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.
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I had posted this in the debt collection Industry but not getting much help so thought I'd post in here to see if anyone can help.
I have 3 accounts with HFC:
Marbles Card (CCA sent and its unenforceable as just an application form.)
A small hire purchase loan which they have admitted to no CCA
A larger hire purchase loan which they do have a CCA for and have been paying a reduced amount on since I was made redundant.
On the 14th May I got a letter from them offering me the chance to settle account 3 and will accept 0% of the balance as Full and final settlement of account. It must have been sent out in error as this is the only account they have a CCA for out of my 3??
I wrote to them saying yes I will accept their offer as 0% of the balance as full and final settlement and that as no further payments were due I would cancel the current standing order. I sent it off by recorded delivery so have proof they have it. I heard no more from them so thought brillant my worries were over with them.
However at the weekend I got a letter saying that I have broke the special payment arrangement with them and need to contact them to arrange a payment.
How would this stand up in court, if they decide to go all the way? Also when they put without prejudice, does it mean I can't use it in court?
Can't believe a woman has just knocked on the door from HFC wanting to discuss Account 3. I chased her away and told her that I don't discuss anything at my door and will only do so in writing if she doesn't move then the police will be called or I will remove her from the the property. Of which she quickly handed me a letter and left. Sat in her car for 5 minutes and then drove past my house with another woman in the car pointing at my house!!! I'm livid they have the nerve to come to my house!! My wife is nearly 8 months pregnant and I don't want her put through the stress of this.
The letter just says that they tried to call at my house today but I was unavailble.
I have sent them this letter now. Does anyone think they will try and call again once they get this?
Dear Sir/Madam
Account Number: All 3 account numbers
Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks/months and these have been duly logged by time and date.
Further to your “doorstep call” today, please be advised that under Office Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Pipster v HFC (3 Accounts)
Industry but not getting much help so thought I'd post in here to see if anyone can help.
settlement of account. It must have been sent out in error as this is the only account they have a CCA for out of my 3??
and that as no further payments were due I would cancel the current standing order. I sent it off by recorded delivery so have proof they have it. I heard no more from them so thought brillant my worries were over with them.
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