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 have read a number of postings on this site, in particular the claims being made against The Alliance and Leicester Bank.
I note that many posts indicate that the A & L will be defending the claim.
This site states that these charges are UNLAWFUL as they do not represent the actual costs to the bank of the customers indiscretion, i.e. not having enough money in account/overdraft remaing to pay a cheque, standing order or direct debit.
When there is a defence submitted by A & L would it be in order for the plantiff to ask the bank for a disclosure on how these charges are made up.
I have submitted a claim using template letters from a national daily and in my claim I have included ;
1. the cost of secretarial duties in preparing the initial claim, printing same and attending Post Office to send by Recorded Delivery the letter plus cost of A4 paper and printing the letter, the envelope cost and recorded delivery postage;
2. the cost of secretarial duties in preparing the letter before action, printing same and attending Post Office to send by Recorded Delivery the letter plus cost of A4 paper and printing the letter, the envelope cost and recorded delivery postage;
3. the cost of secretarial duties in preparing the online claim.
(Secretarial Duties claimed at £5.35ph (Statutory Minimum Wage) and charged at 1 hours time for each of above actions)
I am at the stage where I have received from the court the Acknowledgment of Service where the bank state they intend to defend all of the claim.
The bank now has 28 days to file a defence to the claim which the court should send me a copy of after it has been received by them.
Can I, if the situation arises, request the bank, through the court or otherwise, for a disclosure of how their charges are made up along the lines that I have in claiming MY expenses.
I note from many sources that investigators state that the costs to a bank of returning a direct debit / refusing to pay a standing order is around £2-50.
Any help on the subject of disclosures by the bank will be gratefully received.</p>
I have submitted a claim using template letters from a national daily and in my claim I have included ;
The problem with using letter templates from sources other than CAG is that they give you the templates, but no back up if things don't pan out the way you expected.
Can I, if the situation arises, request the bank, through the court or otherwise, for a disclosure of how their charges are made up along the lines that I have in claiming MY expenses.
You cannot order full disclosure in the small claims courts, only the higher courts, which also carry the risk that if you lose then you would be liable for the defendant's costs (including, possibly, barristers)
On a straight forward penalty charges case, the banks have not yet set foot in the court-room, preferring to settle before to avoid disclosure.
I note from many sources that investigators state that the costs to a bank of returning a direct debit / refusing to pay a standing order is around £2-50.
In reality, it's probably lower than that. As the banks consistently refuse to disclose their costs, we claim for the whole lot of the charges, not part.
Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions.
Good luck.
Regards, Rooster.
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