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 have a VISA and M'Card with Barclays. I have recently sent them an I&E and a postal order payment. I have received a letter from them informing they cannot accept my offer. If I increase my offer they propose to accept it. If I do not call them I will be defaulted.
Advice needed. Do I SARN them and establish what charges I may be able to claim for. Do I also CCA them to establish if agreement is enfoceable. Is there an order I do the requests for info, or all together. getting loads and loads of calls but I can live with that. As everybody I can do without a default so If I can prove its unenfoceable I assume they cannot default me.
Cards were taken out I would guess 10-12 years ago. I would think charges would be £250 max over the time (dont recall having that many late payment charges)
As the cards are 10-12 years old I would send the CCA request first and see what they come up with if anything.
As everybody I can do without a default so If I can prove its unenfoceable I assume they cannot default me.
No. They will still default you. You'll then have the task of trying to get the default removed but they'll default you anyway if you go onto reduced payments.
Sent the CCA request, many thanks (I looked at those templates before!!)
Also been informed today Mercers Debt Collections Ltd now managing account, should I CCA them also.
Thanks rory32.
Two Questions
1- By requesting a CCA does that automatically put account in dispute?
2- Is the new timescale to comply for CCA request 12 days from when they receive my letter?
Will get letter off to Mercers as suggested.
Cheers
Thanks rory32.
Two Questions
1- By requesting a CCA does that automatically put account in dispute?
2- Is the new timescale to comply for CCA request 12 days from when they receive my letter?
Will get letter off to Mercers as suggested.
Cheers
Watchout
No. Their failing to supply a true CCA within 12+2 days timescale puts it into dispute.
12+2 Days - Does that include Saturday and Sunday?
Assume received today 12+2 inc Sat & Sun is Weds 12th November.
Is it wise to continue with my reduced payment when account formally in dispute (assuming they do not produce CCA etc)
12+2 Days - Does that include Saturday and Sunday?
Assume received today 12+2 inc Sat & Sun is Weds 12th November.
Is it wise to continue with my reduced payment when account formally in dispute (assuming they do not produce CCA etc)
No.It's 12+2 working days.Dont "assume" anything with them.Check it has been received (presume you sent it RD?).See what they produce in the line of an enforceable CCA before deciding whether to stop paying or not.
CCA's were sent last week to Barclaycard.
Have received letters from Mercers informing me
'We will be instructing a local debt collector to visit you at the above address to collect payment."
From reading CAG I have learnt that this is a threat rather than the likely next step from Mercers. Am I right or should I prepare for the debt collector!!!!!!!! If they knock on my door they might have to meet the big fella........
rory32 suggested that I should inform Mercers that the account is in dispute and that I have requested CCA. I will do that today.
'We will be instructing a local debt collector to visit you at the above address to collect payment."
It's unlikely that anyone will turn up but you may wish to send Mercers the following anyway and have a copy just in case anyone calls so that you can give them it before telling them to bog off.
Dear Sir
Thank you for your letter of (date)
Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or anyone representing you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
I suggest you send Mercers one letter to d/w both issues.
Dear sir or madam,
Account No xxxxxx
Then Rory's letter as above, folllowed by:-
You should also be aware that I have requested information from BC which will put this a/c formally in dispute, thereby limiting any action you may take, and contact you may make with me, concerning this a/c in accordance with the OFT Guidelines on debt collection.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I just read in post #4 that you get defaulted if you go onto reduced payments. Is this correct or is it just in certain circumstances.
I asked them a few years ago now if I could go onto a reduced payment plan with lower interest as my hubby became ill and I was unable to make the full payments as they requested.
Nobody has ever mentioned to me that if I am making reduced payments I am beng defaulted? I'd like to get this checked out please as I could have been being defaulted each month for the last 2 years!
Thanks
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
I am on a steeplearning curve so I can confidently say 'I dont know'
Is this where i go 'BUMP'?
Just out of interest how did you get the compensation for harrassment of £100. I must get 10 calls a day, easy, which I never answer, 0845...... or 08000......and then ones with area codes from places that I never get calls from. I dont answer them from advice on here. I suppose I need to answer to find out which creditor or DCA it is so I can log for harrassment. One has tried to contact me at work and is now emailing my work address.
Thats when google does you know favours!!!!
Brokencard reject my offer of reduced payment
. I have recently sent them an I&E and a postal order payment. I have received a letter from them informing they cannot accept my offer. If I increase my offer they propose to accept it. If I do not call them I will be defaulted.
Reply With Quote
Originally Posted by Watchout
Husbands Account.
Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
