Preliminary Letters

[JamPal]

I notice a lot of people here sending letters and making lots of phone calls and generaly argueing with the banks before sending an LBA.

 

I can't really see the point to be honest, and just wondered if any one had had any success getting their money back without starting small claims court proceedings?

 

 

All I did was sent an LBA. When they failed to meet my 14 day dealine I filed at moneyclaim online. Within a few days I had my money back. This seems to be a stress free method as I didn't have any conversations or letters to and forth with my banlk/ I really couldn't see the point.

[alanfromderby]

I notice a lot of people here sending letters and making lots of phone calls and generally arguing with the banks before sending an LBA.

 

I can't really see the point to be honest, and just wondered if any one had had any success getting their money back without starting small claims court proceedings?

 

 

All I did was sent an LBA. When they failed to meet my 14 day dealine I filed at moneyclaim online. Within a few days I had my money back. This seems to be a stress free method as I didn't have any conversations or letters to and forth with my banlk/ I really couldn't see the point.

 

If that worked for you then great. However, many banks are looking for loopholes, and any means they can to delay or sidestep claims.

 

I would agree that ringing the bank is often pointless, although some users with small amounts have got results from doing that.

 

Sending a preliminary letter has two reasons. Firstly it ensures that you keep within the County Court rules that state that the defendant should have a reasonable time to resolve the matter before action. They say that 28 days is considered to be reasonable.

 

Secondly, by sending two letters, it becomes very difficult for the bank to argue that they had not received any notice. One lost letter is arguable, two starts to form a picture.

 

Really it is a case of ensuring that you do everything by the book - in that way, if it does go to court, the judge will not have any reason to find fault with how you have acted.