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.
Just a quick one. I've missed payments quite frequently on my contract with 3, which was for mobile broadband, £15 pcm.
About 3 months ago, I caught up with what I owed them, and sent them a letter requesting account closure and Full and final amount due.
got nothing
Sent 1 a month since then and haven't paid them anything.
This month they've had their in house DCA contaact me, and I told them that I have sent repeated letters to request account closure and a full and final bill, to which the girl on the phone didn't know what to do and hung up (politely).
That was about 2 weeks ago. Had nothing form them since, but I know it'll all come back around next month.
Problem is, I never sent these letters by recorded mail nor made copies, so I have no proof I sent them.
Surprisingly, they have never once charged me for late payments, so they don't owe me anything. I just want them to acknowledge that the account should be closed and tell me what I owe up until 3 months ago ( I specualte should be £15, perhaps £30 depending on exact date of letter being received.
What is my best course of action?
Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)
vs Capital One: CCA req sent 6/7/09. No reply
vs LTSB Credit Car: CCA req sent 6/7/09. No reply
vs LTSB Loans: CCA req sent 6/7/09. No reply
vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09
You don't say what the duration of your contract was - 18 months?
You are also asking them the wrong thing, you cannot request a 'Full and final' bill. You tell them you wish to terminate your service with them, giving 30 days notice (ideally, on the same date as your bill). The service will be marked for closure, and you will then have a bill calculated up to the closure dat, with a final bill following based on the any out-of-bundle costs.
However don't do this if you still have some months left of your minimum term, as this can lead to a whopping exit bill!
The contract was for 12 months, which had passed in January/February, so when I started sending letters, that had gone and I assume I was left on a rolling contract.
They never mailed me to say the account was coming to an end, and I don't seem to have a copy of the original agreement to check if I assumed correctly and it continues on a rolling contract after the initial contract duration has lapsed.
Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)
vs Capital One: CCA req sent 6/7/09. No reply
vs LTSB Credit Car: CCA req sent 6/7/09. No reply
vs LTSB Loans: CCA req sent 6/7/09. No reply
vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09
One think I end up saying repeatedly on the CAG forums, and is worthwhile saying here too. You were not on a 'rolling' contract and neither was your original contract 'coming to an end.
You entered into a standard service airtime agreement that would remain in force until you (or they) gave 30 days notice of termination. In addition to this, you agreed to a 12 month minimum term (or 'lock-in') which provided for financial obligations on you should you terminate before the anniversary of your contract signing. Once you entered into the 13th month, this restriction evaporated - but everything else carried on as before. Nothing 'rolled on' or had the potential to end, which is why you were not contacted.
So what you're saying is that such contracts are for a set minimum which the customer is obliged to pay for the full agreed terms of service, after which time he/she is free to terminate the agreement whenever they please (allowing for the 30 days notice) and up until then, the contract continues as normal?
So normally I'd just send a letter requesting they close my 'account', but they haven't responded to my last 3. Should I send another one by registered mail asking to close down this account and asking why they have not closed the account on previous request?
Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)
vs Capital One: CCA req sent 6/7/09. No reply
vs LTSB Credit Car: CCA req sent 6/7/09. No reply
vs LTSB Loans: CCA req sent 6/7/09. No reply
vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09
Not quite. The contracts are not for a 'set minimum' the contracts are 'everlasting', there is only a minimum term of X months (subtle difference, but important nevertheless).
Depends where you are sending your letters. Glasgoe is favourite, quoting your account and mobile number. You provide the ending date - make it run from your NEXT billing date + 1 (If you recieved your last bill dated 25th May, ask for your account to be terminated on 25th JULY. This gives them time to flag the account, and your notice runs from 25th June. This has been found to be fairly robust and gives them time to organise things assuming they take a week or so to process correspondence. Naturally, send this by Recorded Delivery and keep the receipt. For good measure, as your 30 day notice period starts, phone them to ensure your notice has been acted on and they know you've given notice. If they deny knowledge, tell them when you send the letter and when it was delivered to them.
Not quite. The contracts are not for a 'set minimum' the contracts are 'everlasting', there is only a minimum term of X months (subtle difference, but important nevertheless).
Depends where you are sending your letters. Glasgoe is favourite, quoting your account and mobile number. You provide the ending date - make it run from your NEXT billing date + 1 (If you recieved your last bill dated 25th May, ask for your account to be terminated on 25th JULY. This gives them time to flag the account, and your notice runs from 25th June. This has been found to be fairly robust and gives them time to organise things assuming they take a week or so to process correspondence. Naturally, send this by Recorded Delivery and keep the receipt. For good measure, as your 30 day notice period starts, phone them to ensure your notice has been acted on and they know you've given notice. If they deny knowledge, tell them when you send the letter and when it was delivered to them.
OK, great thanks.
Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)
vs Capital One: CCA req sent 6/7/09. No reply
vs LTSB Credit Car: CCA req sent 6/7/09. No reply
vs LTSB Loans: CCA req sent 6/7/09. No reply
vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09