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 everyone just too letyou know im now in the process of sending my letter too ask for my money back it will be done next week but I will keep you posted.
Thankyou KnellyK, (where are you up too with yours.)
I am asking for £4,891 with the interest but I will be preprared to drop the £891 pounds interest on good faith.:o
I have photocopied my statements, (crikey that was a chore and a half about a hundred A4 papers.) highlighting my charges with interest and will enclose this letter.
Dear Sir or Madam,
Re. Account number: [INSERT ACCOUNT NUMBER]
I am writing to request that you repay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to [INSERT NAME OF BANK].
The charges total £[INSERT TOTAL CHARGE], plus as I believe I have been unlawfully deprived of the money I have calculated £[INSERT TOTAL OF INTEREST] interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of [INSERT TOTAL OF CHARGES PLUS INTEREST]. I have attached a full schedule of the charges and interest with this document. [INCLUDE THE PRINT OUT OF CHARGES AND INTEREST FROM THE CALCULATOR AND BE SURE TO KEEP A COPY FOR YOURSELF]
I look forward for a full response to this letter within 14 days.
Yours faithfully,
Which will be sent too this address.
Pam Speed
Business Manager
Banking Services Abbey
PO Box 1109
Bradford
BD1 5ZJ
So far so good I hope, I will send it next week with a recorded delivery.
Just wanted to point out in case you didn't realise, that you can't add the interest onto your claim until you file your claim at court. Until then just request your charges and make no mention of interest. If you make a simple mistake like this early on the Bank will think you don't know what you re doing and you may be in trouble. Good luck with your claim and keep posting (especially before you actually do anything and then someone can let you know if you're doing the right thing!)
29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey
17.2.07 - Preliminary letter sent to Abbey
5.3.07 - LBA sent to Abbey
28.3.07 - N1 filed at Worcester CC!
1.7.07 - AQ filed at Worcester CC
6.9.07 - Court Date!!!
I have photocopied my statements, (crikey that was a chore and a half about a hundred A4 papers.) highlighting my charges with interest and will enclose this letter.
There's no need to send copies of your statements with this letter(now you've copied them keep them incase you need them for your court bundle)
Have a look in the templates library for the spreadsheets and put the details of the charges into one of the, the simple one calculates the section 69 interest at 8% - as James 33 says you can't claim this til you get to court, but once you've done the spreadsheet you can print the columns that show the details, cost and dates and the interest calculation will be there ready for when you need it!
Thank you Knellyk for your help I am sending the letter tomorrow.
I am just wondering if you dont need to send copies of your statements what does a list of your charges mean or a schedule of the charges,(as suggested you do in the prelimary letter.) as I am a bit confused.
Thank you Knellyk for your help I am sending the letter tomorrow.
I am just wondering if you dont need to send copies of your statements what does a list of your charges mean or a schedule of the charges,(as suggested you do in the prelimary letter.) as I am a bit confused.
Hi, the link posted for spreadsheets is the one you need you take the info from your statements and input them onto this spreadsheet. Also you were adv not to put any interest. Thats not so correct. You CAN ask for inetrest they have charged you as long as you are clear that it was the charges which made you overdrawn hence the need to pay interest. One my 1st claim, i had an overdraft however, i was always overdrawn and even thought part of my overdraft was charges, because i couldn't work out which interest applied to the normal overdraft and which was due to the charges, i didn't bother asking. For my 2nd claim however, i have asked for interest because even though i still had the overdraft, i was not using it so it was the charges which made me go overdrawn. Does that make sense?
Thanks for your reply I have to say my charges are for the cheques I wrote whilst having no money in the bank my wages get paid into the bank every month.
I have since taken control and no longer do this.
I was charged £30 each cheque after a few months you can imagine how this can build up and spiral out of control.
I do know what you mean bp it makes perfect sense it was the charges that made me write the cheques it kind of snowballed.
It was only 1 or 2 cheques as a rule sometimes a couple of days before I got paid as I was struggling, occasionally I had to write cheques less than the amount they were charging me from the month previous.
Hope I am okay for trying to claim these type of charges back.
i must be honest i did reclaim "charge for clearing" because somehow, it always worked out that if there were charges pending, when i got paid, the charges were paid 1st ofcourse that meant there wasn't enough £ to clear my dds which then meant every month i always had to pay more charges!
I have got to the stage of issuing court proceedings (served on 21.05.07) they have sent me a letter along with their defence (which seems to be the standard draft) offering me 65% of my claim, I originally claimed £6724.00 without interest, they refunded £1308 in Feb, I issued a claim for £5000, they have offered £3328.00, I have sent them letter today to negotiate on £4608.00.......... otherwise I will proceed to court!! wish me luck!!!
Cheers BP,at first I was going to take the offer as the thought of going to court was a bit daunting, howver from trawling through all the sites I decided to go for it...... will let you all know what happens next....