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.
Thanks for that. Don't be sorry, not expecting to get it written off, just want to establish whether they have got a valid agreement before I try and negotiate a settlement with them if possible.
Hi Dotty, I am not an expert on these as yet so would hope you get further clarification on this.
What I would question myself is the following:
On the pdf file:
page 1 is a standard reply. we've had the same ourselves
pages 2-9 are the current terms and conditions not the original ones. There is no relationship between them and the forms at the end of the pdf.
page 10 is just stuff, intending to be a statement (probably ok for the purpose of the CCA request)
page 11 and 12 are the same thing (is one just a blown up version?)
have a look at the following Decleration.
I accept and agree to be bound by the leeds visa card conditions of use as set out overleaf and as ammended from time to time... did you get a copy of these 'conditions of use'?
Did they sign it as well?
Other than that think the rest looks ok, but my opinion only..
Hopefully you'll get some more info/feedback..
Regards
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PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
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Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
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Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
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Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
Thank you for taking the time to look at this for me.
Goodness you have very good eyesight!
No I did not get anything relating to conditions of use, I have scanned everything on that they sent.
The only thing that occurred to me is that whilst the Application form is signed, they do not have a signature on the other page, headed up Credit Agreement, I have not deleted anything in the box where my signature should be and it has not been executed and dated by them. Also the terms of this agreement should be on the reverse but this has not been sent either.
The document entitled credit agreement is made about between you and Bank of Scotland and I doubt you recall having signed a new agreement or actually ever having seen one. So I doubt it is relevant other than to show you the current t & c's. The main thing is the original document from the Leeds.
Hope you get some further comments.
Regards
-
PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
-
Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
-
Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
-
Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
As you say, don't recall ever signing anything with BOS. Think I will send another letter asking for a better copy that is legible and a copy of the reverse of the original agreement which should show T & C's as stated.
Hope you have some success, its very easy to get tied up with so many other things going on at the same time.
-
PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
-
Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
-
Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
-
Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
-
PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
-
Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
-
Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
-
Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
phone calls started this week incessantly and their system just reels off a recorded message and you respond by pressing the relevent buttons.
Anyway eventually got a person at the other end and advised that I was waiting for a reply to my letter, was told they are inudated, no surprise there and my letter was not showing on the system but not a problem she could sort out now.
How? As she couldn't see what I had written, I said I had offered an amount to clear and she said they are not accepting settlements!
What if I was going to pay in full?
Ah well their loss!
Said I would wait for a reply and she said calls would stop now for 10 days.
Lucky me!
I would suggest sending a telephone harassment letter just to try and stop them calling and send them a letter stating that you consider the account to be in dispute until they have responded to your previous letter.
Send recorded 'signed for' and keep proof of postage and get proof of delivery from royal mail track and trace.
Hope you get some other comments too.
Regards
-
PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
-
Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
-
Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
-
Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
Not to sure to be honest, would send the telephone harassment letter anyway and hopefully you will get some further comments.
Regards
-
PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or
obtained and from my own experiences.
-
Case 1 - C L Finance - Court Case 'Stayed' . Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
-
Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent'
-
Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:
- Advice & opinions offered freely but informally, without prejudice & without liability. Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.
Yes maybe someone else may have an idea. They have called me again today and I have said, once again that I am waiting for a reply to my letter!
The caller wasn't pushy, I think he realised that he would not get anywhere and certainly no payment from me!
Must find a suitable letter to send to them, harrassment and non-responsive!
Halifax CCA
, had it such a long time, I had forgotten it was originally with the Leeds.
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. Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:
