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 was hoping someone might be able to give me some advice on the following tale of woe.
I began the reclaiming procedure and was made a partial offer, I accepted this as money is tight and I couldnt wait, and I could sniff the recent OFT action was looming.
I waited like a good boy and heard no more, I contacted the court who said I should go for a warrant of execution, which I did. Wragge then contact me to tell me that A&L had paid the money into my old account, deducted an alledged overdraft, then closed my account and sent a cheque for the remainder to my old address, even though my new address was on all the legal papers. phewwwwwwww
My questions are these.
1 as they closed my account I can not verify they actually paid me, so does that count as payment?
2 I have never actually received the money stipulated on the judgement, so is this legal?
3 I am led to believe that the bailiffs will continue to recover the money for a year from the date of the warrant, Will they accept this feeble excuse from A&L or insist on the money?
Did you get the cheque for the remainder of the balance ?
If not they will know from their records it has not been cashed ?
I will have to read up about deducting form OD - have seen other threads on this but not sure what the answer is .
Will come back to you after some research - unless someone more experienced answers first
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
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offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Hi Jan,
Thanks for the reply.
In answer to your question I have received nothing yet, the cheque they sent to my old address has been cancelled and they paid the remainder to the court who are holding it until it clears in a day or so.
I must admit it isnt something I have been able to find on here, I dispute the overdraft anyway, but I just dont think they can spend my money without my permission? the court awarded the money to me, and they have taken control of it and without consent spent it. It just dont seem right to me?
Sorry I have not had time to read the whole thread - but it may cover some of your questions.
Personally I would call cutomer services and ask them for a closing statement to be sent to your new address and also ask what they intend to do about the balance as it was their fault they sent to the wrong address.
Check on you later
Jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Whats a Cheek
, which I did. Wragge then contact me to tell me that A&L had paid the money into my old account, deducted an alledged overdraft
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