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 would like to know whether or not it is legally permissible for a bank to post default notices against a client while there is an ongoing dispute, acknowledged as such by both parties, in writing?
The loan is question was made under the Consumer Credit Act 1974.
The basis of the dispute is whether or not a substantial sum offered in "Full and final", and cashed as such, was, in fact, such.
While this debate was ongoing, my credit rating plunged to an alarming and damaging degree.
I have records of both "before" and "after" and have been refused a business bank loan since.
This has never happened before in 20 years of trading.
As far as im aware there is something within the Banking Code of practice which covers this:
13.6 We may give information to credit reference agencies
about the personal debts you owe us if:
• you have fallen behind with your payments;
• the amount owed is not being disputed; and
• you have not made proposals we are satisfied with
for repaying your debt, following our formal demand.
Make an official complaint to your bank in writing requesting that the information be removed until the dispute is resolved
Halifax Bank - Owed £1599
23/3 - Data Protection Act sent
24/5 - Data Protection Act finally arrived
25/5 - Demand for repayment sent
04/10 Court bundle filed with court and Halifax
29/10 STAY ISSUED
JAN 08 - Currently being harrased by debt collectors!
Mar 08 - New DCA - Stopped in there tracks
Jun 08 - And another
Jul 08 - Complaint made to HBOS
Nov 08 - My accounts been sold to a DCA
Jan 09 - New complaint issued against HBOS
Mar 09 - Halifax re-aquired the debt
Apr 09 - Applying for Hardship.
at least they removed 2 defaults in selling accounts!
I dont not claim to know everything and any advice i give should be treated as MY opinion.
Adverse Credit Entries.
", and cashed as such, was, in fact, such.
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