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.
Have you read The Theft amendment Act? This states that anyone involved in taking goods or money without the intention of returning such to the owner is guilty of theft! This should include the person writing the letter up to the chief exective?
The theft act 1968 and subsequent ammendments has no implications directly or indirectly to bank charge reclaims.
This isnt the first or last time the question will be raised but I am happy to put the record straight here.
Hope this will now end any further doubts or speculation.
We already have in place a good defence and statutes in law as a means to reclaim these charges using legitimate POCs
The theft act is not part of that and will remain so.
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However much we might all wish it to be it is not. As a previous post enquired- is there a succesful case on that basis- No!
Bank charges/ panalty charges are however unlawful and that is the basis of the argument and the reason that banks have paid out such a staggering sum so far. Keep going however, you can get the charges back.
Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.
Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-
Date of Transaction Company Amount Type
19/06/2005 The Uk Firm £10 Payment Authorised
19/07/2005 The Uk Firm £10 Returned Transaction
24/11/2005 The Uk Firm £35 Authorised Charge
Is this Transaction Authroised?
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Section 6 "with the intent to permanently deprive the other of it" is sufficiently flexible to include situations where the property is later returned. For example, suppose that B, a keen football fan, has bought a ticket for the next home match. T takes the ticket, watches the match and then returns the ticket to B. In this instance, all that T returns is a piece of paper. Its value as a licence to enter the stadium on a particular day has been permanently lost. Hence, T steals the ticket. Similarly, if T takes a valuable antique but later repents and returns the goods, T has committed the actus reus with the mens rea. The fact that T's conscience forces a change of mind is relevant only for sentencing.
"The only thing that interferes with my learning is my education." Albert Einstein
"No-one can make you feel inferior without your consent" - E. Roosevelt
Don't lie, thieve, cheat or steal. The Government do not like the competition.
All advice is offered without prejudice.
We are being sued for Libel. Please help us by donating
Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.