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.
Section 51(1) of the CCA 1974 states "it is an offence to give a person a credit-token if he has not asked for it"
Bank of Scotland sent me a credit card I never applied for. I already had a credit card with them (which I was struggling to pay as it is) so I certainly didn't apply for a new one. The threat of having my electricity supply cut-off and legal action meant I had to give in to temptation and use the card. Needless to say I defaulted on this card. I've partially settled the account and hopefully it should disappear from my CRF this year.
I've CCAd and SARd BOS, and they have been unable to provide either a signed credit agreement or an application form, sending their usual doctored CCA.
Should I let sleeping dogs lie or challenge them under s51(1)? Has anyone ever challenged a creditor under s51(1)?
Since there is no dispute that you used the card, be wary of this being used as your agreement to accept their T&C's. Because you already had an account with them, they may treat this as an 'extension' to your original agreement, but whether this stands up in court - you'll only know on the day.
Unsolicited Credit Token
sent me a credit card I never applied for. I already had a credit card with them (which I was struggling to pay as it is) so I certainly didn't apply for a new one. The threat of having my electricity supply cut-off and legal action meant I had to give in to temptation and use the card. Needless to say I defaulted on this card. I've partially settled the account and hopefully it should disappear from my CRF this year.
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