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.
Update Sept 2008, Lowell Have Closed Their File - No Cca Provided
UPDATE - SEE LAST POST - LOWELL HAVE CLOSED THE FILE WITH A £0.00 BALANCE AFTER NO CCA PROVIDED
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Hi, my partner and I have recently decided to tackle our debts rather than ignore them, and try to set up affordable payments to companies minus unfair charges.
we are being chased by Red and Hamptons - two separate debt collectors for a sum of £13,019.05. Lowell own both of these companies
This was for a bank account and loan that defaulted in 2003. No payments have been made since and a large portion of this is charges.
The last two letters I have are:
14th Jan 08 from Hamptons advising legal action may be taken leading to further charges.
15th Feb 08 from Red advising this has been passed to the Statutory Demand Processing Unit.
Not sure why two comapnies are dealing with this as calls are received from both and nothing else has been received except for loads and loads of calls where they won't speak to me as in partners name and he works 7am to 8pm as a driver and can't take calls!!! They call my mobile though as last DC involved had permisiion for me to speak to but Red or Hamptons won't accept this yet still they call it. Quite often no one talks their end but I know the number calling is them.
We accept we owe money although we haven't told them this but find the excessive charges unfair and do not believe these should be included.
Can anyone advise of how we should tackle this. I have read many posts and it seems that this is not uncommon.
This lot are both in the same stable of companies.
As there are penalty charges involved & if you feel you must pay them I should calculate how much they owe you in charges & interest Then deduct that figure from what they claim you owe them.
But before you do anything make a CCA 1974 Sec77-79 request for a true copy of the properly executed agreement thereby placing the debt in dispute - details how to do this & template letter on the site
Obviously Id rather not pay!!! but we can't be in debt forever and well it isn't going to go away. We were hoping the amount of charges were taken off this would vastly remove the amount owing.
Direct Auto Finance & DLCdispute ongoing. Offer with confidentually agreement from DLC / DAF DECLINED
Please PM me if you have any cheap rate or 0800 number for DCA's to add to my list and also to my website
Advice from many members is don't sign your name, on these requests just pint
secondly send a postal order, it appears some of the devious company could scan your signature and paste it on to a document
& do as suggested - If you feel you must pay (Note: it's my experience that having been passed to these companies that no valid agreement exists) work out what you think your owed in bank charges then deduct this from the balance they claim is outstanding & offer that as full & final
received another phone cal last nigth from these people - admitedly the girl was ok certainly not unpleasant as I have read on here so I guess I was lucky I just explained what I have sent and what I was after as we are disputing the amount and want to know what the balance has been made up from.
She said usual thing - putting on hold until this has been sent to me and was quite pleasant!!!! I nearly fainted in shock. She must have just earned her comission on her previous call and got some other poor sod to pay prior to speaking to me
Direct Auto Finance & DLCdispute ongoing. Offer with confidentually agreement from DLC / DAF DECLINED
Please PM me if you have any cheap rate or 0800 number for DCA's to add to my list and also to my website
Us I'm sorry to say this but had you taken the time to read the often stated advice on this site you would have seen that everyone is advised NOT to talk to these people either on the phone or in person.
Everything, but everything should be in writing & even that must be done with extreme caution.
It's now possible that even though the debt be unenforceable through being time barred or any other reason by talking on the phone it might be said you have acknowledged the debt is enforceable & are now liable to pay it.
It may also be the reason why the caller was so pleasant - if scaring the hell of a debtor doesn't work try the softly softly approach
Sorry to appear brutal & I may get a rollicking from the mods for saying it as it's not really my place but if members won't listen to well founded advice based on the, often hard won experience of others then they only have themselves to blame if it goes pear shaped
Rant over Please let us know what they send you & if it is unenforceable then we will be able to advise accordingly
Acknowledgement of a debt has to be in writing to affect its time barred status.
That being said, the NEVER talk on the phone rule should be adhered to at all times unless you are supremely confident, thick skinned and can cite the relevant legislation at will to counter the bogus law points DCA's will throw at you.
Sorry to appear brutal & I may get a rollicking from the mods for saying it as it's not really my place but if members won't listen to well founded advice based on the, often hard won experience of others then they only have themselves to blame if it goes pear shaped
Joncris does have a good point here also.
Although some advice may seem contradictory at times, it soon evens itself out as various contributors correct, amend or just add to good arguments.
Stay with CAG for the long haul, its the best advice you will get and a damned sight cheaper than any Law firm can offer.
Of course I will pay you everything you say I owe with no proof.
Oooh Look....Flying Pigs
"Acknowledgement of a debt has to be in writing to affect its time barred status." unquote
In a perfect world perhaps but courts have accepted the word of creditors & often DCA's that the debtor did accept the debt was enforceable & won as a result.
In fact as I recall it's happened to some members of this site who didn't follow the Golden Rule NEVER EVER talk on the phone - UNLESS you can record what's being said
Hi Jon, I agree with what you say and I understnadn about not admitting to the amount or even the debt.
Its a bit difficult not to speak to these guys when they ring several times a day - t least now hopefuly it will go quiet whilst they sort out my CCA. I work during the day so miss most of their lovely calls.
I have said to them when they phoned that a CCA and SAR ihas been sent to establish whther we owe this debt at all and will not do anything else until this information is sent.
Both my aprtner and I know the account and loan is real but we don't know whether the debt is correct or whether there are unfair charges but we certainly have not said this to the DCA - just advised them of the sent letter.
Direct Auto Finance & DLCdispute ongoing. Offer with confidentually agreement from DLC / DAF DECLINED
Please PM me if you have any cheap rate or 0800 number for DCA's to add to my list and also to my website
Update Sept 2008, Lowell Have Closed Their File - No Cca Provided
for a sum of £13,019.05. Lowell own both of these companies
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