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 totally confused on what i should be doing so I'm hoping you can put me in the right direction ill start from the beginning so as to give you a bit of background.
In September 2007 i was made redundant from the company I worked for for some 5 years as a 7.5ton lorry driver recycling operative due to Spelthorne council taking the work on in house (TRANSFER OF UNDERTAKINGS T.U.P.E REGULATIONS) because i worked in Middlesex and lived in Havant there was no way i could transfer to the council they would not provide transport to get us there at AM and cost wise it would of just been to much for me to make my own way there. Ill add that I was employed full time with a contract of employment with the company and that the company held the contract with the council to carry out the work.
I was paid about £3500 in redundancy pay which enabled me to pay my bills until December 2007 but because i had a stroke in 1990 which at the time left me paralysed down my right-side after loads of physiotherapy got myself back to work, but now was finding it extremely had to get work loads of interviews and retraining in I.T but still no luck.
By now the effects of my stroke was taking its toll and i realised employers where finding me unemployable due to a stiff right hand and wrist and a limp to my right leg which i admit is having an effect now on my left-side having taken a lot of the weight over these last 18 yrs.
So i decided to go see my doctor after explaining this to him he signed me off JSA for 1 month and said he would make appointments for me with the physiotherapist.
I am currently awaiting this appointment and have to back to doctor in 1 mth so he can re-asses but it looks like he will sign me of again and eventually i will have to claim DLA.
Now my debts I have two credit cards and a personal loan with the co-op for which i have PPI with but was told in all three cases i could not claim because of contract i am no longer paying the credit cards because i have bills and a mortgage to pay which is more important i must pay my mortgage at all costs and I'm just about able to pay my loan with the co-op but I'm finding it extremely hard each month. I am behind on my credit card by about £900 but I'm not paying at the moment as i feel i am in dispute with them because of the PPI plus i cant afford to at the moment.
So where do i go whats my course of action i really need to sort something out because my wife is getting really depressed.
Oh and by the way Ive had a print out of all my calls with MBNA sent to be from optima legal and including with it on the bottom was a letter meant for one of there employees about a pay rise lol whats all that about are they trying to harass me and what do i do with that letter that was not for my viewing.
Sorry for such a long letter but I'm totally confused now on what to do.
I have and still do pay PPI on 2 credit cards and various loans from the co-op bank over the last 6 yrs.
Now as i understand it the ppi does not pay out for pre-existing medical conditions, Now as i had a stoke some 20 yrs ago and i was not asked medical questions is this grounds for mis-sold policy also can i only go back 6 yrs or is this differant to bank charges.
Alan thanks for your reply that was going back to may 07 and i did not at the time take it any further because i was still working and meeting my payments.
2 weeks later i heard i was being made redundant in september 07 so i did not try reclaiming on my PPI as i thought i would need them at some stage although now i find out i cant claim as ive tried to explain above.
I have found out on another tread that the letters i keep getting from optima legal are not legal in companies house eyes as they dont contain the right or should i say lak of information so i will complain to companies house about optima legal.
But what do i do about this part
Oh and by the way Ive had a print out of all my calls with MBNA sent to be from optima legal and including with it on the bottom was a letter meant for one of there employees about a pay rise lol whats all that about are they trying to harass me and what do i do with that letter that was not for my viewing.
I have an I AND E report prepared for me by the CAB do i send this to MBNA AND Halifax CARD SERVICES or do i just hit them with an SAR as they are clearly in breech of mis sold ppi.
thanks for your reply that was going back to may 07 and i did not at the time take it any further because i was still working and meeting my payments.
Did your PPI start in May 07? If it did, it is within the rules of the FSA on PPI Regulation. So they would look at a case for mis-selling if you have good grounds.
2 weeks later i heard i was being made redundant in september 07 so i did not try reclaiming on my ppi as i thought i would need them at some stage although now i find out i cant claim as ive tried to explain above.
If the PPI policy had exclusions in it which means you would be unlikely to be able to claim. You would have grounds for mis-selling.
I have found out on another tread that the letters i keep getting from optima legal are not legal in companies house eyes as they dont contain the right or should i say lak of information so i will complain to companies house about optima legal.
But what do i do about this part
Oh and by the way Ive had a print out of all my calls with MBNA sent to be from optima legal and including with it on the bottom was a letter meant for one of there employees about a pay rise lol whats all that about are they trying to harass me and what do i do with that letter that was not for my viewing.
I would write and tell them what they have done with their employees letter and mention the Data Protection Act 1998. I would suggest it does not install any confidence in you in regard to your own data protection.
I have an I AND E report prepared for me by the CAB do i send this to MBNA AND HALIFAX CARD SERVICES or do i just hit them with an S.A.R - (Subject access request) as they are clearly in breech of mis sold ppi.
I am not sure what I and E report is?
I would certainly send a full Subject access request with the fee £10.00 postal order is good, as no signature and it does not take 5 working days to clear as a cheque would.
Ask for absolutely everything in whatever form they store it, paper, tape, CD, electronically, filing cabinet, microfische etc, seee this from the links in stickies at the top of the page.
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
No problem hit them with a quality SAR with £10 and ask for everything they have in whatever data format make them work really hard for the statutory fee.
You need the information to assist in a quality claim for mis-selling of PPI
Thank you alan for your reply,should i send a letter with the S.A.R detailing my reason for a refund i.e stroke if so is there a template anywhere i can adapt Thank You
please see post 4 of your thread for a link to Subject access request Letter. Please remember to send the £10.00 fee (postal order is best in my opinion).
Totally Confused On What I Should Be Doing
pay which enabled me to pay my bills until December 2007 but because i had a stroke in 1990 which at the time left me paralysed down my right-side after loads of physiotherapy got myself back to work, but now was finding it extremely had to get work loads of interviews and retraining in I.T but still no luck.
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