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.
Like a number of people, I have made a bank charges claim against the Co-Op. I was suffering financial hardship at the time and asked that the fsa waiver be applied. Just prior to this, I was overdrawn and I requested that The Co-Op cancel all direct debits.This was requested verbally and in writing. Despite my request, and a letter some weeks later confirming that they have acknowlkedged this, they continued to apply charges as they did not cancel the direct debit payments.
During this time I applied for all charges up the point that I requested all direct debits to be cancelled, to be refunded under my fsa waiver rights.
They ignored these requests and refused to acknowledge that I had requested the fsa waiver rights.
After many months, several breachs by the Co-Op later, I wrote to the fos. Their initial letter stated that this was a bank charges issue and this was pending the test case.
I wrote to them to point out the contents of my complaint had not been read. Part of this was a bank charges claim and that the Co-Op would not acknowledge my FSA waiver rights, part was the Co-Op not cancelling the direct debits as requested and the rest was about the breaches in law and regulations that the Co-Op had made.
After the FSA wrote to both parties, the Co-Op had then passed the case onto Frederickson International, against the guidelines on this. I wrote to Fos to advise them of yet another breach. I am still waiting to hear back from the Fos.
Today, I have been sent a demand from Moorcroft demanding the full overdraft. This is despite the Co-Op being fully aware that the Fos are looking at a complaint against them. Any advice?
Just had a letter from the Ombudsman. Co-Op have offered to refund the charges that should not have been applied after I requested my direct debit payments to be stopped.
The Ombudsmanhave however, ruled in the Co-Op favour. They have stated that they have treated me fairly and are entitled to pursue any debt.
Now call me stupid, but I have had not received any evidence or letters from the Co-Op when it came to dealing with Financia lHardship.
Furthermore,this account was in dispute. The Ombudman has ignored all the breaches made by the Co-op, the Consumer Credit Act, The OFT guidelines on debt collection, and all the other rules.
Unsure what to respond. I am waiting for advice to come out about reclaiming bank charges but it would seem the Ombudsman has ignored the main points of my complaint and have produced no evidence.