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.
This is my first posting but I want to say thanks for all the great advice I have already picked up from members on this site.
I have seven credit cards, five of which I would like to challenge asap.
I have already gone so far with an MBNA (£5700 appox) claim via a 'specialist company' and they have identified sufficient breaches to put my claim to their panel of solicitors. Cost me £295 so far, which I don't mind on this occasion as they have convinced me that their court cost insurance package would protect me if things were to go wrong????
I am now waiting for a response from their solicitors which seems to be taking an age! Now, I aint stoopid when it comes to legal stuff but admit I am not familiar with the ins and outs of these types of claim yet so I would appreciate some basic advice. Next stage for me is to sign an agreement to proceed with the solicitors so I am hoping someone can advise me soonest on the following before I commit to something which might sign my best interests away!
I've had the MBNA card since 2003. Must have paid them a fortune in interest over six years. I think I have read somewhere that, if a successful claim is made, the lender has to refund certain payments. If so, does this go straight into the solicitors pocket in total!
Capital One is next. Owe them £1800, again started in 2003. Never missed a payment - now they have upped their rate to 34.9%!!!! Words fail me. I have all the paperwork they returned to me originally. Don't look like a proper agreement to me - but cant remember if I signed an actual contract or not. I certainly don't have one (I am one of those sad ba****ds who keeps every receipt etc!) Will I have to go through all the rigmarole of writing off for a copy etc.
So far, my record of payments to all my lenders is squeaky clean - but I can't keep this up much longer - age 64.5, not presently working due to illness; have £175K in provable equity in 2 properties both mortgaged to Halifax, one going on sale shortly, should realise £150K for me - but Halifax wont even consider a loan to keep me going due to no significant income at present. I really want to protect my credit rating since I plan to go back into business as soon as the first house is sold. But seems just cant borrow any more to keep going due to my circumstances. Selling off personal items to survive! It would be a shame to default or make arrangements at this stage and lose my credit rating when I'm so close to being in the black and ready to get going again!!
Should I go ahead with MBNA via the agents? Please help!
Hi Justin Tyme,
Welcome to CAG, and I'm sorry to hear about your circumstances.
We generally advise people to challenge their own agreements on here as it only costs £1 to get a copy of the agreement, then there's a wealth of experienced Caggers to check it's enforceability for free!
That said, I fully appreciate your position and the need to protect your Credit Rating, so it is a difficult choice, as DIY challenges do tend to threaten your credit rating if you stop payment on the basis of a flawed or absent agreement. However there are options to fight for default removal in those circumstances but it can be a long haul.
There are good and bad Claims Companies, lots of threads about them on here if you click the search button and type in CMC or Claims Management Company. We tend to be wary of those demanding high upfront fees.
If you wish you could scan and paste up a copy of the agreement they are dealing with at the moment (blanking out personal details) so Caggers can look it over for you..might give you a better idea of your chances.
Sorry I can't be more help, but this will bump your post up for the day shift
All the best,
Elsa x
PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX
Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL.
All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert. Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx Please click the *star* of any CAG member who has helped you .
PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX
Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL.
All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert. Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx Please click the *star* of any CAG member who has helped you .
Unenforceable credit agreements
(£5700 appox) claim via a 'specialist company' and they have identified sufficient breaches to put my claim to their panel of solicitors. Cost me £295 so far, which I don't mind on this occasion as they have convinced me that their court cost insurance package would protect me if things were to go wrong????
Reply With Quote
