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.
Started with a Subject access request back in November 2006; this was rejected with the standard microfiche argument. This was later over come early on this year after I pointed out the Information Commissioner’s decision on Microfiche. Having received my statements I noticed that £290 was taken from my account due to late payment charges (shame I couldn’t go back further than 15 August 2001 as I know they had loads of cash of me when I was in university). I then sent a standard letter requesting payment for these charges which was rejected. This then caused me to move on and so I filed an N1 including a schedule of charges. The N1 was acknowledged and now they have filed a defence!!! Their main argument is that I signed up for the account and these penalty charges were listed and that they deny that any such charges unduly enrich them. Ha! I guess the question is should I go to court for £395.59 (including interest)? If I loose how much would it cost me if they counter with a request for covering their costs?
Can anyone give me any advice as I only have until the 30th of this month to submit the allocation questionnaire! I have seen a mention of a court bundle. What is this if it is beyond my original N1. I don't see that I really need to say anything more that that stated already.
Follow the steps defined on this site and you'll be fine. Complete the aq and send it back.
Then you'll get a court date, what seems to be happening at the moment is you'll get a pre trial hearing as the court's are realising the banks don't turn up and are trying to keep themselves from being overrun with these types of cases. Even if you get an actual court date still stay calm.
What I expect will happen is that you will get an offer about 2 weeks before the court date stating that they disagree with your legal analysis but that it's not cost effective for them to go to court.
aim, if you have a look in the Library, there are things you need to read: "basic court bundle" by yours truly, "have a court date?..." by Gary H, and "allocation questionnaire - guide to completion" by Jonni2Bad.
Read, digest and spit back at the banks. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Barclaycard have filed a defence!
back in November 2006; this was rejected with the standard microfiche argument. This was later over come early on this year after I pointed out the Information Commissioner’s decision on Microfiche. Having received my statements I noticed that £290 was taken from my account due to late payment charges (shame I couldn’t go back further than 15 August 2001 as I know they had loads of cash of me when I was in university). I then sent a standard letter requesting payment for these charges which was rejected. This then caused me to move on and so I filed an N1 including a schedule of charges. The N1 was acknowledged and now they have filed a defence!!! Their main argument is that I signed up for the account and these penalty charges were listed and that they deny that any such charges unduly enrich them. Ha! I guess the question is should I go to court for £395.59 (including interest
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Re: Barclaycard have filed a defence!
