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.
Submitted my N1 form at county court Tuesday morning.
Claiming £5647
1st letter sent 21/02
response 02/03 sorry that you have been so unhappy blah blah blah
2nd letter sent 07/03
response 27/03
our research is taking longer than expected blah blah blah
3rd letter (7day lba) sent 27/03 goodwill payment as misc fee refund £440
response 01/04 full investigation carried out lump it or like it blah blah blah
as a gesture of goodwill happy to refund £448 to include cancellation of charges yet to be taken from your account.
4th letter without prejudice thanking for £440 but will issue further 7day LAB sent 02/04
filed n1 on 10th april.......deemed as served on 18th........defendant has until 2nd may
received notice that acknowledgement of service has been filed on 18th.....damm quick that!
my original claim was for £5587 which formed the basis of my 1st letter that i fired off to Abbey.
then the second letter i added the interest @ £1289 which brought my claim at £6876..........i then tried a different tact which was to reduce each charge by £2.50 which brought my claim down to £4942 and interest @ £1136 total £6078
then had to reduce claim by £440 as had a gogw paid into account which then maid that £4542 then interest @£1105 total £5647
so then on the 24th i fired off a letter as below
I refer to default charges applied to my account amounting £4542, which I have requested you pay back.
I wrote to you on 21/02/07], making the original request for a payment of £5587 in settlement of my claim. I’m a little disappointed that I have had to issue court proceedings seen that I could have claimed back the full amount of £5587 but no, I adjusted my claim reasoning that some form of charge should be applied due to costs ect ect.
My claim of £4542 still applies, interest is mounting daily and is currently £1141.09 and court costs so far is now £250.
You could reduce your further costs by settling my claim without prejudice for £5900.00
E.g. allocation questionnaire £100, preparing court bundle will add further costs of in the region of £200, stationary and postage £30 and rising
TOTAL SUM £6263.09
I look forward for a full response to this letter
Yours faithfully,
only today got letter from inga "should you wish to consider a more commercially palatble off, Shabbey will be more than willing to consider the same".........WHAT SHE ON ..........could have gone for the full whack an got me £5900 anyhow!.........so will hold out for nothin less than the full amount claimin.......question... .when i filed at court i submitted 3 copies of the n1 should i have received 1 back by now or is it when they defend the claim?
sorry mr moderator posted this in general forum by mistake
Thx
received the defence from Abbey on wednesday and courts said i would be sent the questionaire in due course, so my claim is for £5897.88 after i had deducted £2.50 from each charge and was also stated in my particulars of claim on the n1, and part of their defence goes like this
9. Further or in the alernative, even if the said fees are not proportionate to the defendant's administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.
so is there anyway i could use this against them in the questionaire form or would i have to attach a covering letter of some sort?
update
received a copy of Abbey's A/Q today they've requested a months stay and also a draft order for directions was attached
1. the claimant shall within 28 days of service of this order send to the defendant and the court.
a) a shedule setting out each charge repayment of which is sout, showing the date,amount and reason given (if any) for that charge being made.
b) copies of any statement of other document relied upon as showing that each charge has been made.
if the claimant fails to comply with this order, the claim will be struck out without further order.
2. the claim be allocated to the small claims track for the hearing not before 30 july 2007.
3. 14 days prior to the allocated hearing date, the claimant and the defendant shall file and serve;
a) copies of all documents (including expert's reports) on which he/it intends to rely at the hearing;
b) any witness statements must be included in the documents filed and served; and;
c) copies of decided cases and other legal materials to be relied upon.
so...........is it a case of just waiting for the court date with the judges order?
Before district judge******* sitting at sheffield county court
The court is aware that a test case has been issued in the high court between the office of fair trading (OFT) and certain banks.This is with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the unfair terms in consumer contracts regulations and other legislation to such charges.Further infomation in relation to the test case is available on the OFT's website at The Office of Fair Trading: making markets work well for consumers.
UPON it appearing that the issues raised in the test case may affect this claim.
IT IS ORDERED THAT;
1. The claim is stayed until further order with a view to awaiting the decision in the test case.
2. Either party may apply at any time to lift the stay, by application on notice, in accordance with part 23 of the civil procedure rules.
3. The small cliams hearing listed on 29 August 2007 at 12:30 be vacated.
so there you have it.............been bent over again!!!!!!!!!!
what timescale do i have to try an get this stay lifted an how much also do i have to also notify shabbey about my lifting of the stay?
emailed my MP and received a response by post today
dear mr *********
Thank you for your recent letter about the action of the financial services authority in taking the banks to court over the charges they have been levying for overdrafts to acertain whether these charges are legal. As i understand it the essence of your complaint is that while this court case is being followed through, which in reality could take up to two years, the banks can carry on charging customers, who are in their view wrongly charged and left without any means of redress. I do not necessarily believe that ultimately the action of the FSA will prejudice any right to pursue the matter to the european court of human rights though, in any case, given that human rights legislation is incorporated into british law, these matters are mostly determined within the british courts system.
Nevertheless i do understand the frustration and anger many people will feel at continuing to receive bank charges without the ability to challenge them. I am therefore going to write to the FSA about this issue and will get back to you when i have response from them.
below is a copy of the letter Mr Betts intend to send to the FSA
Dear Mr ****
I enclose a copy of an e-mail i have received from one of my constituents, Mr ******, expressing concerns about the implications of your decision to challenge in the courts the legality of bank charges for overdrafts. I principle i have no problem with your trying to resolve fundermental issues of legality in this way but as you will see from the email my constiuent raises the fact that in the meantime banks can contine to levy these charges yet those who are affected by them have no effective means of redress.
My understanding is that there is a specific acceptance by yourselves, the banks and the courts that individuals will not have a legal ability to challenge any charges while your test cases are being pursued. This, it seems to me, will put many bank customers in a very difficult position. They may be asked to pay charges which they cannot afford and if they ultimately have these charges overturned as a result of your court cases they will still have to find the money with ablilty to resist if the banks insist on them. I would have thought that while the ultimate legality of these charges is being tested there would have been some understanding between yourselves and the banks about how cases were handled in the meantime which did not simply give the banks open season to charge what they want and those been charged no effective right to object.
I look forward to your response on what i think is a very important matter and one which will effect many thousands of bank customers, including my constituents.
einyuk vs Shabbey........Here Goes
Tuesday morning.
as misc fee refund £440
Reply With Quote
..........could have gone for the full whack an got me £5900 anyhow!.........so will hold out for nothin less than the full amount claimin.......question... .when i filed at court i submitted 3 copies of the n1 should i have received 1 back by now or is it when they defend the claim?
best go with the 1st to be sure.
