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 All,
Firstly hello... im new to the forum and i hope i can be of assistance to you all should a question arrise i can give advice to.
However i need your help first.
My bank with out a challenge (RBS) returned all charges to me £3750, however i had a IPP (individual payment plan) set up on my account with a debt management company when i consolidated all my debts.
I owed the bank including my overdraft and loan £12,000.
Here is the tricky bit... they said they were willing to give me my refund (goodwill) and i had to sign a form which i did asking for a cheque as i cant use my RBS anymore under my IPP agreement.
Then i received a letter this week saying that as there is an outstanding debt on my account the £3750 will be placed in my account to pay off some of the money owed leaving me the remainder for me to pay in line with my IPP.
Can they do this? i have other debtors id rather pay off first and im in the process of getting divorced which will be a costly thing for me, so the return of my fees in cheque to my current Halifax account would be better.
Is RBS correct in doing this or are they trying to pull a fast one??
Please help
They will try to do this - and sometimes a court will deem this reasonable... however you do have whats known as the "right of appropriation" which basically means you can specify how you want the cash... and it is then up to you what you do with it. I cant really go into more detail right now but I will when i get back - but the short answer is - you can demand payment in a cheque
Hi there as your acceptance was for cheque then refuse this and continue to court, the fos helped someone in exactly the same boat as you a few weeks ago so it may be worth calling them.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.