.
Watch this space and i will keep you all informed.
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
I got 9.9% interest (the APR on my account) - they didnt question this at any stage.
I was ready to accept s69 8% interest, but if they dont ask they dont get!
I know wonder, if I had made the calculations based on 20% interest or some random number, if they would ever have noticed
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
OK I MADE A BOO BOO AND ASKED A QUESTION ON SOMEONE ELSES THREAD, SO I HAVE RETURNED TO MINE, SORRY
NO IS THE ANSWER. I SENT THE FIRST ONE INCLUDING A LIST OF CHARGES AND ASKING FOR A REFUND, HOWEVER IT SAID YOU HAVE 14 DAYS OTHERWISE I WILL TAKE YOU TO COURT, SO WHEN THE DEADLINE IS UP NEXT WEEK, I SEND ANOTHER ONE GIVING 14 DAYS (OTHER SITES SAY 7 DAYS HENCE THE CONFUSION).
AFTER THAT, I THEN TAKE THEM TO COURT AND DO NOT GIVE THEM ANY MORE LETTERS OR ANY MORE TIME
HOPE THIS IS RIGHT, CAN SOMEONE JUST CONFIRM THIS.
Hi Caz, found ya,
sorry didnt mean to sound like i was having a go, but the MODS dont like you to merge threads
Right, your first letter was the request.
Next you send the lba.
You will prob receive the reply that they are sorry to hear .......and looking into it....but will take about 8 weeks blah blah blah.
this is std.
you will then get their offer of about 1/3 your claim which you accept but intend to recover the full amount.
have a read here
Ok thanks, sorry didnt mean to sound offish if i did, big appologies, i didnt mean to i am very grateful for any advise and i dont want to do anything wrong so thanks again
talk soon
i did read the step by step instructions, but i think that because i read the advise on the money expert and they said only give 7 days i have got confused, so now i will only read this site and do what it advises.
Less confusing then
Thanks
caroline
I have just had a phone call from a friend of mine, who was talking to a collegue at work. Their brother works for Barclays and he says that they are settling claims for under £500 almost in full immediately, under £1000 trying an offer then settling, but if for more they are waiting till court.
So there is no point in sending the lba, he says if you have sent a break down of your claim with a letter stating you have 14 days to settle or you will take them to court, then dont bother sending out another and it will be ignored in most instances, you may as well just go straight to the court and save yourselves two weeks.
if you miss out the lba stage then there may be grounds that the correct procedure was not followed and possibly be struck out for not allowing the defendant enough opportunity to settle.
We all know this would never happen but its a loophole that Barclays could use.
I think the problem is that i used template letters from Money Saving Expert and they seem to say different things to the ones you are all using.
My last letter read as follows
I WOULD LIKE TO REQUEST A REFUND OF ALL THE DEFAULT CHARGES THAT HAVE BEEN APPLIED TO MY ACCOUNT.
UNDER THE UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999, CHARGES MUST REFLECT ADMINISTRATION COSTS AND CANNOT BE PUNITIVE. I BELIEVE THAT THE FOLLOWING, RETURNED CHEQUE, UNPAID direct debit, UNPAID STANDING ORDER, UNAUTHORISED DAILY overdraft FEE, GUARENTEED CHEQUE CARD CHARGES ARE UNLAWFUL AS THEY DO NOT REFLECT THE TRUE COST OF GOING INTO AN UNAUTHORISED OVERDRAFT.
YOU HAVE TAKEN £2932.50 FROM ME, AND I WOULD LIKE TO REQUEST REPAYMENT OF THIS £2932.50 TOTAL SUM. I ALSO ASK YOU TO ENSURE ANY DEFAULT NOTICES ENTERED AGAINST MY CREDIT RECORD ARE REMOVED ENTIRELY.
PLEASE REPAY THIS MONEY IN FULL AND REMOVE ANY DEFAULT NOTICES WITHIN 14 DAYS. IF THIS IS NOT DONE, I WILL BEGIN A CLAIM AGAINST YOU FOR THE FULL AMOUNT PLUS INTERST AND MY COSTS
YOURS FAITHFULLY
BLA BLA BLA
IT IS THE LAST PARAGRAPH WHICH HAS LEAD ME INTO CONFUSION.
IF I STATE WHICH I HAVE, YOU HAVE 14 DAYS OR I WILL START A CLAIM AGAINST YOU, BUT THEN SEND ANOTHER LETTER GIVING A FURTHER 14 DAYS WILL THEY NOT THINK I AM WEAK AND LIKELY TO NOT STICK TO MY TIME LINES. OR IS IT A GOOD THING TO SEND ANOTHER LETTER
I WENT BACK ONTO THE MONEY SAVINGS EXPERT SITE AGAIN AND THEY SAY YOU CAN SEND ANOTHER LETTER GIVING ANOTHER 7 DAYS WITH A BREAK DOWN INCLUDING INTEREST. BUT IT IS NOT LIKELY TO MAKE A DIFFERENCE AND YOU CAN SKIP THE NEXT LETTER AND GO STRAIGHT TO COURT.
I KNOW I SHOULD STICK TO ONE SITE AND I HAD INTENDED TO STICK TO THE ADVISE ON HERE, BUT AS I STARTED WITH DIFFERENT LETTERS TO EVERYONE ELSE SHOULD I CONTINUE DOWN THAT ROAD, OR JUST SWITCH.
ANY ADVISE, I KNOW I AM REPEATING MYSELF BUT I DONT WANT TO MAKE A MESS OF THIS , IT MEANS SO MUCH TO ME AND MY CHILDREN TO GET THIS MONEY, IT IS SCARY. IT WILL CHANGE OUR LIVES.
Ok Me Again, I Know I Am Being A Real Pain, But I Have Just Been On Your Template Of Letters And Understand Where The Confusion Is. On Your SAR You State You Give Them 14 Days And If You Do Not Get A Responce Or Settlement You Will Send Them An lba Giving Them A Further 14 Days.
Mine Did Not Say That, So As It Did Not Say That I Feel Maybe I Should Do As I Stated And Go Straight To The Next Stage That I Stated I Would Take Which Is Court.
So Any Ideas How Is Start This Process And What I Will Need, The Time For Them To Settle Before I Start Court Is Up Next Thursday So I Want To Be Ready To Go.
Ok Me Again, I Know I Am Being A Real Pain, But I Have Just Been On Your Template Of Letters And Understand Where The Confusion Is. On Your SAR You State You Give Them 14 Days And If You Do Not Get A Responce Or Settlement You Will Send Them An lba Giving Them A Further 14 Days.
Mine Did Not Say That, So As It Did Not Say That I Feel Maybe I Should Do As I Stated And Go Straight To The Next Stage That I Stated I Would Take Which Is Court.
So Any Ideas How Is Start This Process And What I Will Need, The Time For Them To Settle Before I Start Court Is Up Next Thursday So I Want To Be Ready To Go.
Help Please Someone !!!!!!!!!!!!!!!!!1
Hi you mean the Prelim not the SAR, ok if you have only given them 7 days on your LBA you can always wait 14 days. You will have then given them the required time frame. Should they not reply start court action.
yes sorry i mean the prelim, i havnt sent a lba only a prelim, which gives them 14 days, unlike your template which gives them 14 days plus another 14 days, mine said only 14 days.
SO what you mean is give them an extra 14 days anyway as a matter of goodwill giving them more time (which i am sure they will need at the moment if the news is correct, and they are inundated)
Ok i will do that. Sorry for typing in caps it is a habbit, i will try to remember!!!!!!!!!!!!!!!! thanks
caz
Ok great, thanks for that, they have 6 days left of the prelim. i do not expect to hear anything so i will send out an lba next Thursday giving them anothe 14 days.
I know i wont hear anything and they wont settle, but this will give me the time needed to look into the court proceedure, so that i understand all i am suppose to do.
thank you so much for your advise.
I will tell all I know.
caz you are doing the right thing.stick to the instructions and stick to your timeframe and you can't go wrong.
i think if you try to take short cuts you could possibly jeapordise your claim.
it takes ages and i should know , it took me exactly six months , but you will get there in the end .
oh and try not to worry too much as i also know it is damned nerve wracking at times.
just think of the interest mounting up.
good luck.
Help i just went onto someone elses thread to see how they were getting on and they phoned the bank as they had only been offered a third of what they expected, and they were told that with the new ruling by the OFT that the charges were now £12 so they were sending the difference
I was not aware this was happening and does anyone know anymore, i have been trauling the news and internet and have been unable to find anything.
Anyone any ideas what is going on, are we all about to be throwing hundreds of pounds away on court costs.
there is no new ruling , only for credit cards .
but people are still claiming those back and winning.
just another scare tactic by the sound of things.
take it all the way and let the judge decide (you will win the banks dare not go to court)
sounds like someone talking about something they know nothing about, [at Barclays] possibly trying it on if the caller sounded a bit green.
The key to phoning is. have all the facts and figures, stay calm, and sound confident, know what you are going to say BEFORE thay answer..
as said there has been no ruling yet, so keep going,