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 hope I can receive some feedback on a current issue with Bank of Scotland Freeway services, who proved my lease agreement for the last 3 1/2 years on my car. Bear with me on this!
I had a contract with Freeway for 3 years for a VW Golf, which ended in January 2008. The company contacted me in February and asked what my intentions were. I intended to order a new vehicle, while retaining the Golf, paying on a monthly basis until the new car was delivered.
Freeway did not contact me again until April, to discuss the new car order. Also at the same time, the collection part of the company were demanding either full payment or the car returned, which I then, by phone informed the collection people of my new car order that was due.
I signed a new contract for a Ford Focus in May and returned this to Freeway. The collection people were now sending final demands (remember this is the same company!)
During this period not one payment was collected by Freeway, but I then paid the outstanding balance in full in August after 7 months of nothing from that department. At the same time, collections/debt recovery sent someone to personally collect either the car or the balance due in full t purchase the car. After several phone calls to various departments this was resolved and the new contract discussed.
Ok, so the issue. Part of the process is the standard credit check, which I passed in May and the contract thus signed. However, I was now informed that they had to now re-apply for this and surprise surprise they now failed me! Also note that I NEVER missed a payment to them throughout the 3 year contract.
I have checked my credit through the required agencies, no problems found, so this is a personal choice form Freeway, now as the final insult the car has to be returned IMMEDIATELY!
The questions are....
Does the original signed agreement still stand?
Legally, is there anyway I can contest this?
Is there any process for me to raise a complaint to a governing body in this field?
Would it be worthwhile contesting their decision and then ensuring that they cannot affect other people in the same way?
Finally, they may demand more money from me for excess mileage and condition of the vehicle, even though the contract ended 7 months ago, can I contest this with then?
Thanks in advance to everyone who responds, any help in this matter will do,
I can find no terms and conditions on their site. Have you had a good read of the agreement to ascertain that you have not breached it in some manner?
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Yes I have checked the contract. There is no condition within this that indicates that they can cancel without due notice.
I have also now been informed that they have affected my credit rating but including the fact that i am retaining the car without a contract, but I am only now waiting for them to collect, this becomes more involved now and more frustrating.