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, back in feb i sent cca request for my bc, and inr eturn received an unreadable copy of conditions only, nothing else at all.
I couldnt be bothered to argue with them, so i sent a cpr request a couple of weeks ago, and received this in reply.
So many responses i could type to this, not sure which way to go though.
any suggestions, cpr letter two, or something a bit more acidic?
they claim to have sent me the agreement, but i have nothing but a piece of paper tilted conditions.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
ok thanks slick, so cpr letter 2 this week then, im pretty reluctant to use the fos tbh, i dont like their 'moral' standards!
One reason is cos most letters the reccomend them, and i dont like that kind of recommendation, i dont trust it.
ok well i banged up a letter that basically pointed out their failings under the cca, and then also reminded them it was not a cca request, but a cpr request and got that sent off.
well they didnt like that one at all!
had a phone call telling me i have to pay and that they will send a doorstep collector round, and collections will continue, and that they never have to have a copy of my agreement with my sig on :O
cpr2 will go next monday as it will have been 14 days from my last letter, which was just a reminder that they hadnt complied, and it was cpr request, not cca.
Remember, the people calling you probably have no knowledge of, or interest in, your CPR request or anything else to do with your case. They are just after a payment.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
yeh ive been looking through in anticipation, incidentally, so people are aware, 5 mins before they called i had a call from an unknown dmp company, whose name i dont recall now, and i told them i had no problems with any debt, and hung up.
Will be firing off the go away from my door letter tommorow morning.
The guy on the phone insisted they had sent their requirements under my cca reqeust (a copy of conditions only) and that they would be continuing collection activity.
So i think a complaint to ts is in order which i will get sorted out this week to.
He did spend time looking through the details, as he had put me on hold for a good 5 mins. Didnt record the call but made it clear they wouldnt get anything till i saw the signed agreement, which he claimed they have no obligation to show me. He then said goodbye.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
ooh a lovelt, completely invalid DN from mercers on this today.
I assume a Dn is automatically invalid if the account is in dispute with the oc?
Usual letters fired off today
Playing Devil's Advocate here but you can't assume the DN is invalid.
You say the a/c is In Default - BC say it is not. It's certainly not clear that they are in the wrong as their argument for sending out T&C's does have some merit.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
ok have an update now, and a final response from bc.
Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.
Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.
This is a final response to so my complaint will be flying off to the fos today, as they seem to agree that im entitled to see the signed document.
ok have an update now, and a final response from bc.
Apparently section 77 of cca 74 does not apply to cc's, and this part of my request is not applicable.
Their previous letter (conditions) is apparently in the prescribed form in accordance with S61 of the cca 1974.
This is a final response to so my complaint will be flying off to the fos today, as they seem to agree that im entitled to see the signed document.
They are correct in so much as s77 is for loans s78 is for credit cards, I'm guessing your request had both mentioned.
Oh and as far as the default notice goes... does Barclaycard's name and address appear on it at all? ;-) After all they are the creditor arent they and regulations state the creditors name and address MUST be on a default notice.
IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.