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.
Ok this may take some explaining so please forgive me if it goes on a bit.
In October 2009 we sold our house and moved into a new property. We paid off our old fixed rate mortgage with FD and as we were 2 years into a 10 year deal they would not waiver the charge (just over £4k). When it was all done and dusted and our solicitor deposited the funds the old mortgage account was left with £4,168 As I believed that all transactions had now taken place with the solicitor I mistakenly believe that this was what was left from the sale and transferred it to my current account.
As soon as I did that they immediately too £999 pounds which was the arrangement fee for the new mortgage, again I presumed that this was all built into the deal with the solicitors and that thsiwas already taken, I subsequently learned that it wasn't. FD contacted me and I explained what had happened, I was also coming under pressure from my solicitor as they would not release the legal charge over our old house, even though we no longer owned it!
The only way that FD would agree to release the legal charge was for me to take out an interest free loan for £2,760, this was to be paid for the first month at £160 and subsequently at £200. Even though the agreement was in joint names, only I signed it as I did not want my wife to know about it. They have subsequently contacted my wife and told her about the loan and that they have here signature (not true). I have requested a copy of the signed agreement which has been ignored. The first month was paid in full on 5th Feb and £200 is due on 5th March. I do not have £200 per month to pay them due to other financial issues and I am unsure as to how to proceed now.
At this stage they are unaware that I do not have the money, the only reason I signed the agreement was to get the legal charge removed.
Send letter for copy of credit Agreement (see standard forms on this site ) enclosing the £1 and insist is a true copy showing signatures If they have forged wifes signature you have a very strong case
Right, I have had the copy back with just my signature on it, despite them telling my wife that it had her's on it. Is it binding just to have one signature on a joint agreement?
First Direct Loan Agreement...Please help.
with FD and as we were 2 years into a 10 year deal they would not waiver the charge (just over £4k). When it was all done and dusted and our solicitor deposited the funds the old mortgage
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