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 a current account with Barclays, which went over drawn a couple of months ago.
I asked the bank to stop the direct debit on the account becuase of financal difficaltys, but they did'nt and my account went over drawn by £72 and I dont have an overdraft so they added loads of charges the last letter i had was for £145
They have been sending me letters, but I have not been able to pay it off
My freind said I should call them and tell them that if they took off the charges I could pay it off in full this coming weekend which i did last week they said they would put a note on my account.
Today I got a termination notice saying that I have to pay £172.25 and 11p interest per day by christmas eve or they will take me to court.
there is no way I can pay it off by then with out taking it out of the rent money and i am already behind
I am so worried what should I do?
Well you could reasonably play them at their own game & tell them you won't pay them a penny until the legalities of the charges have been cleared up by the upcoming OFT test case.
This termination notice, is this for closure of your account?
The terrination notice says that my account would be closed on 24/12/07 and that I had to pay everything back by then. I went to the cash point last night to see if they had removed the charges and the machine ate my card
I really do not understand why they have done this as i they knew I would be paying money in on saturday
Ok, that's actually good news, although you will now need to open another account (not with Lloyds!)
Pay in only the amount that you were overdrawn by. Then write them a letter saying if they want the charges then they can take you to court for them & you will apply for a stay until the outcome of the OFT test case.
This letter is just for you to obtain all the data they hold about you, which includes all transaction details (statements). The dispute only begins when you start the court process.
will his make my account disputed and stop them taking me to court?
Not as such, they will send it to Collections and then possibly a Debt Collecting Agency. At that point you send them a letter that the debt is in dispute and they (in theory) then have to cease further action until the dispute is resolved
In the meantime you will be making a claim against them for your charges