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.
Hello. First post here. I'm in need of some advice.
A couple of days ago, I recieved a letter from Calder Financial concerning an unpaid balance on my Barclaycard. Now, true, I have missed a number of payments - however this is due to me being out of work for a long period of time for personal reasons - but the letter states my account has now been passed to this agency.
I planned to phone them up - however about 30 minutes ago, I received a call on my mobile (not my landline, which confused me) saying that they needed a payment from me otherwise it would be passed to a court when - they said - would probably result in an attachment of earnings, or bailiffs. They asked for £100 by 6pm tonight, to which I explained I could do nothing until the 5th Jan when I get paid. They seemed to ignore this, and continued to say they needed a payment of £100 by 6pm today, and then they could hold action while they can come to agreement until the end of next month. Still, I insisted I could not make a payment until the 4th, so they gave me a mobile number (because their call centre was closed) to ring them back on by 6pm. Obviously, there isn't anything I can do, because I certainly do not have £100 to give, especially during the holidays.
This has made me really upset and down, as I'm juggling enough debt as it is. So, I have no idea what to do, can anyone help?
Thanks.
Do not pay them anything over the phone. Insist they communicate in writing only.
This sounds very suspicious. Don't phone them. Don't talk to them.
Are you sure it was actually that company? The other things they said are standard phone bullying.
Don't be bullied.
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
Hello. First post here. I'm in need of some advice.
A couple of days ago, I recieved a letter from Calder Financial concerning an unpaid balance on my Barclaycard. Now, true, I have missed a number of payments - however this is due to me being out of work for a long period of time for personal reasons - but the letter states my account has now been passed to this agency.
I planned to phone them up - however about 30 minutes ago, I received a call on my mobile (not my landline, which confused me) saying that they needed a payment from me otherwise it would be passed to a court when - they said - would probably result in an attachment of earnings, or bailiffs. They asked for £100 by 6pm tonight, to which I explained I could do nothing until the 5th Jan when I get paid. They seemed to ignore this, and continued to say they needed a payment of £100 by 6pm today, and then they could hold action while they can come to agreement until the end of next month. Still, I insisted I could not make a payment until the 4th, so they gave me a mobile number (because their call centre was closed) to ring them back on by 6pm. Obviously, there isn't anything I can do, because I certainly do not have £100 to give, especially during the holidays.
This has made me really upset and down, as I'm juggling enough debt as it is. So, I have no idea what to do, can anyone help?
Thanks.
This could be a con! Why would they insist on you phoning them back on to a mobile number - you could be giving your card details to anyone!
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
As mentioned if they phone back just say everything in writing and END the call.
DONT fall for the trick of giving your card number so they can take out a payment on 6th or whenever!
In fact NEVER pay these vultures with a card or direct debit, you cannot control what they might take!
Have you got the mobile number still? Did they give you a name? Did they say they were calling from Calder? Pass it on to the police as a possible attempt of theft or misappropriation or whatever.
My suspicious mind leads me in the direction of employees chancing their arm in the knowledge that no-one ever questions or fights back. This could be yet another dirty and nasty side of the type of people DCAs employ.
Also send a letter to Calder telling them exactly what happened and that you want assurances from them that this was an official call (don't sign it).
Remember that they will want calls recorded, won't they!! So a mobile is most unlikely!
If this was not an official call then they've been very, very lax with your personal data. And that should be reported and investigated thoroughly, complaints procedures, IC etc. It might lead to some hapless employee getting his just desserts, ie the sack! And the company required to overhaul it's procedures (expensive and time consuming).
Puts them right on the back foot with you, they have to address this before anything else.
These are common scare tactics and bailiffs or attachment orders are only issued by a court order after a CCJ has been defaulted on.....you are a long, long way from that.
Now is a good time to take control so you know exactly where you stand and are not bullied into making payment decisions based on their greed rather then your needs
You need to send a CCA request to the DCA and start the ball rolling, if they can't produce an executed credit agreement then the debt can not be enforced by a court so any threats are idle....
This is about giving you control and you will feel more confident in dealing with the letters or phone calls when they happen
Read the many threads of folk who all share the same problem and you will see you are not alone and you can start to regain confidence in dealing with your debts
Use this letter which is letter N in the template library and send by recorded delivery to the DCA that sent you the letter
dont sign the letter because they can lift your signature and send a postal order for £1 or a cheque signed by someone else
They have 12+2 days to comply and a month after that they are committing an offence and the account is in dispute, if they send you a copy of the agreement post it up in this thread and let the experts here look over it to tell you if its executed in the correct manner
Good Luck
Berty
PS, This is my thread so you can see how I am delaing with my creditors
Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
1 High Street,
Newtown,
Kent
R21 4RH
June 28, 2006
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Re:− Account/Reference Number 4563210025897412
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.