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.
am posting this in both the Debt collection industry and Scottish Debts sections in the hope that someone can help me
it all started early last year, I was niave (sp?) when i took on a new flat to believe that the payments i was making to the landlord included the council tax, as far as I was concerned this was never put in my name and I heard nothing about it, after moving home in April 07 I then recieved a letter to my home address in apx Jul/August time from Glasgow city council chasing outstanding council tax, i filled out all the forms but also put in a letter explaining about the landlord and heard nothing more, I was then chased for 2007 fiscal years amount (apx £45) by a company called Scott & Co which i happily paid and gave details of the transcash number etc. I heard nothing more from Glasgow city council until Feb of this year requesting payment again, I wrote back to them and explained yet again what had happened, no response.
I then recieved a letter from Buchanan Clark and Wells dated 20th June advising that the council tax was still in arrears and that their 'clients' Glasgow City Council had obtained a summary warrant for the amount and that they had been instructed to collect it, I wrote to them requesting at very least the address of the property that it related to (i lived in several flats over the 2 years i was there) and had no acknowledgement, I then recieved a further letter dated 7th July advising notification to take further action as the requests for payment had not been responded to. I wrote to them again and requested the information as before and had no acknowledgement until this morning where another letter dropped on the mat from BCW advising an arrestment of bank/building society account, and could i please contact their payment line to make payment, discuss reasons for non-payment and possible repayment, and finally the letter had the address on, now I am one of these people that if I owe something then i'll pay it, might take a few months but i'll pay it.
So I rang them full of hope that they would be as understanding as everyone else, yeah right!!!!, the lady at BCW advised that they hadn't recieved my letters (surprise surprise) and when I explained that I would need to pay it over 4 months that was met with a resounding no, either a lump sum, two payments or arrestment, my choice, I explained that I was in the process of paying other companies (bank loan, credit cards, two other companies for outstanding debts before they invoked debt collectors and another debt collector) at which point she explained that it had to be made in a maximum of two payments, i could make more if I wanted but they wouldn't be counted and the bank account would still be arrested and I would need to contact these other firms and explain why the payments weren't being made. I got rather upset at this point and put the phone down but subsequently contacted two of the other firms to see if the payments that remained could be spread even further which they were happy to do, but am still left reeling with BCW's demand of must be made within 2 payments or else.......
I mean to be honest, what can they do if I am no longer in Scotland so am surely no longer bound by Scottish law, or does it not work that way?
if anyone can help I would be most appreciative.
and just for clarification I only work part time due to ill health so only take home apx 600-650 per month of which apx 550 goes to various companies and agencies.
They can still persue you for the debt in England.
What you can do is make up and i&e and send a letter of proposal of payment inlcuding the first payment. If you show you cannot physically pay anymore then tend to be more lenient.
If you use online banking ask them to provide the details so you can make payments that way so you are in control. If you keep to your cschedule then there's not much m ore they can do.
Worked for me anyway
Idax
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am more than happy now after working it all out to clear it in the two payments, god bless a certain mobile phone operator who has agreed to a change of my payment plan
one other question thou, if I have say 55 quid outstanding to someone and was supposed to pay 35 then 20, does it count against if i change it to 27.50 per month without contacting them?
If you are going to make the payments close together i can't see much happening on your final payment as long as you donlt incur charges etc
idax
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
If you have more debts put them and this into a protected Scottish trust deed .
Let me know exactly how much debt you have in total and i will tell you if you qualify as there is certain criteria you must meet , as an insolvency practishioners administrator i specialise in this and can help text me back.
I too have had dealings with BCW and my problem is not being able to physically go to their Glasgow Office and pay! I do not have a credit card, no switch card and cannot afford postal orders and they refuse to send out girobank slips in order that may make the payment at my local bank...the woman i spoke with was the rudest, most unhelpful being and refused to give me their banking details in order that I may pay by net banking. Did you have any luck with their details and if so could you give them to me in private post mira666?
buchanan clark and wells - please help
and another debt collector) at which point she explained that it had to be made in a maximum of two payments, i could make more if I wanted but they wouldn't be counted and the bank account would still be arrested and I would need to contact these other firms and explain why the payments weren't being made. I got rather upset at this point and put the phone down but subsequently contacted two of the other firms to see if the payments that remained could be spread even further which they were happy to do, but am still left reeling with BCW's demand of must be made within 2 payments or else.......
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