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 an outstanding debt with The Money Shop for £620.00
I have been in contact recently with MH and I did set up a payment plan, however, I am not 100% sure that I have made any payments. In fact, I had a "online" chat with someone a few weeks ago and they confirmed that £5 has been paid off the debt.
I have sent a CCA request to this Company, payment yet to be presented - silly me I sent them a cheque payment!
I have today received another chaser letter wanting payment by noon 29th Jan 2009.
Now I have two questions:
1. Do I ignore this letter and wait to see if the CCA turns up?
2. Do I contact The Money Shop and ask for them to withhold action even though The Money Shop do not know my confirmed address?
3. Shall I send them another snot-o-gram?
I tried to talk to them via their online chat this morning, but because I wouldnt fill in the details and only completed the reference number he hung up the chat on me the to**er!!!
What an accurate description of a Kilmarnock Kowboy!
Don't use the online chat or telephone, you want any discussion to be in black and white, so you prove what was said and when. DCA muppets are not known for being bright and could easily type into their system that you were going to pay £55, not £5. NEVER let them have bank account details or make payment via debit/credit card, they may forget the conversation and could make further debits a few days later... (note the use of their favourite words MAY and COULD!)
Quite simply, if they don't send the paperwork, send them maroondevo52's letter and that should be it.
The Money Shop wouldn't want to know, simple as that. They've passed on details of the alleged debt for collection and they'll just say its out of their hands.
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.webs.com/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
Yes, as soon as I met this site I realised I shouldnt have paid that £5 payment **slaps head**!!
Thanks for the advice, they have NEVER had my card or bank details that is one thing I know not to give to these idiots.
The funny thing was when this idiot stopped the online chat I registered again and got the same guy, had great pleasure in asking him he if was going to disconnect again and then called him an IDIOT before I hung up the chat! Had to be done i guess!
I am on countdown for the 12+2 days. I have a file with all my paperwork in and I need to sit down and sort it out so I can plan my next stage of attack!
Thanks for your help, have clicked your scales BTW!
Well that account is going to be closed, with Natwest. My account with HSBC is a new one and they NO details whatsoever and that is where my salary, tax credits get paid into.
Thought give them their due, NatWest are good at recalling payments if they haven't been made.
I have today received a letter from Mackenzie Hall, returning my £1 payment and a letter saying....
We refer to your letrer dated 1/21/2009
We have contacted our client for a copy of your agreement and statement of your account.
Your account is currently on HOLD. Please be assures that no action will be taken against you.
Should we not receive the relevant proof from our client within 40 days we wil close your file and return to our client. Our client will then decide what step to take.
Right, what I now need to know is:-
1. Can they hold this for 40 days? Surely this should be the 12+2 days?
2. Would they have made a indent on my credit file and can I ask them to remove this?
3. Is there a follow up letter to their holding letter that I can send them?
I would await their next move, you COULD possibly send a SAR or a CCA request to the original creditor to see what they come up with, until you fully establish IF they still hold a CCA for you...(have you checked your credit file ?)
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I have today received a letter from Mackenzie Hall...
They like making things up as they go along, hoping that you don't know the law. They have 12+2 days to comply with the CCA request. If they don't send it in that time then they fail. Simple.
If they cannot enforce the matter by way of a valid CCA then they have to close the file and remove any default from your credit file.
Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
I've launched my CAG inspired site at http://hillards.webs.com/ for anyone who wants to know what the DCA's are really like, or what a CCA or SAR is... Lots of good reading!
IMPORTANT: Take my advice on the basis that I am expressing my opinion, based upon knowledge gained. I am not a lawyer and have no legal standing
They have 12 days - end of. The additional two days is not part of the statutory limit but to allow for the Royal Mail to deliver their letter to you. If they havern't posted it by working day 12 it ain't never going to happen.
So on 12days plus 2 you send them the letter syaing - you ain't got the paperwork, push off and don't bother me.
If MHall have failed to comply with a valid CCA request thn the matter is in dispute and should not have been passed to another collector to try their luck.