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.
Just starting the process today, got the SAR template ready and filled in, then read about previous address details and sending proof of that with this. What do I send? <<possibly a silly question.
I may have a statement from them from time at the old address, I assume that would be proof enough? Failing that?
Ah, think I've read the step-by-step guide slightly wrong!
It says include new details if you have changed from what is held on the account, I read it as while you've had the account for some unknown reason.
Oh well, I'll get it sent off today then at last.
Is it recommended to send Recorded or Special Delivery? I thought Recorded was good enough, but posted something else yesterday and was told Recorded doesn't guarantee delivery, just that it will be signed for if it gets there! But Special Del was £4 for a letter!
Ah, think I've read the step-by-step guide slightly wrong!
It says include new details if you have changed from what is held on the account, I read it as while you've had the account for some unknown reason.
Oh well, I'll get it sent off today then at last.
Is it recommended to send Recorded or Special Delivery? I thought Recorded was good enough, but posted something else yesterday and was told Recorded doesn't guarantee delivery, just that it will be signed for if it gets there! But Special Del was £4 for a letter!
Final decision is obviously yours Rich, but I don't see why recorded shouldn't be sufficient.
I've never had any problems with anything I've sent recorded, and I use it quite regularly.
Ready to send the prelim letter now, totalled all the charges on the Simple-charges-calc.xls, I haven't been charged any overdraft interest though, so do I remove the "Days since offence" and "Interest 8% apr" columns?
Also, I have been informed by A+L of charges to be applied on 28 July, can I claim for those if I send the letter before they are applied? i.e. today or tomorrow?
You can use the spread sheet with the 8% column - but hide these when you send the schedules in the letters to A&L - you do not mention the S69 8% untill you commence court action. You can change the amount in the claim if there are further charges - right up to the time of filing as long as you point out what you have done.Can't Find What You're Looking For? Here's A Complete A-z Index
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
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offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Been a while since I started this - got massively waylaid!
However, now ready to send my N1 form in, just a couple of queries:
On the first page, do I fill in the defendant's name and address twice or is that for court use? The same goes for the Amount claimed, Court fee and Solicitor's costs boxes - I'm assuming these are for court use but am not sure.
Secondly, the Particulars of Claim template I got from the templates library has a Date and Signed section at the bottom, the N1 form also has these, am I to assume I use the ones on the form?
Sorry for the seemingly obvious questions but this needs to right!
The bottom of the form.....print and sign.
DONE..!
Anything your not sure of, the court will help you.
Dont forget if you have had any new charges since you started this claim, add them on before you file.
Also i have just noticed it has been 12 months since you sent the last lba letter. You need to resend the lba before you file as it has been a long time.
Received the defence through today from Wragge & Co, I'm sure most of you have read what it has to say though so I won't go into too much detail.
It mentions about Insufficient particluars of claim saying I failed to particularise the claim adequately. I sent a full list of dates, charges, amounts, interest and days since charge so I fail to see how this is inadequate. I have read on other threads that I may need to send Wragges a copy of the POC, is this the case?
Are there any template letters available for such an occassion?
What has anybody next in this situation? Does it mean court is on the agenda?
Thanks in advance for your help, it is much appreciated.