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.
Hi there, we recently had to put our company in to liquidation and the 2 vans on Lease Hire got returned. We had to guarentee the agreements and did so 1 each.
Since then the finance company has sent us letters for the outstanding balance. The balance we believe is not due under the agreement as the vehicles sold at auction for more than any shortfall.
We first recieved 2 letters to my house, one for each van/agreement but both quoting my business parters name. He rang them and asked for a copy of the agreement which they never sent. They have since sent a another letter saying we failed to acknolege their letter and that his home is at risk etc etc, this one was too him at his address which was odd and no mention of the other agreement (THey do have my name though - we know this so it may only be a matter of time).
He rang them again and a guy spent 20 mins trying to make him acknoledge liability for the amount before eventually saying it was clear that he was not willing to pay and therefore he would NOT be sending out anything we asked for. We repeatedly told him that we were not refusing to pay but required proof of the debt and its composition as we believed we didn't owe anything. He put the phone down. We have both calls recorded.
So where next? Can I send the standard CCA Letter with a addtional lines to ask for the composition of the debt and the clauses of the agreement to which they apply or would that not cover Lease Hire Agreements and Personal Guarentees?
I need to see if they are basing this debt on the same T&C's I have and also if I even signed it.
The basis of their claim lies in the RV (residule Value) of the vehicle which is not mentioned in the Termination section accept under clause 8.4 which refers to total loss of the vehicle which obviously didnt happen. The guy on the phone tried to tell us that this RV value was covered under "other sums", yet they felt the need to be specific in the event of a total loss and not if it was a liquidation which at best makes this contract unfair and misleading.
I'm asking for your thread to be moved to a more appropriate section James where you are likely to get more help.
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