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.
Today is the last straw ... Charged £105 for three cheques unpaid (£7, £7 & £10) due to a D/D wrongly taken out.
But am I right in saying I can only claim back charges which are greater than the amount they have charged against ?
Today is the last straw ... Charged £105 for three cheques unpaid (£7, £7 & £10) due to a D/D wrongly taken out.
But am I right in saying I can only claim back charges which are greater than the amount they have charged against ?
ie: £7 cheque bounces and they charge me £35.
Many thanks, Colin
No, the amount of the transaction is irrelevant. £35 is unlawful whether it was for bouncing a cheque for 50p, or £50,000. It still only cost them a few pence to do it.
I would suggest before you do anything, have a good read of the FAQ's.
Alan, Derby, UK.
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Advice given is purely my opinion, and is not based on any legal training.
Well they certainly know how to wind you up the wrong way !!
Recived a letter today
"I can understand your frustration about the charges applied to your account.so we can fully investigate your claim for a refund i will provide you with a full response within the next 6 weeks"
Stick with it colink. I got a letter similar to this from coop when i was claiming back my charges but i just ignored it and continued with my planned dates of sending a letter before action etc. Do it by the book and i beleive you won't go far wrong!
Keep with it!! I got the "investigating your complaint" letter and asked for 10 days to get back to me. I wrote to them yesterday telling them it wasnt a complaint, but a request for the return of unlawful charges and gave them another 14 days, with court proceedings starting on or around the 23rd June. Keep in control with them and call the shots.
06th April 2006 Statements requested for last 6 yrs:
Bank of Scotland: Current account Breaching DPA
Royal Bank of Scotland: Style Breaching DPA
Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.
Coop: Crashed and burned into giving in Full and final offered 16 days after LBA
Hi again colink.
No i didn't add anything to my letters - I'm no legal expert and I didn't want to compromise my position (as the troops would say......!). I would not advise straying from the path that has been explained to us - we know that works and is all legally correct so why take the risk???
After I sent my letter before action I received (and ignored) two letters asking me for more time and information which I had already said in my original letter, and also telling me I might be telephoned. As it happens they did not call me, but if they had I would have politely declined to have a conversation. 14 days after my lba I filed the court claim online, and then received a letter telling me the Coop would defend the claim. This SCARED me a bit - but I stuck with it and carried on checking the progress of my online claim each day. Then, about 5 days later my account was credited with the full amount and all I had to do was ring the online court and tell them I'd been successful! Job done! If yours goes the same way as mine did you'll have the money in about 4 weeks I reckon..............
Good luck!
Paul
Hi Pauly, I'm at that stage also, I check my account each day as the investigation time is a stalling practice.
06th April 2006 Statements requested for last 6 yrs:
Bank of Scotland: Current account Breaching DPA
Royal Bank of Scotland: Style Breaching DPA
Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.
Coop: Crashed and burned into giving in Full and final offered 16 days after LBA
Im about to claim back charges
Reply With Quote
Originally Posted by colink
Keep in control with them and call the shots.
