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.
Hi, I was wondering if someone could advice me? I have a £6000 debt with Barclay card. I wrote to them to explain my situation that my partner had been made redundant, we had just had a baby and that we could not afford the repayments and made them an offer of repayment. They refused this. This debt has since been passed to many different companies. Each time I write and explain our situation and we receive a letter to say they will not accept our offer. I have even asked them to take me to court so that a judge could decide what we could afford. Mercers told me that they do not deal with the courts. It has now passed to power 2 collect who have advised they will visit. They gave their visiting times of mon - fri 9-8 and Saturday 9-12.
I am fed up with writing the same old letters all the time. What can I do now? I cant repay what I havent got but they will not accept this. I have changed our number now so they cannot ring as we were getting calls all day long. I was also told by Mercers to borrow the money which I thought they were not allowed to do. Please could someone advise what I should do now as this is beginning to mae me ill. Thanks in advance
Hi, thanks for advice. I havent requested a CCA. I dont dispute the debt and do want to repay it. Its just at the moment as with half the country my other half has lost his job and we simply cannot afford to. I have advised once our circumstances change we will up the payments but they still said no. All our other creditors accepted our offer, its just barclaycard who wont. I have changed my number which has stopped the calls, but the threats just keep on coming.
Have you got any charges on this account? Over limit - late payment?
If you have got all your statements you can tot these up and claim them back - this goes a small way to reducing the balance - but every little helps.
If you don't have all your statements you can send a SAR letter to them this should produce copies of your statements and a copy of your credit agreement. It will cost £10.00 but send a postal order not a cheque and type or print your name at the bottom of the SAR request.
This is a common problem with BC refusing to accept reduced payments or acknowledge the trouble you are having.
I dont dispute the debt and do want to repay it.
I totally agree with your view but, if you can show they don't have a valid agreement for the a/c, you can start to repay the debt at a rate you can afford, without them adding interest and charges, or Defaulting you.
If you've suffered penalty charges on the a/c in the last 6 years, you should reclaim these to reduce the balance on the a/c. You need your statements for the last 6 years.
If you don't have them, you need to send BC a SAR. Read the Reclaiming Guide in Link No1 in my signature below.
Oh, and the letter linked for you by Rooster in post #3 above - print off a copy and keep it by the door. If anyone calls from Power2Contact, keep your door chain on, pass them a copy and tell them to leave your property or you'll call the police. Close the door.
DON'T have any discussion with them. They'll want your phone number and they'll want you to speak to Mercers. You don't have to do either.
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.