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.
hi all my son stopped his benefits going into the RBS and they started putting all kind of charges on his account and now owes them £379 and we are getting phone calls evey day for him can we stop this and get his account clear as it is bank charges but he has not giving them any money
You have done the right thing to take his benefits out of the account. After sending the letter above, you can then start the process of claiming his charges back.
t4ff thanks for your qiuck reply got 3 calls again today do i go through the same process for the bank charges even though they havent got any money from him
its a long story try to cut it short probably me not explaining it right his benefits were going in to the RBS and he must have went £5 overdrawn and did not know and had already put his benefits into the a/l (another story) then because of the £5 and no money going into the rbs they started charging him for no money going in and overdrawn charges its now £379 and i have just found out about it got in touch with the Ombudsman and they have wrote a letter and i have to get back in touch in 8 weeks hope this all makes sense but im new to this thanks
Well effectively your son owes 379 of charges and you need to claim it back. Their may be previous charges that you can claim back to so first things first get his statements.
Same process whether his money goes into that account or not.
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got a letter this morning from the RBS formal demand £372.06 the balance of unapplied interest do i ignore this as i have been in touch with the Fo and to send claim form in 8 weeks from there first letter dated 28/3/07 that is how I didnt apply for statements as we know how much it is.
also got a card from legal and trade collections regarding bank charges from the A/L to get in touch do i ignore this, A/L replied to me after the letter from the FO wich was dated as above
You need to start the process as I've said above because once you have done this, the accounts are in dispute. If they are in dispute the banks are not allowed to pass the accounts onto debt collection Agencies until your dispute has been sorted. Unless you do this (and I don't think speaking to the FO will cover this), then you (your son) could find yourselves in all sorts of trouble with the DCAs. If you have already got your statements then send out a prelim letter requesting the charges back. It may even be worth sending them this letter seperately once the prelims are on their way.
thanks t4ff i will do that now to both of them I will keep you informed I am dreading this never had to handle anything like this before bit late in life to start
Hee Hee! Rest assured, we've all been there. I didn't like it first time round but have faith, the process is straightforward and you are entitled to your money back so don't panic!! Just read through the process and follow it properly and you will have your money back in no time.
If my post has been useful, tip my scales and let me know
hi t4ff got reply from A/L but none from the RBS Ive put the letter under A/L could you have a read and let me know what you think put it on last night nobody replied yet just started another fight with barclay card for my other son I will keep you informed
Hi received a letter from RBS saying they had received my complaint and they would look into it 30/4/07, as they have received my letter they also have the account in dispute letter, Received a letter on friday from RBS in telford, my letters have been going to RBS south gyle edinburgh. letter goes as follows. the amount now is £413.94Dr
We regret to learn that your borrowing is not being repaid in accordance with th agreed arrangements.As a result,your account has been referred to this department and now falls within our responsibility. All correspondance and telephone contact must be directed to this office.
You are now unable to operate on the above account and all credits passed to the account will be for the reduction of your borrowing.
Please arrange to contact this office immediately with your proposals for repayment of the above account.
it then goes on to say about the C.A.B.and C.C.C.S as well as other debt counselling organisations. the letter ends by stating ( this is where I need advice) failure to respond to this letter will leave the bank with no alternative than to commence legal action or instruct D.C.A. to recover the sums due. You will be liable for the costs of any legal action.
I phoned them to say that this account was in dispute but because it wasnt my son she just said it was in his best interest for him to phone her so does he phone or write to her or ignore it.
Thanks T4ff just been checking all mail that I have got the same letter 12th april then I got a post card from Legal & Trade industries telling my son to contact them. This is when I sent the account in dispute letter to both RBS and L&T industries. 23rd april from RBS letter we are currently considering your claim and will respond as soon as possible. this was a response from the fos letter 28th march. no response for the 2 letters I sent on behalf of my son. So I dont know if the account should be returned to the status on the 12th or the 30th, I have reason for not knowing what Im doing whats there excuse or is it just me being dumb.
T4FF do I write the original account in dispute letter took ages for me to find it again then remembered you had put it on post 10 had a look but did not think this looked right not very good with words was wondering if the is any other letter or this one will do.
could anyone else help here have to get the letter sent off
need help,with defence paperwork from cobbetts
Can someone help please!
Request information
1 in your claim you state: “the defendant debited numerous charges to the
claimant’s account”.
2 please provide the following particulars in support of your claim:
2.1 To what account(s) (giving details of the account name, number
and sort code) were the changes applied
2.2 in relation to each change please identify (a) the date when the charge was changed; (b) the amount of the same; and (c) the reason(s) given for the charging off the same.
2.3 in relation to each charge, please clarify the following: (a) is it the case of the claimant the same should not have been charged? (b)
if yes; please explain why the claimant contends that the same should not have been changed? (c) if no; is it the case of the claimant that the same should not have been changed in this amount? (d) if yes; please explain why the claimant contends that the same should have been charged in this amount and Identify the sum the claimant contends should have been charged . (e) if no; please state the claimant’s case.
3 In your claim you state that “the charges are an unlawful, extravagant penalty”.
4 Please provide the following particulars in support of your claim:
4.1 please specify the clause(s) pursuant to which the charges were applied;
4.2 please specify whether the changes applied were due to a breach of contract by the claimant;
4.3 please identify in each case the particular breach of contact (by reference to appropriate term(s) of the contact) that the charge related to.
5 in your claim you state that the changes are: “contrary to the unfair terms in consumer contracts regulations 1999”
6 please specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above , and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the regulations.
rae may **WON**
and they started putting all kind of charges on his account and now owes them £379 and we are getting phone calls
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Originally Posted by rae may
