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.
ABC depart the case with nothing but a bill from their lawyers. A leaves with the benefit of £X + £Y + £Z equating to the very best part of £30,000.00, and a smile from ear to ear.
I could do with a few dodgy default notices. Do you have any spare?
I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
You can also ding my gong if you prefer.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
I had deliberately tried to keep my first post as simple and straight forward as I could. I hope this expanded version showing the way strands of law can intertwine to build a case is of assistance.
Another excellent Thread, many thanks for taking the time to cover this in detail.
This information will help many people, because I'm sure I am not alone in feeling much better equipped to go out and explain these issues to others on CAG.
You can almost hear the bankers and DCAs groan at this: omigowd, x20 has dropped yet another rock in our pond!
Many other Threads will now benefit from this. The message will soon ripple out throughout CAG!
the moment the debtor pleaded the second DN was defective, the creditor would be at liberty to discontinue and serve a third DN, terminate and issue third proceedings. And so the sequence might go on ad infinitum.
This is what is also being stated by some and what my post above copied from this.
Could someone help me out on my thread as I found this through searching. I have the default notice issue [ not sent or received] before terminating my account. They have only claimed the arrears by mistake it seems . What happens to the balance that remained before termination. can they reinstate? http://www.consumeractiongroup.co.uk...d-without.html
CAPITAL ONE (O/H!): Won £1864.63 including contractual
This is exactly what I think Bank of Scotland are up to trying to ignore the original termination as they are still processing the account and starting enforcement procedure for a second time, this time in the correct manner so that they can claim the full balnce which they did not do the first time.
However, my view is as X20 has said. I have not endured the contract and all payments were ceased prior to the original termination of agreement.
I am gonna really need your help on my thread with these as they are gonna try every thing to get at claiming the full balnce which they didnt do on termination. So please keep looking in
Milly X
CAPITAL ONE (O/H!): Won £1864.63 including contractual
This is exactly what I think Bank of Scotland are up to trying to ignore the original termination as they are still processing the account and starting enforcement procedure for a second time, this time in the correct manner so that they can claim the full balnce which they did not do the first time.
However, my view is as X20 has said. I have not endured the contract and all payments were ceased prior to the original termination of agreement.
I am gonna really need your help on my thread with these as they are gonna try every thing to get at claiming the full balnce which they didnt do on termination. So please keep looking in
Milly X
I am in same position with bank of scotland preference - terminated on dodgy DN but still processing the account!
Well lets stick together on this one as what they are doing is unlawful by processing the account in their OWN interests. Please Cleo complain to the OFT about Bank of Scotland . as the more complaints the more they will investigate. They have asked me to sign a permission to disclosure and if you email them too at theis email address: enquiries@oft.gsi.gov.uk
then it may provoke an investigation.
Milly XXX
CAPITAL ONE (O/H!): Won £1864.63 including contractual
Well lets stick together on this one as what they are doing is unlawful by processing the account in their OWN interests. Please Cleo complain to the OFT about Bank of Scotland . as the more complaints the more they will investigate. They have asked me to sign a permission to disclosure and if you email them too at theis email address: enquiries@oft.gsi.gov.uk
then it may provoke an investigation.
Milly XXX
Hi - I have taken that on board and will give it a lot of consideration - did they terminate yours also? I have told them I will be seeking compensation and quoted cases.
hi cleo4patra--I am also having problems with BOS and default notices (see page 4 ref post 67 i think of my thread)--could you let me have the quoted cases you gave them please
regards and happy new year-castella
Quote:
EFFECT OF FAILURE TO DEFAULT AND TERMINATE AN AGREEMENT CORRECTLY
Failure of a Default or Termination Notice to be accurate not only invalidates such Notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 ), but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd [2003] UKHL 40, Wilson v Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson v Pawnbrokers [2005] EWCA Civ 147) but would also give the Claimant a claim for damages in the sum of £1,000 (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)
Hi - I got this from a thread called MBNA Default notice/CCA whioch is excellent reading - I cannot advise you - I used it because it was very appropriate for my circumstances. Read the thread and if necessary check out cagger Banker rhymes with -his posts are very useful
Tale of a Dodgy DN - Further Discussion
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Originally Posted by surfaceagentx20
