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.
Prelim letter sent req c£820 in charges in last 4 years
very nice respone 1 week l8r from A&l saying sorry to learn of your dissapointment with our services blah blah blah enclosing a leaflet saying someone will get back to me within 28 days.
do i wait 4 this next response or do i go by my timetable as i stated in my prelim letter?
Just Reviewing The letter before action And The 1st Line Says Im Dissapointed U Failed To Respond To My Letter.
In My Case They Have Responded Should I Reword Something Like
"dissapointed You Failed To Respond In A Manner Which Could Resolve This Situation"
Yes , just alter any of the letters to suit your case.
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
letter recieved today 13/06/06
"OUR CHARGES R REASONABLE BLAH BLAH BLAH"
"OMBUDSMEN BLAH BLAH BLAH"
"IF WE DO NOT HEAR FROM U WITHIN 8 WEEKS WE WILL CONSIDER CASE CLOSED"
THIS IS OBVIOUSLY WHERE THEY EXPECT PEOPLE TO SAY OK , AT LEAST I TRIED , AND TO GIVE UP.
NOW ITS TIME TO GO TO THE NEXT STEP,I HAVE ALREADY REGISTERED WITH MONEYCLAIM AND WILL USE PREVIOUS THREADS IN FORUM TO FILE MY CLAIM.
SHOULD I WAIT UNTIL THE FOURTEEN DAY PERIOD HAS EXPIRED ON MY PREVIOUS LETTER OR ACCEPT THAT THE "FOB OFF" LETTER THEY SENT ME IS THEIR FINAL WORD?
letter recieved today 13/06/06
SHOULD I WAIT UNTIL THE FOURTEEN DAY PERIOD HAS EXPIRED ON MY PREVIOUS LETTER OR ACCEPT THAT THE "FOB OFF" LETTER THEY SENT ME IS THEIR FINAL WORD?
I'd be tempted to play it by the book - stick to the original timetable. Its saying "I won't be goaded. We're playing by my rules now."
thanks young and free
thats what i thought.
when filling in money claim form its actually difficult not to copy the the words by bankfodder in the bank templates libary . i know he says its not a template but some of us cant put our views into words so easily.
just filling out moneyclaim online will not be sending yet as 14days not up yet
hows this so far(nicked most from previous forum users)
Claim for refund of punitive charges on account xxxxxxxxxx
Action is on the grounds that I had a contract with the defendant bank and which was conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Please note that under section 69 of the county courts act I shall be calculating all charges made against me with an additional 8 % interest.
I have repeatedly asked the bank to justify their charges but they have declined to do so.
There are 27 occasions of charges between the dates of 06/09/02 and 02/09/05 with a total cost of £788.00 and £48.72 in interest charges total £836.72 .A schedule of all charges is available.
BIT CONFUSED WITH 8% INTEREST CHARGES THE ABOVE FIGURE IS WITHOUT THEM SHOULD I PUT CHARGES AS £836.72 + 8% INTREST £1013.40.
HAD TO ALTER PREVIOUS VERSION TO BE ABLE TO FIT I MONEYCLAIMS
LIMITED SPACE
DOES THIS SEEM OK TO EVERYONE AND WHEN THE TIME IS DUE TO FILE USING THIS.
Claim for refund of punitive charges on account XXXXXXXXX
Action on the grounds that I had a contract with the defendant bank and which was conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
under section 69 of the county courts act All charges against me will be liable to 8% intrest.
There are 27 occasions of charges between the dates of 06/09/02 - 02/09/05 with a total cost of £788.00 and £48.72 in interest charges = £836.72
with 8% total £1013.40
Sounds good to me, you've added all of the main points in. Good luck with the 8%
Lloyds TSB - Data Protection Act sent 19/05/06, received 1/06/06 Pre sent 02/06/06 asking for £2501.06, received 13/06/06 Blah Blah Blah LBA sent 20/06/06, received BLahblhALBhl
.....
Sent off AQ to the courts.....just waiting now
Sounds good to me, you've added all of the main points in. Good luck with the 8%
8% is absolutely fine at this stage. Sorry I can't comment on what you have put in the claim as I still need to get my head round the whole Moneyclaim thing.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
FILLING THIS MONEY CLAIM FORM OUT IS NOT AS EASY AS I THOUGHT YOU ONLY GET 24 LINES AND 1080 CHARACTERS NOTNEARLY ENOUGH.
ANYWAY MY FILING DATE IS 22/06/06 AND THIS IS MY FINAL DRAUGHT FOR CLAIM
PLEASE ANY AMMENDMENTS OR OBSERVATIONS THX
Claim for refund of punitive charges on acc
XXXXXXXXX.Action on grounds that I had a
contract with the defendant which was
conducted by their standard terms and cond.
I’m claiming the return of money taken by
the defendant in charges over 4 years plus
the interest levied on those charges. The
bank's charges are a disproportionate
penalty and unenforceable as they are con-
trary to common law. Further, as a dispro-
portionate penalty they are invalid under
the Unfair Contracts Terms Act 1977 s.4
and under the Unfair Terms in consumer
contract regs 1999. Para.8 and sch.2 (1)
(e). In the event that the charges are
not a penalty then they are unreasonable
within the meaning of the Supply of Goods
and Services Act 1982 s.15.Under sec 69
of the county courts act All charges will
be liable to 8% annual intrest 0.022%
daily .There are 27 charges between the
dates of 06/09/02-02/09/05 with a total
cost of £783.50. and £44.68 intrest.total +
8% intrest on penalties =£1012.10.22/06/06
Update
Court Claim Filed On 22/06/06
Recieved An Acknoledgment Of Service Of My Claim From A&l They Have Got Themselves Solcitors
Group Legal Services
Carlton Park
Narborough
Leicester
And Have Taken The Maximum 28 Days In Which To File Their Defence
Which They Have Ticked The Box They Intend To Defend All Of The Claim.
The Lines Have Been Drawn.
Must Admit Flapped A Little At This Point But This Is The Norm Right?some support at rhis point would be appreciated,any comments?advise?
Must Admit Flapped A Little At This Point But This Is The Norm Right?some support at rhis point would be appreciated,any comments?advise?
Hey, Jimbo.
I wouldn't worry at the moment if I were you - look round the site and you'll see it isn't the 1st time they've made the same threats.
Though I'm no expert, I'd say they are probably just rattling their sabres in the hope of frightening you. And let's face it, who wouldn't be frightened in your situation?
You knew before you started that there is always the risk of having to go all the way on this - and that means court. So 'gird your loins' just in case.
However, take hope from the fact that they have gone this far before only to cave soon after.
I'm a great believer in crossing my bridges only as I come to them, no point anticipating the worst dude.
Take heart from the fact that every A&L victim is rootin' for ya.
Thx Youngnfree
Sometimes We Just Need Someone To Tell Us To Stick To Our Guns And Not Get Down Thats Why These Forums Are Great
No Response Yet From A&l Will Keep Thread Updated
Vs The Big Boys
Reply With Quote
Originally Posted by jimlayton
