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'm a student studying A levels and only receive 30 pounds a week EMA, education maintenance allowance
A while ago i entered into a contract with orange, i won't get into the details as it will take forever and confuse many but they charged me for something which they shouldn't roughly 48 pounds but this was unfair and i think unlawful
I have not done anything as of yet, with the help of my parents i wrote them letters stating i would not pay, and why
They passed this onto moorcroft who have now i believe passed this onto NCO
A few weeks back i received a letter from NCO demanding payment, i did not respond
I have received a card today through the post saying thye will call on tues between 9am and 9pm
on Tuesday my family are on holiday, i am not as i need to revise for my Summer a level modules, but i'm very scared, i'm also scared to step foot outside the house at all on Tues in case they're watching me!
maybe i'm being paranoid, i don't know
what are their rights? will they take things such as my laptop etc?
Stacey I believe they cant cold call and must agree an appointment with you (which you never have to agree to) so if your in dont answer, keep in control and inform them that you will only deal with them postaly if thats a word, If you do answer tell them they are tresspassing and to communicate via mail only
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Its highly, highly unlikely that anyone will come to visit you, the intention is to scare you into calling them. DONT. Have a read through the site and you'll find lots of similar posts and advice to consider.
If anyone representing NCO did call, then they would have absolutly no rights whatsoever. Tell them to bugger off and call the police if they don't go. They cannot take anything from you.
When I was told to expect a visit I printed the following onto a sheet of A4 ready to hand over to the caller. For us it was a meaningless threat but this did make us feel better and it will hopefully help you as well.
Strictly no visits or meetings with any company agent or representative unless previously arranged and agreed to in writing.
Please be aware that there is only an implied license under English Common Law for certain people to visit a property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Please therefore take note that we revoke license under English Common Law for any agents or representatives to visit this property and if an agent or representative should do so without prior written permission from us, then they and their company will be liable to damages for a tort of trespass.
Concentrate on your studies and dont let these parasites distract you. If they write threatening again, post the details up here for more good advice and help.
Hi Stacey, please don't worry so much. I know this must be quite scary for you but as stated above these postcards are designed to scare you into phoning them - which you mustn't do, they will only try to bully you into promising payment.
You need to send NCO a letter (by recorded delivery) advising them that the account is in dispute with orange. There is a letter somewhere on the site and I will see if I can find it for you.
Kind Regards
Ell-enn
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Stacey, can I ask if you signed the agreement with orange, and if so, how old you were at the time?
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
I would like to inform you that the balance of these accounts are in dispute with the original creditor due to unlawful charges Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.
As per OFT guidline Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried ordisputed debt."
your faithfully
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Thanks for your help i will send that letter tommorow, yes i entered a contract i was 18 it was only recently, they charged me the first month's fees when i signed it, then i came to cancel it 4 days later, but they charged me an additional 50 pounds for allowance which i haven't used
so basically yes i signed the contract but they charged me for something they shouldn't have
Hello i'm new and desperately worried
, i won't get into the details as it will take forever and confuse many but they charged me for something which they shouldn't roughly 48 pounds but this was unfair and i think unlawful
Reply With Quote
