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.
My partner and I have both recently been released (last 18 months) from trust deeds after three years of repayments.
Due to a payment error we were requested by the trustee to send in three post dated cheques for £200 pounds each and these would be presented to the bank each month until the end of the deed.
Unfortunately a member of staff dealing with our payments sent all three cheques to the bank (RBOS) at the same time who subsequently processed the cheques and charged us three times for the unpaid cheques as there wasn't the money there to cover them.
My partner refused to pay the charges, stopped using the account and asked the trustee to help as it was their error, but they were unable to assist. Now 18months or so down the line they have added interest to the unauthorised overdraft and we are know being harrassed for payment of £120 by a letter requesting payment within 7 days or it will be passed to their collection dept.
We think we will go after them on previous charges but are not sure if we can if the cheques were for amounts larger than the bank charges ie £200 x3.
Ok, having read more into the site, I can now understand that the cheque/direct debit/standing order amount was unimportant, it is the actual charge for the unauthorised overdraft that is the relevant part ie £38 per item.
On the position of having automated threats for payment within 7 days, where do we go on this part as. Do we send a letter back stating the inabality to pay imediately?
Would we need to get this sorted prior to following on with a claim back on other previous charges?