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.
First post, been reading online since December... fantastic site !
issued LBA for £3161 ! on 18th April via secure email on A&L site
got this response 19th April...
"The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts.
Discussions are ongoing between the banks and the OFT regarding current accounts and once the outcome is known, Alliance & Leicester will review its position as appropriate."
sent this back via secure email 20th ...
"I am unhappy with your response, and respectfully request, once again, that you return to me all charges imposed on this account, totalling £3161
My letter before action dated 18/04/07 indicates that you have until 02/05/07 to respond before I commence legal action. My deadline remains the same."
got this the same day back ...
"I have taken the opportunity to consider the points you have raised and whilst I fully appreciate your comments, the situation remains that the charges were raised correctly in accordance with our charging tariff.
I appreciate this situation may be the cause of disappointment and I am sorry I can offer no further assistance with regards to this matter."
MCOL on 2nd May as you've now got a definate NO from them. Plus they're talking bo**ocks as I'm sure you're aware. They have twisted what the OFT stated to their own ends to try and put you off. Penalties charges (rather than a charge which would cover their costs) are unlawful and well they know it.
thanks Rory, there is no problem with me doing lba by email is there ?
Of course i am keeping copies of there responses, Prelim was send by post with no reply - as if i expect one! , but the secure email seems to get a quick response.
Just not sure if i needed to reply to there statements, you have put me at ease, thanks
Just got back from the court after filing my claim for £3161 + statutory interest , was up late last night making sure it was right, what's the next step ?
I had letters and telephone calls offering less than the amount of the actual MCOL claim £3000 odd £4300 incl interest.
They stalled and stalled and paid up just within the time for defence. So You will probably receive a cheque for the full amount soon, unless they take it to the wire, like they did with me.
I have just today put in an MCOL claim against Capital One. So I will see where that gets me.
I didn't take A&L to court I went through the Ombudsman. That was very interesting. I feel you must make sure you use the word complain in your first letter - then eventually when they realise you are not happy!!!! they should tell you about the Ombudsman and send you a leaflet. I only found this out by a roundabout way from info my husband was given via the courts [he's claiming from Barclays].
I wrote to Ombudsman - more form filling - they wrote to A&L - A&L wrote to me said they would look into it - Hey Presto - a cheque for £1030. I only asked for £450 - so who's laughing.
Hubby went the whole way with Barclays - at the last moment they offered the whole amount in f&f settlement - £4500.
got acknowledgment and 6 page defense from them the day after the small cheque (forgot to say) but defence has not come from court yet? 14 days are up on 21st May
Jayco v Alliance & Leicester
dated 18/04/07 indicates that you have until 02/05/07 to respond before I commence legal action. My deadline remains the same."
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