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.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
noomill's secret friend v Creation Finance/Lowells **WON**
Helping a friend (yes really!) in her battle with Lowell over an alleged debt with Creation Finance.
She has recieved 4 postcards from Lowells begging her to ring them over the last month.
She went and rang them before getting the "Never ever speak to them" speech from me.
First thing I did was get her to CCA them. This was signed by them the day after it was sent.
Two days later she got a "pay up within 10 days or we'll take you to court" letter. This letter was dated 5 days before they got the CCA request. I dont believe it was posted on the date of the letter.
The same day as this letter arrived, an identical letter addressed to her arrived at her parents house.
They have until 4 Sept to comply with the CCA request.
Shes in a bit of a flap as she obviously doesnt want her mum finding out, but she was staying at her mum's when the alleged debt began.
Re: noomill's secret friend v Creation Finance/Lowells
Originally Posted by noomill060
Obviously, the CCA request may not have made it to the correct person yet.
It took a week for them to send me an acknowlegment of my CCA request.
Their internal mail distribution system is entirely a matter for them; the CCA clock started ticking on the day they signed for the letter. Now, of course, they only have 12 working days to comply.
A recent article in Moron's Weekly (or was it Credit Today?), warned debt purchasers and DCAs of the dangers of pursuing debts without having the correct paperwork since CPUTR came in; it seems that as an industry they are so convinced of their invincibility that they do not want to listen or change their practices.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: noomill's secret friend v Creation Finance/Lowells
On the subject of CPUT, I rang TS in Belfast, suggesting that Lowell's hassling may be in breach of CPUT, but the person I spoke to didnt agree.
Anyway, panic over for now, the letter sent to her mum's address was a letter from Lowell's chasing a £40 "debt" consisting entirely of bank charges. This was originally £190 until I got her to challenge the charges.
They knocked £150 off and she accepted, for the sake of a quiet life.
But if Lowells want to take it further, they wil have a fight on their hands.
Re: noomill's secret friend v Creation Finance/Lowells
Originally Posted by noomill060
On the subject of CPUT, I rang TS in Belfast, suggesting that Lowell's hassling may be in breach of CPUT, but the person I spoke to didnt agree.
One has to wonder whether they don't agree because if they did, they'd have to do something about it...
My own experience of Belfast TS was equally unrewarding; the person I spoke seemed to take pride in being evasive and unhelpful.
On the other hand, I found ICO's Belfast branch excellent, and they have been instrumental in helping me to bring an action against my former landlord's agent.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: noomill's secret friend v Creation Finance/Lowells
Last year I had a converstion with a senior TS guy in Belfast concerning CC application forms and unenforceable agreements etc.
He was very evasive and become more so as it became apparent that I wasnt the usual muppet seeking advice from them. He gave some vaguely relevent response to each point I brought up, becoming more flustered and as I drove my point home his responses became
"yeah, but no, but yeah, but no but yeah but no, I'm not going to do anythng about it because the courts will decide anyway and the 30 days in being repealed and we never prosecuted anything."
He was very uncomfortable, and in the end I couldnt help but stiffle a snigger. I thanked Vicky Pollard for confirming what I already knew and hung up.
noomill's secret friend v Creation Finance/Lowells **WON**
Reply With Quote
Originally Posted by noomill060
