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.
Been paying the above for 2 HFC accounts (1 fixed term, 1 C/card which is much larger), since July 2006.
In April this year I SAR'ed HFC, (still ongoing as yet to come up with the CCA for the C/card).
Weightmans returned my cheque for June saying that the accounts had been returned to HFC - then continued to demand payment for the smaller fixed term account.
Wrote asking them what they were playing at. They wrote saying that they still had the fixed term but that the C/card account was returned to HFC on 28 December 2006!!! (Which they did not tell me).
The SAR confirms that all of the money I have paid has actually been credited to the Fixed Term, the C/Card account is static.
They returned the June cheque saying the could not process as it refers to both account numbers on the back. In fact every cheque I have ever sent them had on the back:
Refers to account numbers ********** & ***********
In short they have let me believe that they were still acting for both accounts when clearly they were not, until that is the SAR caught them out. Now all of a sudden, they can't take a cheque with both numbers on the back.
Question: Is there any way of proving what was written on the back of cheques, (alas,I have no copies)? Is there any action I can take against this lowlife outfit?
Your bank will have copies of the cheques but may charge you for them.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Also even if there is no CCJ they should in line with county court rules have set any payment by you but not specified by you against the larger of the debts
Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.
c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers
d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with debt management companies
f. passing on debtor details to debt management companies without the
debtors' informed prior consent
g. failing to refer on to the creditor reasonable offers to pay by instalments
h. not passing on payments received within a reasonable time resulting in
delays that adversely affect a debtor's financial position.
This may apply, not sure...I would say that paying off one account in preference to the 2 they were handling especially when you marked the cheques for payments to be applied to both. If they failed to pass payment to the OC on the account that was passed back, that's wrong IMO.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
I think HFC/Weightmans must have realised they could have a prob at some point in the future and just went with the smaller account.
Good new is that the C/Card was for better than 10K
Opinion is that the CCA for the fixed term (2.7K) would work in court if they haven't screwed up somewhere else.
Still wondering how I can get at them legally? After all, they are practicing solicitors. Stir up enough trouble and mabey get it down to peanuts or a write off.
BB - would the bank have copies of what was on the back of the cheques?
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
These payments were being made on a pro-rata basis with the amounts paid to various creditors in relation to the debt ammount.
If the debt had dropped from getting on for 13K to less than 3K that would have left them well down on the payment structure. Hence the deception, which by the way, HFC must have conived in..
Going to get onto the bank re the cheques and if that comes good they are in trouble.
Weightmans- Something stinks
'ed HFC, (still ongoing as yet to come up with the CCA for the C/card).
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