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.
hi all im new to this so forgive me for any silly mistakes.
i am taking my bank to court after seeing about getting your charges back this is the story so far..
1.Sent them letter explaining the situation and what i would like from them.
2. I recieve a letter from them saying that they would settle for £2078 or so and the charges i am after are £7700 odd.
3. Send it back sayin i dont think so and tell them i will proceed with court action.
4. No reply two phone calls and no reply again, so final letter saying please reply to me within 7 days or court action will start.
5. Recieve another letter stating thank you for your letter we are looking into it, again thats all they sent.
6. Proceeded with court action went to online court and paid £250 to start proceedings against them.
7. They acknowledge letter and say they are defending the case signed by a solicitor.
So just wondered i started things on the 10th or so of april and court said that the letter in their eyes would be delivered by the 15th of april stating that if they dont hear by the 29th of april then i can make a judgementy against them, now they ackonwledged letter on the 23rd of april, so they get another 14 or 28 days to build a defence, now those 14 or 28 days do they start from the 15th or the 29th of april??
And if this does goto court am i likely to get laughed out of court??
right so deemed served? i presume you mean the 15th of april then? or am i wrong, just wondered is all if it does goto court will they just say no chance? mind you i have seen on here its never got that far as it would open flood gates so to speak, but theres always a first.
well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??
How can anyone second guess what the bank are going to do?
No bank can at present (IMO) afford to allow a test case to go through as it could be the end for banks as we know it . Their only option is to apply for your case to be struck out it would seem and that could only happen if you've been a numpty and have ballsed up your claim either by being vexaciuos and claiming things you are not entitled to or by generally getting your figures wrong.
If however, you've done things by the book, don't panic, it won't be long before they fold and offer you the full whack.....or close to it.
If my post has been useful, tip my scales and let me know
well just wondered as they have now brought in solicitors and just wondered what is likely to happen, plus bank have another 28 days to prepare a case so will they or wont they??
cheers all
Of course they have brought in solicitors, you are sueing them afterall.
Hi tallguy79, I sincerely wish you all the best with your claim, which will no doubt be successful, especially with the help of the help of the experienced members in the forum.
Just a point in general, when anyone is starting a thread would it not be more beneficial if more detail was given, ie whether a claim is in Egland or Scotland, basic charges £xxxx, and calculated interest £xxxx giving claim total £xxxx.
This would help members follow threads more easily, ensuring the best advice is given. Also help newbies starting out to understand the claim system.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
cheers i see what you mean, i have had a letter form cobbetts asking for details and why i am claiming etc, must admit i thought o great cant be arsed but after reading this im still going to, they aint getting away with scare tactics with me.
so now i have to spend more time detailing all this charges, dates, amounts etc etc, mind you i have copies of my statements so may send them those as there highlighted.
so do people reckon its best to get on with it fill in the forms etc and try to get them to cripple??
well recieved another offer today of 5700 odd still 2000 under what im after should i take or go through with court action, as a week before hand they sent me through their defence letters for court now their sending me offers??
Nobody can tell you whether to take it or not, however, my advice would be to carry on with the action unless they offer FULL settlement.
This is a standard tactic, trying to make you think it's a 'Deal or No Deal' type situation.
Question...was the offer from Cobbetts or Customer Rel.?
In my case I was still being offered settlements by CR whilst Cobbetts were defending the whole claim, currently I am awaiting my cheque (for £11k) after giving them a few more days to go through the numbers after client decided it was' mided to settle'.
hi hydra, yes the offer was from customer relations, with a load of leaflets on charges etc they said this is a final offer and if i sign then i agree not to hold them accountable for the charges for some reason. i will ring them tom and tell them thats not good enough and that court papers are all ready so im going to go with it, got nothing to lose really.
You really need to read the stickies in the Lloyds forum before you make this decision. The ruling you are talking about was made because the defendant wasn't properly prepared on the day. Lloyd's didnt even turn up. There are severla different issues that lead to the decision, which is a pretty shaky decision at best.
PLUS, and this is VERY IMPORTANT. It was a Small Claims Court with a Divisional Judge. There is no precedent set and it cannot be relied upon for other decisions. And I understand that this isn't the first time this has happened - just the first time since the bank charges balloon went up.
The case is so strong that I read on Martin Lewis' site last night that he is offering to fund the appeal for the guy if he can't afford it himself.
Don't throw away that 2k dude. Think on and do some more reading.
yeah thinking sod it now phoned them up they said they wont budge and i mentioned about court they just said yes ok that is an option open to you, so i just said thanx and goodbye will get all my court paper work sorted for the 25th and see what happens now, cheers hydra
My total claim (incl interest, and court fees of £250) is £7900. Following submission of N1, CR sent me a final offer letter last week stating they will pay £5387, and that I have eight weeks to decide.
Still not sure what to do, so have decided to bide my time for now. They have until 30 May to respond to N1 claim, so I too am awaiting Cobbetts standard issue letter any day.
It is a tricky one, I agree. When the money is yours, and for such a substantial sum, it is hard to decide between fight or flight.
It really isn't an episode of deal or no deal. It's YOUR money, thay can't refuse to pay you back, all they can do is delay, confuse, obfuscate and generally try to put you off.
And it seems to be working.
I should introduce you to my wife, who has been a harbinger of doom since the outset, after I declined the first offer of £2200 against a claim for £8600.
More time for charges!!
and no reply again, so final letter saying please reply to me within 7 days or court action will start.
Reply With Quote
Originally Posted by tallguy79
. Their only option is to apply for your case to be struck out it would seem and that could only happen if you've been a numpty and have ballsed up your claim either by being vexaciuos and claiming things you are not entitled to or by generally getting your figures wrong. 
No reply to prelim LBA posted rec del
