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 have Just recieved a letter offering me a measley £40 from alliance & leicester when they owe me £641
I dont know what to do next,
Please help me
Leanne
Original letter
Due to recent media coverage on bank charges I now believe that you, Alliance & Leicester Plc
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 £641.00, representing the total, unlawful
amount charged during the last 4 years.
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.
Yours sincerely,
Reject their (generous) offer. You will find a template for rejecting offers and a template for a 7 day letter before action. Play around with the two so you end up with a letter rejecting their (generous) offer and giving them another 7 days to comply with your request before you start court action against them.
Thankyou for your reply, i have found the template you mentioned, but as for filing court action i have no idea how to proceed, is there anywhere that tells you how to go about doing this?
Thankyou for your reply, i have found the template you mentioned, but as for filing court action i have no idea how to proceed, is there anywhere that tells you how to go about doing this?
~Thankyou
The best advice anyone can give you tequila is to spend a few hours (better still a few days) reading round the CAG site.
Read some of the threads on the A&L and A&L SUCCESS forums to see what other claimants are going/have gone through, that way you'll know what to expect.
Also have a good look through the FAQs, so that you'll be 'tooled-up' with everything you need to follow through your claim.
We'll be here to advise and encourage, but ultimately it's your claim and we can't do it for you. Remember, you are threatening to take the bank to court, which is a serious undertaking, and though there is a high %age rate of success on this forum it will be a roller-coaster ride for you, so should not be entered into without knowing what you're doing.
Thankyou for your reply, i have found the template you mentioned, but as for filing court action i have no idea how to proceed, is there anywhere that tells you how to go about doing this?
~Thankyou
as stated by young and free - the FAQ and step by step instructions are there - also keep reading all our threads on A&L there are a lot of us at the same stage.
At the top there is a search button - go to advanced search and look for threads by Michael Browne ( he should be paying me commission by now!) They are very clear and tell you verything you need to know.
Keep your questions to your own threads if you are not sure about something
I sent the standard template letter from the BBC site to A&L reclaiming £482.00 of unfair bank charges. They sent me a reply basically saying that everything that had so far been decided as unfair by the courts were for charges that banks made on Credit Cards and had actually nothing to do with bank accounts (what a load of rubbish). Went to the Banking ombudman's site, downloaded a form from there, filled it in & sent it off with a copy of my original letter to A&L, the reply the sent. Received a nice reply from the Ombudsman a week later, that it was being dealt with but could take some time. Today (4weeks later) a reply from the Ombudsmans saying A&L wanted to settle the account out of court and would £728.00 be acceptable and please sign and return this paper if it is, so I have and now await the return of my money...so don't despair get the Ombudsman to help if all else fails or you feel going to court would be too much.
Good Luck and Best wishes
Baj
smile - £402+
A&L - £728.00(awarded)
CT returned by baliff to council, monthly payment reduction from £300+ down to £50
A&L Please Help me
Reply With Quote
Originally Posted by tequilacat1983
(what a load of rubbish). Went to the Banking ombudman's site, downloaded a form from there, filled it in & sent it off with a copy of my original letter to A&L, the reply the sent. Received a nice reply from the 