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 see a similar post here today but as I've already (stupidly) entered into discussion with them, can I ask advise on my case please? New here, so bear with me...
Old debt from Lloyds closed by them in 2006, current balance owed £1125
Lowell contacted me Feb 08, I called and made an initial payment of £115, agreed monthly payments, no further payments were taken and heard nothing more until July 09.
July letter offered pay 50% of balance or £30 a month d/d.
Filled out d/d forms, returned them.
Next letter, August 09 requesting balance paid in full or call and agree terms. Called them, explained had sent back d/d forms, they said no record of them but can take payment over the phone. They already had my account details to take payment so they had received my response and failed to set up d/d. They say no problem, I'll take a payment now and set up d/d. Ignoring my request to do everything in writing she set it up. Received confirmation of d/d.
2nd September letter stating d/d plan had failed - contact us. 3rd September letter Termination notice, threats of CCJ, bailiffs etc etc.
Where do I stand? Dealing with them over the phone is clearly a waste of time. How realistic are the threats?
If it's a credit card or loan send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)
I look forward to hearing from you.
Yours faithfully **Edit to suit**
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Lowell Portfolio
closed by them in 2006, current balance owed £1125
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