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.
What is particularly irksome is that one of the charges was for unarranged borrowing. My overdraft peaked at around £1016 that month but my overdraft limit was £3000. They shouldn't have charged me that even by their rules!
It's not much but it's mine. I have all the statements so it's off with a preliminary letter including contractual interest.
Steven
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I have created a simple web site here for the various Nat West T&Cs I have. I have also put a file detailing why the charges are penalties which can be used in a statement of evidence.
Steven
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I want to be very clear in this claim about what the issues are and, as I said, I'm going for style. So here goes. This is my proposed preliminary letter.
Request for repayment of charges
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxx SORT CODE xxxxx
I have recently come to understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are contrary to the Common Law on penalties and liquidated damages in contracts, since I have reason to believe the charges exceed your losses consequential on these breaches of contract.
If you disagree that direct debit refusals, exceeding overdraft limits and so forth are breaches of contract, please justify this assertion. If you disagree that these charges exceed your losses, then will you please demonstrate this by letting me have a full Breakdown of the costs which you have incurred as a result of my breaches of contract.
Further, I consider that the imbalance in your favour in applying compounded interest to these penalties (which, due to their unlawfulness, constitute borrowing of my money without my permission) and no fairness in this being reciprocated in your use of my money, constitutes an unfair term in the contract. Therefore, I am claiming compound interest at Nat West’s unauthorised borrowing rate on these charges.
This letter constitutes a formal request for you to repay charges totalling £xxx and listed on the enclosed schedule, plus interest at Nat West’s unauthorised borrowing rate of £xxx, making a total of £xxxx.
I expect a positive response within 14 days accepting my request in principle and letting me know a date by which I will receive payment. I believe that this is more than sufficient for a large company such as yours with dedicated staff and large resources.
Yours faithfully,
Steven4064
Any comments, improvements?
Steven
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How can we possibly improve!!! The paragraph explaining why you're applying contractual interest is clever - it's inviting them to try and justify their actions (which we all know won't happen anyway!)
The only thing I wish I'd added into my prelim (with the benefit of hindsight!) is a paragraph that makes it quite clear that this is not a letter of complaint. Nat west seem to be hiding behind the whole 'complaints procedure' with our claims - hence dragging the claims on and not responding to our timescales, resulting in us filing at court even though they pay up in the end anyway! Just a thought, but it's a paragraph that I'll be adding to all of my future prelims in a fruitless attempt to stop them dragging things on further!!
The contractual interest paragraph is no t original but nicked from elsewhere on CAG. Thanks for the 'complaint' idea - I'll try and make that evenb plainer
Steven
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I have recently come to realise that the fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, substantially exceed your costs in handling these events and amount to unauthorised profit, which is not allowed under common law.
This letter constitutes a formal request for you to repay £xxx, which I estimate to be the difference between the charges listed in the attached schedule and your actual costs, plus interest of £xxx based on Nat West’s unauthorised borrowing rate of 29.5% compounded, making a total of £xxxx.
This letter is not a complaint and so I do not expect it to be handled using Nat West’s complaints procedures. I expect a positive response within 14 days accepting my request in principle and letting me know a date by which I will receive payment. I believe that this is more than sufficient for a large company such as yours with dedicated staff and large resources.
Yours faithfully,
Comments anyone?
Steven
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Almost everything I know concerning the law I learned from this site
Steven,
Good letter, and I may even pinch a few bits for a revised lba on another account I have waiting in the wings. (you've been duly clicked in gratitude) !!
I was about to file my POC using the standard arguments for Ci, but bearing in mind recent events on other thread both subscribed to, now considering modifying my approach too.
Will be intersting to see what (if any) response such letters bring ?
Excellent letter and a wise move given the ruling in the attached thread. Hope you don't mind, but I've poached a couple of paragraphs for my parents claim as well!
Sent revised prelim letter today ('signed for' of course)
In which case put your feet up, have a glass of wine, order a takeaway and wait for ......................... .... hmmm - nothing!!!! Although you may be lucky on this occasion and at least get a standard BOGOFF!
They had better no send a standard BOGOFF - I used your idea of saying it wasn't a complaint and therefore didn't expect to be put through the standard complaints procedure.
Steven
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Any opinions are without prejudice & without liability.
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My own NatWest claim
peaked at around £1016 that month but my overdraft limit was £3000. They shouldn't have charged me that even by their rules!
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Originally Posted by steven4064
