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.
Good Afternoon All.
New user but but have read before.
I have recieved an infamous yellow Card from Allied International. It is concerning an overdraft facility with Lloyds TSB. I was paying a monthly amount direct into the account of which both parties were happy with. I have now recieved this as well as a phone call. I explained the situation and they informed they had been instructed to collect in full the amount of £1495.00 (or £1016 if i settle quick). I do not have this amount avaliable as I am currently on sick leave and have been for 6 weeks and only on SSP (Hey who can pull that amount from their wallet in an instance nowadays??).
I have offered them a payment of £100 per month of which they have said no. Is there any way i can get them to accept the monthly payment?? I am also worried now that i am going to get bombarded by pohone calls (as read on this site).
If anyone can help at all it would be greatly appreciated.
Thanks Crocdoc! If i write to them offering a monthly payment are they likely to accept it??
Sorry if these are simple things but i am new to dealing with DCA's.
My view is that if you want to pay them but can only manage a set amount a month do not enter into any negotiations with them.
Do your own income and expenditure sheet (for your own benefit, never show it to any DCA or creditor). From this determine what you can reasonably afford to pay. That is your offer and stick to it.
It is not sensible for you to submit to pressure from these outcasts for more than you can afford; because you cant afford!!
Send them a letter (recorded delivery unsigned) with the offer and stick with that payment. If possible get their bank details and set up a standing order. Your offer should include the date you intend to pay it. Set the date so it is convenient to you I.E. for a few days after you normally get paid. Set the SO up for a a couple of days before the date you say you will pay so it arrives there on or before time. This will prevent any hi jinks from them later on trying to use a late payment as an excuse for further action.
If you do the above one of two things will happen:
1. They will accept, probably with some written bluster.
2. They will take court action (I think this is most unlikely but they will use the threat), probably a CCJ. If they do that and you are unable to defend, then they will win but at the hearing you can provide evidence of your written offer and bank statements to prove the payments were made (Hence a regular SO as a paper trail). The court would almost certainly accept your proposals anyway or even allow a lower amount.
Finally, no more verbal communications. Written only. It is one of the biggest rules on this site. If they call put the phone down. If they call back, phone down. If they are a nuisance use the harassment template letter. The reasons for this are they can bully you into agreements you cannot afford to make and there is no paper trail, something you need.