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 unfortunatly i have been in a cycle of using several payday loan companies to pay the repay other loans, i have just defaulted on lats months payment with chequecenter, they have been harrasing me at work every few hours since then saying that if i do not pay at least 50 of the balance today then they will serve me with a default and immediatly arrest my wages, can they do thi so quickly? is there anything i can do to slow this down, i am not arguing that i owe the money i just cannot afford to pay anything at the moment,
I know bailiffs are not allowed to call you that often, so I think the same rules will hold for these guys; the next time they call, tell 'em that all further communication must be in writing or you'll report them to OFT for harrassment.
I don't think they can arrest your wages that fast; there are always processes to be gone through. You need to write to them, recorded delivery, explaining that your circumstances have changed and that you cannot afford the original repayment. Enclose a repayment plan and the first payment. You must stick to the repayment plan, that's very important, so pick something that you can afford and make sure you tell them which day of the month the payment will be made and that you stick to it. You also need to watch out for unauthorised direct debits on your accounts, if they have your bank details.
Probably not a good plan to take out any more loans at the moment, just concentrate on paying off what you have. It's really tough, I know, but hang in there, you can do it.
I know Ida will be along at some point too, she's very good with this and has helped me with things I needed to get sorted too.
thanks for that, they are pressurising me on the phone to make paymenst of 125 a month for 4 months i have offered to pay 40 a month just now as that is all that i can afford at the minute, do they have to accept my propasal? or will i have to end up in court with a wages attachment like they threatened to do yesterday
thanks for that, they are pressurising me on the phone to make paymenst of 125 a month for 4 months i have offered to pay 40 a month just now as that is all that i can afford at the minute, do they have to accept my propasal? or will i have to end up in court with a wages attachment like they threatened to do yesterday
So far as I know, the most important thing is that you're not refusing to pay them back, so even if it does go to court, the fact that you've made a payment, have provided a repayment plan etc will go very very much in your favour. They would be very silly indeed if they refused your offer and most courts would see it that way. You're not avoiding your debt; you're being responsible about paying it back at a rate that won't see you starve or neglect your other obligations. I'm also pretty sure that no one is going to attach your wages; so far as I know, that's a last resort step for people who either continuously break payment plans or refuse to pay.
If they are still phoning you, you need to make it clear that you will not take their calls and all communication must be in writing. Get the payment plan off to them asap. You also need them to give you a total amount that you'll be repaying.
I think it might be a good idea for you to go and speak to either CAB or a debt management company. I, unfortunately, don't know any to recommend in Scotland. However, I'm sure Ida does - can you suggest any?
Hi
Worth you taking a look at the pay day loans forum. Lots of similar examples of these companies tactics. They will ultimately have little choice but to accept your reasonable proposal to clear this. Send them the harrassment letter if needbe to stop the calls.
I don't know Scots Law but I assume as down here they would have to get a court order to arrest your wages and even then only after you have failed to comply with the terms of it.
The important thing is to make sure they don't have access to your bank, If they are using a debit card for payments make sure you 'lose' it and get a new one otherwise they will clear you out. Also canel direct debits, cheques etc.
as above if you gave them any card edtails assocciated with your bank account phoen your bank as say you have lost the card so you can get a new one and ensure all dd's from them are cancellaed as they wioll apply and apply and apply again.
as above put your offer in wiritng and just stick to what you have offered.
i think it's letter B and I would advise to make up your own i and e sheet (although you are under no obligation to do so) and include this with the payment proposal.
you can also send this as well:
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, fos, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded.
Yours faithfully,
and if they phone you again just say you have sent them corress and to stop calling and to put anything in writing
ida x
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