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.
received a letter dated the 24th may from bank ( so not due to claim as it wouldnt have gone through)
my claim is for £1500
and they have written offering me £216.50p couldnt belive it
they say the difference between what they charged and what OFT is ruling is £12 so thats all they will refund me.They have also said they wont touch my bank account if i accept
their charges comply blah blah even if i dont accept they wont close my account as " they do not see it as their policy" but i have to accept their terms and conditions
what do i do now? they should have received my court claim by now.
Thank you for your enquiry requesting that we refund the fees you have paid on your current account. These fees form part of the Terms & Conditions of your account and were generated because payments were presented for payment, for example, cheques or Direct Debits, when there were insufficient funds available.
As you may be aware the Office of Fair Trading ("OFT") is currently reviewing the issue of current account charges. It is our understanding that they have suggested that there may be some similarities between the default charges on credit cards and similar charges applied to current accounts, however, it recognises that the application of the general principles set out in 2006 to the banking industry is not straight forward and that a more detailed examination is needed in relation to bank charges.
Default charges may apply to current accounts when items are presented for payment whilst the account is in excess of its overdraft limit and are returned unpaid (bounced) and a fee is charged. We do not believe that the term applies to other types of fee.
We believe that all our charges have been applied in accordance with the Terms & Conditions of your account, of which you have been given a copy. However, having reviewed the particular circumstances of your case and taking into account the ongoing OFT review, in order to resolve this matter we are prepared to refund the sum of £216.50 in Full and final settlement.
This reflects the difference between the amount of charges for unpaid items actually applied to your account and the amount of charges that would have been applied to your account if the charge had been £12 (being the amount that the OFT indicated was not unreasonable in relation to credit card default charges). Please sign the enclosed copy letter to confirm your acceptance of this offer and return it to me in the envelope provided by 23 June 2007. On receipt, I will apply the agreed refund immediately. telephone calls may be recorded or monitored for security, quality control and training purposes.
Alliance Sc Leicester plc. Registered Office: Carlton Park, Narborough, Leicester LEI 9 OAL. Company No: 3263713. Registered in England. Alliance Sc Leicester pk is authorised and regulated by the Financial Services Authority. Our FSA register number is 189099.
Alliance Leicester
You may have seen media reports that some banks have considered closing certain customers' accounts where the customer has complained about bank charges. We would like to re-assure you that this is not our policy and if you do accept our offer of settlement, we will continue to operate your account. We will do so on the basis that you accept the terms and conditions of your account previously notified to you, and that charges will be applied in accordance with our current charging policy.
We would stress that as the OFT has not concluded its review, the offer of settlement contained in this letter is made on an entirely ex gratia basis and without any acceptance by us that £12 is an appropriate charge for returning an item unpaid.
Finally, where additional funds are required, it is always best to arrange overdraft facilities in advance, to avoid incurring fees on your account.
I look forward to hearing from you.
you will probably now receive a letter from wragge and co telling you they plan to defend. they will also probably enter a states paid defence and tell you they plan to see you in court. this is where i am at now. good luck. bob
Alliance & Pester Stupid Offer
couldnt belive it
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