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.
Hi everyone, had some great help on here reading through lots of threads, so thanks already but a few questions.
I posted a letter received by my local branch on 27/04/07 (used the template here) claiming £143 worth of charges (all unpaid D/D's). Got a response on the last of the 14 day period claiming they are looking into it.
Now i havent received anything since, am i right in thinking i can take this to court now? I gave them 14days in the original letter or court action and it has still not been resolved.
If so, im filling in the N1 form now, but a bit confused in the charges section. I have completed the spreadsheet and calculated 8% interest on the individual charges...
Now what do i enter on the N1 form in this format?...
Charges £143.00 overdraft Interest £xxx.xx
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx
TOTAL £ xx.xx
Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.
Thankyou for any help, i will keep this updated as progress is made
Hang on a sec, have you sent the preliminary letter, and/ or the letter before action?
If you have sent the LBA before prelim one, that's a bit too harsh, you need to show the court you attempted to communicate with the bank to come to an agreement. You should have sent a prelim letter first.
If you have sent the prelim letter, send them a letter before action (give them 7 or 14 days to respond positively, up to you) before you fill an N1 form in and get it in to the small claims track.
Bank Address
Dear Sir/Madam
Regarding: Account details
Due to recent media coverage on bank charges I now believe that you, Natwest Bank have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.
Furthermore if you fail to comply with this letter, I request without further notice a Breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).
Therefore I require you to refund me a total of £143.00, representing the total, unlawful amount charged during the last 6 years. Copies of statements showing these charges are included.
I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.
I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.
Try and fill in the complex version, notes on LHS of sheet, will help you with statutory interest calculation at court stage. A lot to read I know, but worth it, whatever amount you are claiming.
Question regarding interest. I have an interest free overdraft, and the overdrawn amount was paid back after the fee had been placed (therefor incurring only a tiny amount of interest), as this is the case can i still claim 8% interest from dates of charges if it goes to court?
Well i sent another letter, template off here threatening court action, and they sent a letter back, albeit after the 14day period, to deny liability, but in this instance will refund the charges. Whooooooo.
Terry v Natwest **WON**
Interest £xxx.xx
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Hang on a sec, have you sent the preliminary letter, and/ or the 
