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 had an issue outstanding with t-mobile for well over 6 months now it all started with me escalating an issue to the directors office concerning what I was told by an advisor.. It then turned very ugly and they basically bullied me into a lesser deal...
I then called them the next day to say I was not accepting their deal.. they stated to me that they saw this as unnecessary harassment and stated I was making nuisance calls to the network seeking attention and my complaint would not be upheld,
I protested this stating I felt they were using bully tactics and that I would like the matter investigated.. they proceeded to offer me a call back..
Upon calling me back they stated that they had called their legal team and that the legal teams advice was to ban me from the network.. I asked what this meant and would I be welcome to continue as a customer and was told that "people with my credit shouldn't be allowed a contract"
I was given my PAC and accepted this under duress... how ever I did not use the PAC ans was then informed my account had been charged the ETF and terminated.
I have been receiving debt collection letters from Buchanan Clarke & Wells stating that they will be seeking a CCJ for the total amount owed (£469)
On the off chance a client of mine contacted me today with some interesting news that they had just accidentally called my old number and that it was going to voice mail...
I proceeded to call t-mobile and was told my account had NOT been terminated as they had led me to believe and that I was still a customer with them..
what I would like to know is where I now legally stand..
1) Can I use the fact they used bully tactics and degrading remarks in my favor
2) Can they legally seek litigation and a CCJ whilst my account is in a suspended status and not terminated with the company.
3) Am I within my rights to ask for an internal investigation into the way the matter was dealt with by the directors office and legal team last year
4) Finally where do I stand with paying the monies owed to them I have not yet acknowledged the alleged debt with them and the debt agency.
(1) No
(2) Yes. You cannot 'seek' a CCJ. You raise an action, win, and if the debt not paid, a CCJ can be applied for.
(3) No. You have no 'rights' to this
(4) You do not need to acknowledge the debt. It is sufficient for them to state that it is owed and ask you to pay within 30 days. (They cannot offer extended payment periods).
Clearly - the reasons behind the termination are complex, however if there is money owed, then this requires to be settled. Networks have been 'banning' customers for years... it is nothing new.
Rather than worry about a CCJ (which is unlikely) you may already have your credit file fried by them - so you should check this with urgency to see what is in there.