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 owe money to rbos (£2000++), I cancelled my direct debit a while ago, the have defaulted the account, they ring everyday, i do not answer them as i see who is calling on the caller display. This have been going on for over 6 months now, what happens next and do i actually have to pay them, if i dont what is the outcome. On the account there was an insurance of about £15 per month. Can i claim this back and if so how do i do that?
I owe money to the ulster bank for an overdraft. I dont remember signing anything to get the overdraft , just a phone call. I total about £4500. I have not paid anything to this account in about 3 years, the closed the account down about 2 years ago and have referred the debt to numerous debt collectors. I have had letters from each debt collector advising that the would have to do door collections within 2 days if i did not pay. I ignored these letters. As of yet, the case has not been sent to court. What path do cases like this normally take. Is it viable that the have not referred the case to court as there is no CCA?
well the overdraft is for 4500 but they closed the account down 3yr ago amd have referred the debit onto a few dif companies, i just wonderin how far they go with this and wh they havent brought it to court
As for the credit companies, RBOS are owed 1800 and they have been ringing for about 6 months now, i havent paid them in that time and cant really afford to.
Have you CCA'd RBS? You really need a copy of your agreement so that CAGgers can pick away at any problems with them. There are big issues with PPI, so that may be a route to go down, but without posting the documents caggers aren't really in a position to advise you.
What are your circumstances with regards to arrears etc?
Overdrafts do not come under CCAs.
Not quiote true.
Overdrafts are covered by the CCA but are excluded from needing an agreement with the prescribed terms.
They come under the "Running Credit Account" classification and a CCA request should get the written authorisation/confirmation
Thanks,
H
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
ok , so basically you guys advising me to to get CCAs. And will it do anygood for the overdraft. I have read the threads on CCA's, is there a poss that the creditors no there ccas are enforceeable and this the reason why they havent taken further action. I will start CCA action this week, but i just baffled why they havent went any further, especially Ulster bank - 3 yrs after closin the account. Does this debt disappear after a certain time? Do i actually have to pay and what happens if i dont.
The debt becomes "Statute Barred" after 6 years of no acknowledegment of the debt. e.g. 6 years from the first missed payment provided that you don't make any payments or write to them saying it's your debt. The debt doesn't disappear, but they cannot drag it through the courts.
Officially, you don't have to pay until a court says you do.
**Helios waves at the guests**
I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.
ok, it becomes statute barred after six years, even if i request cca's or does this start the clock ticking again and if it is statute barred does it stay on the credit file as a default?
what happens in the end?
a while ago, the have defaulted the account, they ring everyday, i do not answer them as i see who is calling on the caller display. This have been going on for over 6 months now, what happens next and do i actually have to pay them, if i dont what is the outcome. On the account there was an insurance of about £15 per month. Can i claim this back and if so how do i do that?
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Originally Posted by craigers
