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.
I sent A&L my lba on 19th May giving them 7 days for a response before starting court proceedings. I recieved a letter from them on the 29th May saying they were 'looking into my claim'.
I waited a bit longer (till 4th June) to hear from them, but heard nothing. So I started my MCOL.
I receive a settlement offer on the 14th June of £276 (i'm claiming nearly £2000 before interest) but I don't think at this point they are aware I've started court proceedings.
Should I reply declining there offer now and mention that I have begun court proceedings against them or wait to see if they defend before taking further action?
Hi holymoly,
Use this link http://www.consumeractiongroup.co.uk...ng-offers.html to send a rejection letter to them. If its an offer from the bank use letter 5 , if its from their solicitors use letter 6.
Hope this helps.
I received a second offer from A&L yesterday (cheque) for £396.00. My girlfriend thinks I should accept this (even though my claim is for nearly £2,500).
I would like to decline this offer, however, if I do take it further are there any other costs involved with taking it to court?
The charges I am claiming back are:
Paid Item Charges
Monthly OD Charges
Failed direct debit Charges
Failed Standing Order Charges
I have also received a letter from Wragge & Co (single page) which states that they are going to defend, Should I reply to this or wait for the standard 8 page letter I've heard about?
If you want to carry on you have to be prepared to go to court - even though they may settle before.
Keep reading our threads here and other bank forums as well as reading FAQ - step by step instructions / library templates and threads started by Michael Browne before you decide what to do.
the court costs vary on how much you are claiming and there are instructions / opinions out there about filing by N1 or MCOL.
If they settle after starting proceedings your payment should include your costs.
I am prepared to take this all the way, however, I have read somewhere about an allocation questionnaire which costs a further £100 (a cost which I can't really afford at the moment).
At what point would I have to complete this?
Would it be advantageous at the moment to write to the bank offering to accept a settlement of the £1,900 charges and forgetting about the interest?
I recieved today the 6 page defence from Wragge and Co and am in the process of writing to them as they have requested the list of charges.
Is what I have written below adequate, Ive been looking for a template but can't seem to find one!
Dear sir/madam
Please find enclosed a schedule of charges imposed by the Defendant to my account as mentioned within the defence. The defendant and also the county court are in receipt of the same schedule.
Please note that the schedule does not include 8% statutory interest, which I am also claiming.
I am at the point of my claim where A&L have defended and the case is being transferred to my local court. I am still waiting to hear from the court (Chichester I assume).
However, I think I may have done my charges sheet wrongly as I have included the interest they have charged on my unauthorised overdraft and also may have mis-calculated the 8% interest.
If you have mdae a mistake you can change your claim but i think the fee is £35 and unfortunately you can claim this bac. I'm just searching the forums for the help on SoC, it is pretty informative and will help you find ut if you have made a mistake or not
************************* **************
Feels like a lost little girl x
I called the court and they sent me out another N1 (I think) form to fill in. I think I may change the whole of my POC as I didn't use the one from here (stupidily) if I can.
I also asked when I can expect a court date they said it will probably be the end of September.
the bank have sent me some more N1 forms after I called them asking if I could change my claim (because I wrongly calculated the interest etc).
Is it worth changing my POC aswell (if I can)?
Below is what I have submitted already however I filed my claim before discovering CAG so I wrote what was on another website (thisismoney.co.uk/bankcharges).
POC:
Between [insert date of first and last charge] the Defendant applied a number of default charges to the Claimant's current account.
These charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft. Furthermore they are a breach of the Unfair Terms in
Consumer Contracts Regulations 1999 which state: 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation.'
A charge is deemed to be penalty if, in reference to the case of Wilson v Love in 1896, it does not reflect the true cost of an item.
I am entitled to claim interest at 8 per cent per annum from the date when charges were first applied to my account until a judgment is made.
The Claimant asks the court to enter judgment in their favour for the sum of £xxxxx plus interest.
HolyMoly v A&L: Do I Reply??
on 19th May giving them 7 days for a response before starting court proceedings. I recieved a letter from them on the 29th May saying they were 'looking into my claim'.
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Re: HolyMoly v A&L: Do I Reply??
