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.
after reading the forums for a while ive started to get the ball rolling and reclaiming my charges but i wanted someone who is involved in law ( solicitor or lawyer ) to proof read what i have quoted and want to add to a letter:
The Law and how I Belive You Have Broken it.
I belive that the Abbey has acted in a discrasful manner in regards to my account you have on countless occasions overdrawn my account to fulfill these charges when i had no such ability on my account, you have employed a debt recovery agency to harass me to pay these charges and by far the most discraseful I belive you have committed an act of Theft under the fraud act 2006 (please see underlined). Fraud Act 2006 Chapter 35 Fraud by abuse of position 4Fraud by abuse of position
(1) A person is in breach of this section if he- (a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position- (i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
Hi Matty, just read yr thread and all i wanted 2 say is theres a few spelling mistakes in there, so if u do include it in yr letter (depends what advice u get on here) try and do a spellcheck or it could be embarrassing for u!
Regards
Bonnie
I really dont like this (just a personal opinion) - if it were me, I would stick to the standard letters and case law here - why reinvent the wheel?!
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
At the very least PM one of the Mods and ask before you send this - they will give you a considered opinion and let you know if your approach has been used before and what happened.
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07
can i ad this 2 the end of my letter ???
has acted in a discrasful manner in regards to my account you have on countless occasions overdrawn my account to fulfill these charges when i had no such ability on my account, you have employed a debt recovery agency to harass me to pay these charges and by far the most discraseful I belive you have committed an act of Theft under the fraud act 2006 (please see underlined).
Reply With Quote
thank you!
