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.
We had my girlfreinds statements going back 6 years and added up all the charges. These came to just under £3000. Sent a prelim letter. Waited for 2 weeks got a standard "these charges are fair" letter sent a lba. WIated 2 weeks and got a letter saying the were investigating. Sent a third letter saying as a gesture of goodwill will let them investigate as long as they could give me a date when they would have completed their investigations. I gave them 2 weeks to respond. I have now received an offer of approx £300 less than the charges we are claiming. Am I right I have 3 options:
1. Accept offer (Not planning on doing so)
2. Accept as part of full claim and tell them I am taking them to court.
3. Just take them to court.
Is there any advantage of either. Think of option 3 at mo.
Not really. 2 and 3 are pretty much the same, just an extra letter. In order to keep things formal and ensuring you have followed every step correctly, I would do number 2 so you can prove that you have rejected their offer. Don't send them a letter informing them you WILL take them to court - don't give them any more notice. File your claim ASAP, then send them a letter accepting it as part settlement and inform them you HAVE filed your claim.
If my post has been useful, tip my scales and let me know
I have sent a letter accepting their offer in par settlement and gave them 10 days to respond. The 10 days have now past and unsurprisingly no response. I am now about to go to the moneyclaim site to start proceeding's. My question is with regards to date the account was opened. How accurate does this need to be? It was 15 years ago so my girlfriend can't remember the month. will this matter?
If you can pin it down to the right month I think that should do. It' not really all that relevant to your case, but shows you have had an account for some time.
I Just put 'account opened around August 1989' because that's when I started my first Job that needed a bank account....
Thanks for that. When using the moneyclaim site against the RBS which address do I use? I put in the head office but as it is Scotland the site didn't like it. should I use the Telford address that is in the contacts section?
I would use the local branch address as this ties it to your local court. Alternatively use the litigation address in London.
ROYAL Bank of Scotland PLC RBS Litigation, 1 Princess Street, London, EC2R 8PB
The branch address is perfectly valid as it is, but if you use the Litigation address make sure you specify your local court as the location for the hearing (this is a box to fill on the MCOL form I believe)
Should I send a schedule of charges including interest to the bank (using the address on the court documents) as well as the court. I have sent 2 copies to the court.
Thanks,
Rich
Mmm...I'm not entirely sure about MCOL, but I think you possibly should have sent all 3 copies to the Court. They get bundled with the claim, sealed and sent out. 1 Copy each for you, the bank and Court.
I'm sure somebody more knowledgeable will be along to correct me if I'm wrong.
RBS acknowledged day on the 13th day. Cobbetts have submitted what from what I can see on the posts is the standard defence giving 14 days to repond. Do I wait for the court to send info or do I reply direct copying the court. I am having trouble finding posts that suggest what response should be ( Me prob being blind! ). Can someone suggest a response or point me at a post that could help? Not 100% fluent in legaleese.
Thanks.