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 dont know quite how to proceed, hence the plea for help. Before anyone can there are things you need to know, so bear with me please. I have debts (surprise surprise) these are made up of student loan of £10000 (currently frozen cause earnings too low, it will apparently be cancelled when I reach 60?) A debt to the CSA of £3000 that they have just started chasing after 3 years of hearing nothing. And several credit card debts amounting to about £9000 going back over years. I am in the position now where I alternate between paying the minimums and transfering balances. Not ideal I know. I have no spare cash to make inroads on these debts. Over the years I must have re-paid the original debts over and over. I just want them all off my back so I can go forward with a clean slate. The only way I can see to do this is to go bankrupt? What do you all think?
OK student loan is made up of several running from 1995.
CSA debt loads of letters and phone calls over the years, since about 1990, recently the demand letter for full amount, I have always paid a nominal £8 per month, I phoned them tried to negotiate, they weren't interested. It was clear from what they said that they had a credit report on me, they knew the state of my bank account and my credit cards and how much credit I have available. They even suggested I pay the debt with a credit card.
Credid cards, Egg, B card, Halifax and virgin. I've moved the debts around so much I don't really know when and where they came from, no overlimit charges, but some maybe 8-10 late charges.
OK student loan is made up of several running from 1995.
Okay. This would be an old style student loan the which is covered by the consumer credit act. Have you asked for a copy of the credit agreement for these loans? Without a copy of the credit agreement the account would be legally unenforceable.
CSA debt loads of letters and phone calls over the years, since about 1990, recently the demand letter for full amount, I have always paid a nominal £8 per month, I phoned them tried to negotiate, they weren't interested. It was clear from what they said that they had a credit report on me, they knew the state of my bank account and my credit cards and how much credit I have available. They even suggested I pay the debt with a credit card.
That's very naughty of them. Really they shouldn't be asking you to do this. Do you have this in writing or was it over the phone that they suggested this?
Again you should be asking for a copy of the credit agreement. Egg will probably have an enforceable one but the others possibly won't.
There's a template for asking for a copy of the credit agreement here (template N). You should send it recorded delivery with a one pound postal order. do not sign the letter.
If after 12 full working days from receipt of your request they have not supplied a copy of the agreement then they are in default. What this means is that they can not enforce the agreement until a compliant copy of the agreement is produced.
Hi Rory
I don't think the student loan is a problem, I am disabled and they have told me it will be cancelled when I reach 60, I don't think that between now and then my earnings will go over the threshold.
The CSA suggestion to use a credit card was made over the phone. I have written to them requesting a full account of how they reach my debt figure, and asking them to confirm that I can settle the debt by credit card. I also sent copies of my letter to the local and national press also to my MP. I had a reply from them saying they will try to answer my request within 15 days, if they can't they will phone me to negotiate an extension to this time limit.
I'm just about to transfer the Egg balance (any suggestions). As for the others I will request a copy of the agreement from them ASAP.
Because if you take out a new card it will be governed by the 2006 Act which repeals the part of the 1974 Act that makes credit agreements unenforceable if they don't contain all the prescribed terms.
No. The 2006 Act was staggered in it's implementation. The parts of s127 that were repealed (this is the section that deals with judicial enforcement) weren't repealed until 6th April 2007.
The CSA suggestion to use a credit card was made over the phone. I have written to them requesting a full account of how they reach my debt figure, and asking them to confirm that I can settle the debt by credit card. I also sent copies of my letter to the local and national press also to my MP. I had a reply from them saying they will try to answer my request within 15 days, if they can't they will phone me to negotiate an extension to this time limit.
The CSA's own deadline to reply has now run out, I have heard nothing from , I don't know what to do next?
Hi Rory
I'm a bit scared to take on CSA. I think I'll just wait a bit longer.
I might just take on one of my CC debts though.
I'm just scared that if I make the first move that they will escalate the whole process, demand full payment or something, if I fail can I keep paying as I do now? (groan)
Will my other card holders get wind of what I'm doing and go after me?
This seems a scary path to go down.
Well your other option is just to leave CSA alone for now as they aren't bothering you at the moment and if they do you can just refer them to your written request on how they have reached this figure.
Hi All
hope you're all well?
I still haven't worked up the courage to sort out my CC's, but I have an interesting tale to tell.
Bare with me I may go on a bit.
About 10 days ago I went into a strange bank to pay one of my cards, I paid the min on B Card.
A couple of days later I had a phone call from said bank (Lloyds) inquiring if I had adequate service on my visit, I said it was fine. He said he noticed I was paying interest on the card, also that I used to have a Lloyds CC that I closed some years ago, he said I qualified for a new card and 1 year of 0% and asked if I would like one and to transfer the balance, I said sounds like a good idea, he said he would be in touch but to continue paying until then.
A couple of days later I got in the post a pin mumber.
A couple of days later I got the card with £3500 limit.
A couple of days later I got the agreement to sign.
Followed next day by a letter telling me they had transferred the balance.
I don't quite know what to make of it.
Any comments anyone.
Hi all
Hope you all had a good xmas.
I dont seem to have had any comments to my last post?
Have I done something wrong?
Is it in the wrong place ? or what?
I have an update , I've now recieved the first statement on this account, I dont know what to do - ignore it, pay it, or just tell them I dont want it and get it transferred somewhere else?
Anyone out there or have I screwed up and been sent to coventry or something?
I certainly didn't say "please transfer the balance" I did say that sounds like a good idea, or words to that effect, fully expecting that before I needed to actually make the decision I would have had more paper work plus an agreement to sign.
So no I have signed nothing.
The pay by date is the 12th so I have a few days left to decide what to do, scarry or what.
Help please
Reply With Quote
