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.
My wife took a loan out two years ago with HSBC and at the time she was told that you can only have the loan by taking out the PPI, therefore she signed the agreement. After reading throught the paperwork she realised that she did not need it as she has full cover from work. She contacted HSBC to cancel the PPI and was told you can't. In March this year we were struggling to pay this loan and contacted HSBC on a number of occasions to be told you can't cancel the PPI which is £49.00 a month. In September we where told to send a letter to our branch requesting to cancel the PPI, but after weeks of no response we started chasing them and threating to take them to fos, we then told we had to contact our local branch (in the meantime we have requested the PPI to be cancelled and the payments she has made to be repaid with interest. We have done this after reading the miss selling of PPI). We went into our local branch and were told we can cancel the PPI, they will arrange a new loan for the remaing term at the same intrest rate, but they cannot find their copy of the credit agreement therfore we are still no closer to this issue being resolved.
Tomorrow we will send a S.A.R. In the meantime if HSBC want to cancel the PPI we have been told by the local branch that the actual refund (if we win) would be taken off the original loan. At this point in time they can't find the original agreement, if this can't be found where does it leave us? Should we wait until we have had the S.A.R returned to us or presure
Hi We have sent a S.A.R, spoke to our local branch last week and a desiccion on the PPI cliam will be made on 2/01/09. They cannot find the original credit agrrement and as we have missed this months payment we are getting pressure phone calls. The loan was taken out in september 2006, and you say that if they can't find the agreement why are they taking payment, how can we not acknowledge the debt as we have been paying it for the last 2 years? If we do not pay this will it be passed on to the debt collection agency ?
If there is no agreement the courts cannot enforce it,the finance company or a DCA will still chase you for it but legally it cannot be enforced in a court of law because if it ever got that far the judge will want to see the original agreement and as they do not have it the judge cant enforce it.
As for them chasing you with phone calls they cannot do that as the debt is in dispute.
Ill try and find a letter template for you and post back