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
Finally mustered up the courage to start a thread! Spent lots of time reading other peoples and the FAQ but if this is in the wrong place or garbled, mucho apologies!
Brief resume of our situation with First National (I hope nobody reading it loses the will to live before the end!)
In 1994 took out two loans with the First National Bank, one loan for front windows of the house, 2nd loan for the windows at the rear of the house. Things are going along swimmingly until husband has bad car accident that coinsides with me being pregnant with our first child. Double financial whammy....
Husband in hospital/off work for several months after having hip joint nailed back together, with the same injury as Floyd Landis suffered apparently (Although husband has never won the Tour De France or allegedly stuck testosterone patches to his testicles...)
So there we are no money, insurance was rubbish and of course First National took it well, NOT! So in 1996 we became the proud owners of 2 x CCJ's. Diligently paid them via Davis and Co as we tried to get back on our feet helped by the bank, mortgage company etc etc .....well it was a nice thought but not true because they shafted us too! Everytime we managed to put a little money aside and asked for a redemption figure it was bigger than the previous time we had called, all down to interest apparently?
Last year we are suddenly told that one of our our "debts" is owned by Asset Link (Link Financial). A period of letters and phone calls followed, we never answered the letters and we stopped answering the phone a long time ago. All has been quiet since Jan. They may call but if we dont know the number or is withheld we dont answer ...
Around the same time we start getting threatening letters from Allied, they apparently have the other debt! They call pretty much everyday and we of course never answer, so the AIC machine leaves messages on our answer machine.
So finally we get down the questions
We are considering putting a CCA letter with a £1 postal order into the pair of them and seeing what happens. What does anyone think?
We have spent 10 years worrying and frantically trying to get back on our feet, lately its been pretty bad as well, so I finally feel its time to stand up and get counted ....but would still like my hand held!
If I have managed to put this thread in the right place I am going to move onto my Nat West,Capital One, MNBA threads next!
My my you have been put through the ringer and it looks like its been a long old slog for you too. Don't worry you are amongst friends and will find lots of help and support. Glad to see you are starting to take control!
The CCA request seems a very good idea, looks like you've done your homework on this one. Although if you have any questions just shout I'm sure someone will help you. I too am considering a CCA on Allied International, but as they have been quiet for so long I'm a bit cautious about disturbing the bees nest!
It might be worth doing a S.A.R - (Subject access request) on the mortgage to find out why it keeps increasing - sounds rather suspicious to me.
Best of luck with sorting this. You will get back on your feet.
Well was considering just letting everything stew until today when Allied called TWICE! Once a "real person" ,the other a diverted text message, strange because they dont have a mobile number for us.
Standard message, call back immediately it is vital we speak to you - I think not!
So have sent out a CCA request by recorded delivery today. Also added in a note to desist from calling us.
Call it a shot across the bows
Its been a while but back with an update on this situation
1. Allied, no answer but still insist on calling me although I have told them not too! So will carry on waiting ...
2. Asset Link passed back to Link Financial, who have just sent me a copy of the agreement and a statement, that includes my £1 as a payment! They say however they are unable to give me any details of the deed of assignment "as it contains sensitive information relating to other accounts that we are unable by law to disclose". Ummmm....
Shall I send a letter back saying, "OK cross out the information that doesnt concern me and send me how much you paid for it then we can get down to some proper negociation on how much I owe you" ? Any thoughts?
They are not actually legally obliged to send the deed of assignment under the CCA and if they have produced the original signed agreement they have proved that they now can enforce the debt. So you need to start negotiating either on the basis of a lump sum in Full and final settlement in which case you can generally get a substantial amount reduced or through monthly payments.
There are some template letters and budget planner in the debt and bailiffs forum for this.
Hi
Thanks for the info.
Well things have moved on slightly. The loans were subject to a ccj, which I knew and it showed up on the paperwork. The statement also showed that we have paid off the ccj amount plus £400.Apparently First National like to apply interest after a judgement under the £5000 limit. Spoke to the issuing county court and they said it is off their records but they knew all about First National and Link Financial and Asset Link and that we should apply for a Full and final settlement figure via the court. They also said that they have loads of people with the same problem, pay off ccj and then find you owe thousands more!
Will keep you updated
First National, Allied Int AND Asset Link!
company etc etc .....well it was a nice thought but not true because they shafted us too! Everytime we managed to put a little money aside and asked for a redemption figure it was bigger than the previous time we had called, all down to interest
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