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 £12K loan outstanding with Egg, due to stress I gave was signed off from work in July. Am training and working 2hrs per week, but get benefits as single mum. I went to CCCS, who told me to write to creditors offering £1 per month until my circumstances improve, thus the £1 token gesture admits my responsibility to the loan.
EGG passed loan to solicitors, DLC who call me daily to tell me that this is unacceptable (obviously) and that they will have to pass it to county court, and I will be charged all the court fees. They want me to send proof of me being in receipt of benefits, which I refused as I have sent a financial statement from the CCCS. In fact I have sent 2 with my £1 payments, which they deny recieving - so I transfered the second £1 by bank transfer as proof. Surely, I don't have to send them these?
I explained that I was happy to go to Court as I admit liaibility for the loan, have offered a fee and that I would gladly show proof of earnings to the Court.
When I asked for her name, she refused to give her surname - touche I said.
Any advise??
As far as i am aware, Egg & DLC should not be contacting you directly, they should be going through CCCS. I believe this is against OFT guidelines. I'm assuming that CCCS give you a reference number, when you write to them, ensure this is included.
I wondered if there are any charges on the loan? These could still be claimed. If there are, it would be worth sending a S.A.R.
As soon as i come across any relevant info i will post it up for you.
the creditor does have the right to pursue the debt through the county courts, being on an informal debt management plan with CCCS unfortunately doesn't offer any protection to that.
However, you have being entirely honest and upfront with your debt, from the moment you went into financial difficulty you contacted CCCS, a registered debt chartity to act on your behalf and offer what you can realistically afford. The fact of the matter is the judge will take a dim view of the claimant, you have already drawn up an I/E report and offered what you can afford which is exactly what the judge will ask you to do. It really infuriates me when debt collection agencies such as DLC try and pressure debtors into paying what they just cannot afford and threating legal action to get what they want.
lol i didn't even notice the date of their first post!!
In theory yes, when you join with CCCS they ask you to sign a letter authorising them to act on your behalf and they subsequently ask all creditors to send any correspondance to them directly. But whenever a DCA gets involved they very rarely do so, normally their first act of business is a threatening phone call to the debtor. In that situation yes the debtor should most certaintly make a complaint to trading standards under harrassment.
EGG Loan
, due to stress I gave was signed off from work in July. Am training and working 2hrs per week, but get benefits as single mum. I went to CCCS, who told me to write to creditors offering £1 per month until my circumstances improve, thus the £1 token gesture admits my responsibility to the loan.
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