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.
I started out by sending the standard letter to my bank in April 2006 only to get the expected reply of 'no'. So I researched how to proceed by court, bought the pearl book etc but could not afford the fees. So I sent my complaint to the Financial Ombudsman Service in March 2007, they took it up with my bank by asking them a lot of questions about the charges. The bank have now agreed to refund all I asked for as an alternative to the formal investigation by the Financial Ombudsman. The complaint form can be downloaded from www.financial-ombudsman.org.uk where there is a great deal of useful information.
yes there is I have used this service however after 6 weeks i got sick of waiting.
I wanted a more direct approach I am waiting to here from a claim i made at the start of the month and i am expecting to be able to make judgment by default on the 28th
this is a direct quote from the HM website regarding small claims court fees
QUOTE
The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:
you or your partner receive Income Support;
you or your partner receive Pension Credit guarantee credit;
you receive Income-based Job Seeker’s Allowance;
your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;
If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.
For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form EX160A - Court Fees - do I have to pay them? This is also available from any county court office, or from our website www.hmcourts-service.gov.uk. You will have to make a separate application for each fee that is payable.
If you are in a position to persue your claim through the courts, then I suggest contacting the court manager and explaining your situation, adding some info as to how the banks are using the court system to prevent/discourage people from claiming. Its my experience that the courts have no love for the banks and their tactics, and ou may find that your court fees will be waived. At the end of the day, you have nothing to lose by asking.
Use the Financial Ombudsman Service
book etc but could not afford the fees. So I sent my complaint to the Financial Ombudsman Service in March 2007, they took it up with my bank by asking them a lot of questions about the charges. The bank have now agreed to refund all I asked for as an alternative to the formal investigation by the Financial Ombudsman. The complaint form can be downloaded from www.financial-ombudsman.org.uk where there is a great deal of useful information.
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