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 been helping many friends and relatives claim back their bank charges as part of a personal mission usually with great success.
Thismorning i received a phone call from a friend who i helped with a claim against the RBS. She had been made an offer of £2700 on a £3800 claim that had been stayed by our local county court.
Being very desperate for some cash she reluctantly accepted the offer and has been waiting for over a month for the cheque, as she thought her account was closed.
What she failed to mention to me was that she did one of those (IVA) things a year or so ago, and her rbs account was included in this.
When she called to chase up the cheque, she was informed that the money had been payed into her account and that they had taken back what they said she owed them.
This left her with £40 in her account which has now been closed properly and they have sent her a cheque for the credit ballance.
If she had known that this was going to happen, she would never have accepted the offer and would have waited for the outcome of the test case and still have had a few quid to play with.
I am aware that the rbs are probably well within their rights to do this, however, if anyone knows a way it can be contested, i would be very gratefull for your comments.
Equally if anyone knows that it is all above board and there is nothing else that can be done, it would save her a lot of time and worry if you could let me know.
If your friend was on an IVA RBoS shouldn't have taken the reclaimed charges and kept them. They really should have been distributed amongst all creditors to my knowledge.
Might be worth posting this one up in the debt forum for some more comments/advice.
As Hedgey states RBS do not have the right to hand themselves this money. It should be spread amongst the other creditors as well on a pro-rata basis. An IVA is a legally binding agreement. RBS are trying to ignore that fact. She needs to get in touch with her Insolvency Practitioner regarding this matter. The IP should sort it out for her.