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've posted previously. I have an outstanding £750 loan with Moneyshop, taken against cheques from an account that later went into default. I paid interest charges for a couple of months. However, as I missed the latest (November) interest payment as I couldn't afford it, the Moneyshop presented the cheques which the bank then refused to honour.
The Moneyshop took November's interest payment of £117.50, plus a further £75 charges, without permission from my wife's bank account, as I had used her debit card the previous month (I've since cancelled the card!).
I answered their calls initially and tried to negotiate a position, but they were not interested and very abrupt. I then told them to write to me, and I have since opted not to answer their calls. I have not received any letters, but have subsequently received a card from their head office advising that they "have instructed [their] agent to call" this Thursday.
I don't deny the debt, however I need time to repay as the bank default effectively wiped out my banking facilities. I want sensible discussion on the options, rather than inane bullying and shows of strength.
Who will "the agent" be ... a bailiff? And what rights will they have, and do I have? I can't imagine it'll be a visit for a cup of tea and a chat!!
As I understand, I should not grant access. As I also understand, they can't do anything until they've obtained permission from the court, and if they sought this I would be contacted in advance of any hearing as the defendant? Is all of this true, and can I therefore meet him outside and simply tell him to go away, and to advise his/her client to put things to me in writing?
Any advice in advance of Thursday's "visit" would be most appreciated!!!
the threat to call will provably be someone on the phone, if someone turns up it will NOT be a baillif just some scroat on commsion, simple tell them to leave, and if they dont then inform them that you will call the police.
PGH7447
Getting There Slowly
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Advice is given freely but is in no way meant to be taken as Gospel
Thanks PGH. Their choice of the verb "call" does leave it unclear whether this is a visit or a telephone call, however given that they're always doing the latter, I anticipate the former!
I'll tell the "scroat" to beat it! Will my indebtedness be increased by a "charge" for this visit?
Once I can pay the capital (hopefully Jan/Feb), I assume I should transfer the original amount only to them and tell them to sue me for any difference (interest/charges/etc.)?!!!
No, never had a visit, and I've not had any cards for a while. Instead I'm being chased via phone and letter by a company called "Castlebridge Credit Management".
Their latest letter has advised me that "The Money Shop have indicated that if the outstanding balance is cleared within the next 30 days there is the potential that you may be able to use their services in future" ... oh, seriously?!!
I had the same threat from a pay day lender, V Gates, operating under the title, 4Cashnow. They said that it was normal policy to visit one's work place after issuing a default on a loan. I explained my situation and also stressed that according to debt collection guidelines set by the OFT, that such a visit would be against such guidelines, as well as be considered a breach of section 40 of the administration of justice act 1970 (i.e harrassment). they seemed a bit more reasonable afterwards.