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.
It's entirely up to you about 1 claim or 2... Really depends on how much you are claiming... If both add up to less than £5000 then you may as well put in one claim. If combined they total over £5k then it makes a nice breaker to keep it within the small claims limit.
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As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Thanks for that! Have decided to go with one claim as they come to just over £1,000. Not much but enough to pay off both my overdrafts and close both the accounts - something I've wanted to do for ages!!!
obtain all your statements for both accounts via the normal process..
The single £10 DPA disclosure fee covers all information held with a single institution (i.e both accounts).
Calculate your charges as per the FAQS and sned the prelim referencing both account numbers... you may find it helpful to enclose a summary sheet displaying the charges relating to each acccount so the bank understands exactly which fees and charges relate to which account and thus how you obtained your totaal..
but that is not necessary, like the flake in a 99, nice, but not absolutely necessary. Then just sit back and await their first response.
Make sure you are aware of the timeframes involved and the relevant procedures/processes that you may be undertaking.
"BA Group. The World's favourite CA Group"
HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.
BARCLAYS settled in full 2 days prior to submission of defence by Barclays
CAP ONE settled in full on day 14 of LBA (£210)
Send it to the address where you received your last letter from.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Unfortunately a little bit late going out (due to computer problems) but the letter before action has now been sent.
Its been really good reading about people who have got full claims back and there seem to be more of them coming through now. Good luck everyone who is having a go and I'll no doubt be back on soon to update you!!
Hi all, received a letter yesterday - from what I've read on here it sounds fairly standard. Sorry you're not happy, we provided you with T&C and tell you how much our charges are, £250 offer for goodwill and referring me to financial Ombudsman service if not happy with proposal.
This is a quarter of what I am claiming. I will send out a thanks but no thanks letter and full amount required before my timescale or else I will begin a claim as per my letter (the lba). Is the following wording ok?
I acknowledge your letter of 27 June and the goodwill offer of £250 therein. As this is only one-quarter of the amount I have requested back from you I will not be accepting it as Full and final settlement of the claim.
I refer you to my letter of 20 June and would note that the 14 day time limit runs out on 4 July. If I do not hear from you by this date with a settlement offer of the full £1,065 then I shall proceed to file a claim as I have stated.
Quite nervous that I will actually end up in court but I'm prepared to go for it - like everyone says - IT'S MY MONEY!!!
Hi everyone - got another update! I got a letter today from the court to say that Barclays have filed their defence and that the claim has been transferred to my local court, also enclosing an allocation questionnaire (to be filed by 27/08).
I will be going into templates to find out how to fill in the aq.
One thing that bugged me about their defence is that they are picking on the fact that I didn't include in my particulars a list of the precise charges and I forgot to put in my two account numbers - They have had this information on previous occassions.
I really am getting quite scared now that I will end up in court although I have yet to hear of anyone on here that has ended up doing so.
Please can I have some reassurance that everything is going in a fairly standard way and you doubt I will end up at court? Cheers
Have some reassurance. You don't need to be scared - the law is actually on your side !
Your'e doing fine. Although they know exactly how much and when they have charged you, you should send back to Barclays and the Court a schedule of charges from the spreadsheet you used to calculate what they owe you.
Barclays are just doing their best to put you off and delay things as much a possible.
Hi, just sending back my aq and had a question if anyone can help:
Should i mention anywhere that i am pregnant and the baby is due 19 sept? i realise that the court date wont come up around then but wonder if i should say anything anyway.
I have a couple of issues and not sure what to do:
I wrote to Barclays asking if they would settle by the end of the month instead of going to court. I had no reply so I telephoned yesterday and spoke to Alex Martin. He said he would get my file out and send a letter to me. The letter arrived this morning saying that the fee is part of tariff and I get a copy etc etc. But then this para:
"Our records show that you wrote to us in June to request a refund of previous charges on your account. This matter was dealt with by our Head Office Customer Relations team and an offer was made to you on 27 June. As you declined this offer, the case was closed." Also, it is sayin g that head office have advised that the original offer is still available and I can call them on ...
I am totally gobsmacked. The original offer was for £250 which is less than a quarter of what I was asking for.
Is there any likelihood I will get a settlement now? Or should I just leave it and act like I'm going to court?
The other thing is I got a letter from court today saying that the court has made this order of its own initiative and that I have to serve particulars of the accounts, the amounts and in each instance why the amounts should not have been charged. and to do so by 18 December (still not had a court date through although I will ring and find out)
I am a bit bothered about that last bit or is this a standard thing?
Any help anyone could give me would be much appreciated as soon as you can.
You have to carry on and give the court the info it wants. I think this means the court bundle especially with copies of your statements showing the penalty charges and the spreadsheet adding them up.
It is very rare for anyone to negotiate successfully with Barclays.
Barclays will make you a proper offer but only when you have a date for the court hearing
Spotty
Statement request 4th May
Prelim Letter sent 24th May
LBA 7th June
Thanks but no thanks letter sent 22 June
MCOL 22nd June
Claim acknowledged 26 June
AQ sent 2nd August
17 Nov Court Date Set for 29 Jan 2007
Settled in full 12/12/06
Just received a court date of 27 Feb BUT also a pre-trial review on thurs (18th) - what is this do i have to attend? Has anyone else had one?? Any help greatly appreciated.
I received a telephone call today from Anthony Lombardi who offered me a settlement. After a few discussions, I signed and faxed back a letter to them agreeing. So I needn't have spent the last few days panicking about the pre trial review tomorrow!!
Am going to ring the court up today to tell them there is a possible settlement on the table but I will not be stopping action until the money is in my account.
They really do leave it to the last minute though don't they!
And another thing!! He said it would be 2-3 days for the money to show in my account to which I replied that I wouldn't like to stop all action until I saw the money and surprise surprise it went in today!!
KarenB Vs Barclays***WON***
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Statement request 4th May
Has anyone else had one?? Any help greatly appreciated.
