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.
I stupidly got a car on finance for my now ex and when we split up he continued to pay until the beginning of this year.
As the car hasn't been paid now for over 6 months and has defaulted, incurred charges etc, it has been passed to a debt collecting agency. I am in no position to pay the £400 a month they are looking for so called them to try and sort out a payment scheme only to be told they wouldn't accept my sum (I offered £200) they wanted more (£873!!!!).
My question is really....can they do this? Refuse to take money to pay off a debt?
I'm getting desperate now as they're talking of courts/lawyers and arrestment of wages
whne did you take the finance out? was it a loan or HP?
ida x
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whne did you take the finance out? was it a loan or HP?
ida x
Thanks for replying!
Finance was taken out in 2007, I was under the impression it was HP (Assumed this as I got it from a garage!) but have been advised that it is a personal loan.
you need to send them a cca request. This should get you a copy of the original agreement to check what type of agreement you have.
send them this and inlcude a £1po and send recorded delivery:
Dear Sir/Madam
Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.
There is only an implied license under Scottish 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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
I look forward to hearing from you.
Yours faithfully
Ida x
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Do you have a copy of the agreement there? If not follow Ida's advice and come back to us
Yeah I have a copy of my agreement. Debt has been passed to a company called 'Apex Credit' now who are threatening balliffs, arrestment of wages, court etc unless balance is paid within 10 days!!!!
can you scan and post up the agremment using photobucket deleting any personal info?
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Car Finance...Debt Collection
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Originally Posted by IdaInFife
