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 believe in Scotland the limitations is 5 years (6 England). Doesn't mean you can go for charges beyond that, from what I've been readinmg on this site, some folk are going way back, however you may want to verify this for yourself....
Ahh well we will see what they reply with, I would be grateful if someone could clarify or link me to another discussion thread regarding the 5 year thing?
I'm not saying I'm right, but might be worth asking one of the moderators in the Scottish section if the 5 year thing is true - they seem to be very well schooled on all of this.
They have not yet cashed my cheque probably because I sent the request to the registered offices. I have now sent a copy along with another letter to my branch manager informing him of his obligations under the DPA and informing him to liase with the relevant department to ensure they respond within 40 days or I shall be complaining to the information commissioner.
The bank have now cashed my £10.00 cheque, however they have also took a £5.00 charge for backdated statements, is this normal? I should receive the information soon and can then do my lba.
I have now received my bank statements from the bank, I have added up the charges and they total £560, is this the amount I should tell them I am claiming in my letter before action, I know we aren't concerned with interest at this stage.
Another concern is do I need to check the balance before the charge was applied, i.e. if I was already £30 overdrawn and they charged £28 on top are they justified in doing that, however if I were only £8 overdrawn and they charged £28 making me more more overdrawn then I claim it back?????? Have I got it wrong, shall I just ask for the lot back..... please help.
I don't want to sound harsh, but before going any further you should stop and read through the unfair bank charges FAQs.
First of all, you need to send the prelim before the lba. Secondly, you should be claiming all the charges back. However, please understand that this is not a get rich quick scheme and could ultimately end up with you in court against your bank - you need to be well prepared, and at this stage you don't even seem sure of the arguments as to why you are claiming your charges back.
Have a good thorough read through the FAQs.
Good luck.
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)
Thanks, I was aware of the correct process with regards to the letters just a bit tired and wrote wrong one, but thanks for the advice I have read them again... I just didnt understand the bit that said:
"Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time,"
Hi Donel the spreadsheet in the libraries is really useful at telling you what to claim and when and is really easy to use.
NatWest - Settled in full 22/05/06
RBS- Prelim sent 9/05/06 £1,147
£500 offer 27/05/06, rejected 30/05/06
LBA sent 25/05/06
MCOL 15/06/06
Defence received 20/07/06
Settled in full 01/09/06 wahey!!!!!!!!!
Lol, had a letter from bank this morning, my latest statment and guess what!!
"Charges to be deducted on 3rd July 2006 = £28.00"
Maintenance charge for going overdrawn by £5, coincidentally £5 they took from my account on top of the £10 cheque for DPA, it says on my statement "historic statement charge", cheeky gits..... nevermind.
I've received a late response to my premilinary request for repayment, the letter before action was sent on the day I received it.
It reads: I am sorry you are unhappy, I intend to fully investigate and will contact you in two weeks with a response or to update you on my progress. I have requested backdated statements on your account blah blah blah, looks like standard cut and paste job, dated 19th June 2006 however they couldn't even be bothered to frank it until the 27th June 2006,
Signed: Deputy Branch Manager
Do I just lodge the claim after 14 days or give them time to investigate?
Lodge the claim after 14 days, stick to your timetable not theirs!!
NatWest - Settled in full 22/05/06
RBS- Prelim sent 9/05/06 £1,147
£500 offer 27/05/06, rejected 30/05/06
LBA sent 25/05/06
MCOL 15/06/06
Defence received 20/07/06
Settled in full 01/09/06 wahey!!!!!!!!!
The bank have immediately responded to my lba with the standard "we believe our charges are fair, reasonable & transparent........." However we are prepared to make a payment of £84 as a gesture of good will in full & final settlement.
I have now lodged my court claim = claim number 6QZ43026, wish me luck!!
Excellent, enjoy the cash. I'm also going to lodge court papers this week, probably towards the end of the week, hopefully it will foloow the same pattern as yours and I shall receive £££ in 4weeks or so. Has there been any mention of closing your account? I'm opening a parachute account, but would like to stay with RBOS as they know I mean business if they ever dare charge me again! Well done again!!
Well done!!!!!!!! Nice to see RBS finally paying up!!!!!!!!!!!!
NatWest - Settled in full 22/05/06
RBS- Prelim sent 9/05/06 £1,147
£500 offer 27/05/06, rejected 30/05/06
LBA sent 25/05/06
MCOL 15/06/06
Defence received 20/07/06
Settled in full 01/09/06 wahey!!!!!!!!!
RBS (I'm giving it a go...)
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