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 have read through loads of threads on here, and I believe I have a reasonable shout of succeeding in my quest.
I used to have a More Than credit card, and number of loans and other credit cards. In 2004 my wife and I sold our house, paid off all our outstanding credit and moved to Italy to start La Dolce Vita. Things didn't go to plan, which was massive shame, but two years later in Jan 2006 we returned to the UK.
When we applied for a mortgage a year later I was horrified to find that I had forgotten to pay More Than. I think it was because it was an internet account, no actual statements not much anything from them. They had defaulted me in 2005. I immediately rang and paid the balance, The person I spoke to told me that the default would be removed, of course it wasn't. That has hung over our heads since then, we bought our house at the top of the market on a 95% mortgage based only on my wife's salary, and we have been unable to change to a more favourable rate.
My understanding is that as they did not serve me with a default, and could not have done, as I was not here, they should therefore remove it.
I have used the first letter template from here, and by piecing the snippets from other posts together. I have read that Lloyds have denied receiving the "Registered Delivery" letter, they have claimed the postal order wasn't in the letter, so I have taken some precautions. I left the postal order pay to blank, I wrote the serial number on the bottom of the postal order in the letter, I photo copied the postal order, attached that to the letter too, I wrote my account number on the back of the postal order.
I have a separate case against Capital One, I am sure that was paid off. I will let you know how it all goes.
I sent my "Signed for" letter to Lloyds from the post office on the 8th Feb, I just looked at the Royal Mail tracking website, and it says it was delivered on 15th! WTF I thought it was a next day or two at the most.
In my other ongoing thread I have received a letter from CapitalOne saying that as there is no ouststanding balance, they do not have to send me the default info that I requested in my first letter S78. As there is no outstanding balance here either should I just wait for the Lloyds letter, or just do a SARN now? Although I sent both first letters together the Lloyds one took over a week longer to be signed for delivered? Should I wait and get the same letter from Lloyds or pre-empt this with my request?
I have waited 20 business days since my S78 was delivered, I have had no response from Lloyds at all. Whats is my next step? I still think that like CapOne they will say as there is no outstanding balance, they will refuse my request anyway, shall I just SARN them. I know I can see if the postal order has been cashed, should I send another letter, if so what one. I can see in the other threads that Lloyds are not replying to lots of other people.
I was hoping somebody might have answered one of my earlier posts.
Thanks
Stuartino