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 came to an agreement with this outfit to make monthly repayments towards an outstanding debt of £200. I now owe about £30 but am slightly late this month with my repayment due to financial hardship/bills etc. When the agreement was made, there was no date specified for the repayments so technically I do not think I have defaulted as yet.
I have luckily changed my phone number so they can't ring me but so far they have sent me three letters in the last week alone. The first one just said 'contact me', the second one was a threat and the third one puzzled me the most because it was addressed to 'the occupier' of my flat.
This is what it said:
STATUTORY NOTICE (which statute exactly???)
Dear Occupier
We are writing this letter as we are obliged by law to give 14 days notice of impending legal action against a registered occupant at this address.
This may affect credit applications against this address.
Firstly, I am not registered at my address because it's only a temporary one. Secondly, I'm pretty sure of my facts here their premise is incorrect. I have never heard of an obligation to inform other parties resident at the same address as a debtor of impending legal action unless there is some kind of joint liability at issue. Am I correct?
What is the likelihood of them taking this further? I understand that their license has lapsed but my loan was taken out before this happened.
Has anyone else had this kind of carry-on with them? The payment is only a week late and I will make it next Tues when I get paid.
What should I do? Is it just me or is this a rather underhand tactic on the part of EPDL?
I emailed them and pointed out that they are not obliged to advise third parties of impending litigation unless there is a joint and several liability.
I got quite a suprising response from a semi-literate named xxxx who said 'thanks for your email, it made interesting reading'.
Well, I now have an update on this outfit. Today I checked my bank and discovered to my horror that three cheques, totally £250 had been drawn on my account. I contacted my bank who confirmed that EPDL was the payee. I have reported them to the bank's fraud department who will investigate.
I did in fact give EPDL cheques when I took out the original loan with them but when I came to the agreement to pay off the debt monthly, I cancelled the cheques with my bank because I did not trust EPDL not to cash them. Therefore I do not understand how they went through.
The bank have also advised me to approach Trading Standards which I intend to do tomorrow.
In short, EPDL have stolen money from me. I owe them a very nominal amount and had they decided to help themselves to this I would not have minded so much but they have taken almost ten times as much as I owe them AND I have paid them hundreds in interest already.