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.
In 2004, i hit financial hardship, out of work, no monies coming in. I had three accounts with RBOS, Joint Acc & two personal accounts. Bank closed all three and threatened me with Default Notice unless i agreed to terms to pay back. Since i have been paying monthly, never missed £50 and now up to £65. At no time despit constant requests have i been given a balance statement or what the interest actually is or an end date. The original debt was £6,338.12. As of the 17.6.08, from a verbal communication from RBOS, i have payed back £9214, but i apparently owe £7,583, which is nothing short of fraud. They phoned me as a "matter of urgency" on the 17.6.08, to say that due to new requirements, they will immediately be raising the monthly payment to £158 or they will accept a full payment of £3900 or they will refer to there legal dept. If i was to pay that full amount which i cannot afford to, i will have paid them back £16,791, for a debt of £6,338. But with no end date, there is literally no end to this. What the hell can i do to fight this
1 - Send S.A.R - (Subject access request), don't forget to include £10.
2 - Advise them that since you don't agree that you can possibly be owing that much, you are disputing the whole amount at the very least until your SAR has been complied with so you can ascertain where those allegedly owed amounts have come from.
3 - Remind them that disputed accounts should not be passed to collection, and that is they were to do so, you would then make a formal complaint to the fos about their conduct.
4 - Advise them that should they nevertheless proceed with their actions, any claim will be vigorously defended and they'll be put to strict proof of every penny they claim you owe, and you'll be happy in any event to let the judge decide whether a) you actually owe all this money b) whether it is reasonable for them to arbitrarily and unilaterally increase the amounts you have been paying without asking you for an income and expenditure Breakdown first. Remind them that a judge is just as likely to lower the amounts you are paying if he considers that you are paying too much now, and that there is no guarantee at all that they'll get this massive (over doubled, for gawd's sake!) increase, especially if your income hasn't increased 2 1/2 times as well! .
5 - If you have your statements, start working out how much of it is charges in there, if you have missing statements, you can always add to the total when they send you the rest, but it will put you that little bit ahead.
6 -
Apologies to people who I was in the process of helping, I may be gone some time.
I would imagine that there are plenty of charges on the accounts I would send them a SAR for the accounts from your figures the reclaimed charges would clear the balance
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
A SAR is requesting all data that the bank holds on you ........ it will show all transactions on the accounts ...... including all reclaimable charges
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Bank Closed My Accounts, demands payment
actually is or an end date. The original debt was £6,338.12. As of the 17.6.08, from a verbal communication from RBOS, i have payed back £9214, but i apparently owe £7,583, which is nothing short of fraud. They phoned me as a "matter of urgency" on the 17.6.08, to say that due to new requirements, they will immediately be raising the monthly payment to £158 or they will accept a full payment of £3900 or they will refer to there legal dept. If i was to pay that full amount which i cannot afford to, i will have paid them back £16,791, for a debt of £6,338. But with no end date, there is literally no end to this. What the hell can i do to fight this
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