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.
Hiya, just thought you'd like to follow my progress on reclaiming £1020 (£1118.15 with interest).
I'm adamant that I will get these charges back as for I'd years been very good with money but due to a mishap, fell into severe debt almost overnight. My branch refused to help me out in the short term with charges, knowing full well they were about to start raking it in! But anyway, long story short, the £1020.00 was accrued over just 3 months for a few missed D/D's!
I requested my statements for 6 years on 21st Feb, which I received approx 3 weeks later (they took my £10!).
On 4th April I sent the preliminary letter requesting charges with interest be repaid, the reason I wanted to include the interest in the preliminary letter was to raise the bargaining bar so to speak.
I received a letter back from RBoS in acknowledgement of my claim on 16th April, basically saying it's under consideration and they'll respond asap.
Today is the 24th April and I just spoke to a Customer relations advisor at their CRU in Edinburgh to see how much consideration it was being given. I was told that I should receive an offer of the amount I requested without interest in approx 7 weeks.
Do I stick to the 14 days per letter as I intended, the next one being the letter of intent to take court action or show willing and give them till 5th june?
Thanks, I was Kinda leaning that way just needed a push! This is basicallly a copy of what's going next, seem ok?
Dear Sir or Madam,
Re. Account number: xxxxxxxxxxx
I refer to default charges applied to my account amounting to £1118.15, which I have requested you pay back.
I wrote to you on the 4th of April 2007, making the original request for a payment in settlement of my claim. After speaking with one of your customer relations advisors on 24th April I was informed that it will take 7 weeks for you to make an offer. Therefore, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the county court (via MCOL) will rule in my favour.
I have attached a full schedule of the charges and interest with this document.
without prejudice The charges and interest I have claimed above total £1118.15. However, if you are prepared to pay to me £1020.00within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in Full and final settlement of my claim and interest.
I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.
Looks fine but I would change:
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs
to:
This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unlawful and not proportionate to your costs
Let us know how you get on.
P.S. Don't change it if you don't want to, its just how I would phrase it.
Changed it thanks. I'm sure they'll understand how this is gonna go as according to the CRU which covers both RBoS and Natwest, they're dealing with 1000's of claims a week. This of course could be bull but if not it serves them right.
06/06/07 Recieved letter offering full amount of charges to be refunded (no interest).
Gonna take it obviously.
I actually gave them the 8 weeks they requested me to allow under FSA guidlines and as I was getting stressed at the time it seemed to show good intention which would only stand up better in court if I needed to take action.