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.
Bought Renault in 2003 using RFS. No problems until baloon payment was due. They called me to remind me. I said I couldnt afford the baloon payment but was told when I bought the car that I could keep paying monthly, or return it. The chap agreed with me that I could keep paying monthly.
Now - they didn't take the subsequent payments. So after a few months I chased them up. They said they were not allowed to take the monthly payments I had to pay the baloon payment or return the car. I told them to come and pick up the car - they agreed but never did. Various correspondence followed from me only - they never responded by letter only by phone. I sent a letter threatening to charge a storage fee of £50 per week if they didnt collect in 7 days. They didn't.
Anyway after about a year I wrote to them and said they owed me £2,600 in charges, and that as the car was worth about that now, they could credit my account collect the car and we would be all clear. No response.
I sent a statement every few months of the balance due to me. When it reached £4k in storage charges I wrote to them and said the amount due to me outweighed the value of the car. If they didnt pay up/collect the car I would sell it - obviously I couldnt as the car had finance against it. I then received a call from someone who said they would remove the fiannce flag and my account would be closed and that would be the end of it.
They removed the flag - I sold the car. Sorted I thought. Well all was good until a new company RCI registered a default against me. I called them and they had no knowledge of previous correspondence, no computer logs of phone calls etc.
I have sent the usual request for info letter asking for a true copy of the agreement, true copy of the default agreement and confirmation if the debt had been sold on.
No response.
Today a bailiff visited me to repossess the car! I told him the situation and he was nice about it. Went away and said he would get in touch with RCI.
My question is where do I go next? I dont have the car and they have not responded to my first letter. I probably pulled a fast one charging storage I know but it was being stored in London at a cost. I would even be happy to pay them some cash in Full and final - but not the whole balance due to costs I did incur.
Is there a followup letter I should now send to get this concluded or should I seek legal advice?
Just for info they did file defaults with Equifax and Experian and they have removed the default with Equifax only the one with Experian still oustanding.
You haven't pulled a fast one by charging storage, that is your right and you notified them on more than one occassion as well as statements.
How do you know this was a bailiff and not a debt collector? have you had any form of summons from the courts?
Do you have copies of all the letters and statements you sent?
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Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
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Yes I have copies of everything. I wasn't in when the guy called but he left a message with the other half so I rang him back. He told me he was from Anglian and he had a collection order. That was strange in itself as I had made 36 payments without fail. He was speechless when I told him the story!
Nope I have never had a summons or anything like that. I thought this had gone away.
I am annoyed that RCI just sent someone to repossess the car rather than answer my letter, or call me - I know they have received it as they sent the chap to my new address which was on my recent letter.
Issue with RFS
etc.
- but not the whole balance due to costs I did incur.
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