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.
Long story short:
i sent for CCA last year out of a panic. Didn't know my rights then, just did it to stall some time.
Just realised they never sent me any reply, nor my agreement.
I still paid up to now.
Have today received a a letter from their in house debt collection NDR.
Pre-Escalation note.
Not sure what to do now.
The whole balance is completely made out of charges, even more.
DSo i don't think going down the cca route again will be good, as they are really owing ME now.
£276 in charges on the account and the balance is only a bit over £100.
should i send them my letter for repayment of charges now?
What will happen with that pre-escalation note in the meantime?
Or should i put the account in dispute with NDR due to non compliance with my cca to stop them and then send my repayment of charges letter??
totally confused!
Also, if i send them the prelim letter from the library (which has been amended due to the OFT case), will i have to delete the following thing:
I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you.
They are not a bank, are they?So i don't think this is relevant to them?
Hi,
I'd send the letter and yes delete that bit as it's not relevant
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Hi silverfox,
while i have your attention.
Could you please help me regarding my spreadsheet?
i put all the charges in, but am confused about the interest tab.
They charge me 29.9%, can i just add this now starting with my prelim?
Or should i just do it without interest and then add the 8% when i file my claim at court?
ok, i just downloaded the simple spreadie.
i have decided not to go for contractual interest. Don't fully understand it, so i think it's better if i just go for the charges and then later on the 8% at court stage.
Not done this for years now, will probably need some support on the way.
Thank the lord for that. Me and spreadsheets are a complete no-no AND i did the CLAIT 1 course
I do believe that you can't add on interest until it goes to court and the it's the stat interest only but as is usual for me, I could be completely wrong
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need some advice please.
Did send my prelim to choice and have today received a notification of instruction to proceed.
We have been instructed by our client ....blah blah blah,
to act on their behalf in securing repayment of the sum of XXX.XX.
Accordingly we give notice that unless this account is paid - or satisfactory repayment arrangement is made within 7 days, our client will take the following action:
register a default.....blah blah blah.......
Court proceedings may be issued
All court costs and solicitors fees will be charged to you.
Now the confusing bit:
If you can pay your arrears in full within 7 days then we will remove all default charges and additional interest applied to your account.
Now what confuses me is, if i pay my arrears do they say they are refunding the whole amount i am asking for in my prelim???
They are asking for the whole balance of my account, how can they remove anything from my account when it is paid off (if i pay the arrears)?
The account balance is just a bit over £100 and i am asking for nearly £280 without interest.
That last bit confuses me too. I'm wondering if they are trying to get you to pay something in order to get the charges refunded but it just doesn't sound right.
Personally I would put the account into dispute and detail why you think it's so:
No response to your letter asking for a refund of charges
Sending nasty letters after receiving a reclaim letter.
There is another way to go as well. They haven't sent you your agreement. While that continues, they shouldn't be chasing you for the debt. You can't claim a refund of charges and claim the agreement is unenforceable at the same time.
You could ask them to clarify what they mean by the last statement.
Not much use am I
fox
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Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Hi silverfox,
it certainly sounds like they want me to pay something before refunding.Doesn't it?!
But as they owe me more than i owe them i will have to find a letter to put the account in dispute. I don't think i have time to ask them in a letter what they mean exactly, as they only gave me a few days to pay or contact them with proposal. The letter was dated21st April and i didn't get it until today, which means the deadline run out yesterday
My only option now is to find the right letter to send so they hold their actions.
You will have to edit to suit but that's about as much as I can think of. Bear in mind I'm usually in bed by now. My mum says to me," If you're not in bed by 10 O'clock, go home
night
fox
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Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
I put a little letter together, part of it from my prelim. Do you think i can send it like that?
I do not want to go down the CCA route with this one, as the owe me more than i owe them.
Account in Dispute
Dear Sir/Madam,
Thank you for your letter dated xxxxxxxx. I am disputing the total value of the alleged Debt with Choice Catalogue due to unlawful and unreasonable penalty charges. As such, therefore, i consider this account to be in dispute.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonable queried or disputed debt."
On the 20/04/2009 i made a request of repayment of charges to which i had no reply as of yet.
I have enclosed a copy for your ease of reference.
My request for repayment still stands and you have until the 07/05/2009 to reply to me accepting, unconditionally, my request in principle and letting me know a date by which i will receive payment.
If you do not respond, or do not respond positively, within this time period, i shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and i shall issue a claim at the expiry of the second deadline.
Personally, to cover myself, I'd send the letter you wrote to Choice and another one disputing the debt to NDR.
This is how sad I am. I went to bed thinking of this thread and bu**er me, I woke up thinking of it
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
And sorry about your sleeping trouble , only shows how commited you are.x )
No, I should be committed :grin:
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Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
jellybabe vs Choice catalogue
NDR.
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Re: jellybabe vs Choice catalogue
Originally Posted by jellybabe
