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.
Just to say thanks for a fabulous site and good luck to all of you - nail the evil f****ers!!!
We are at the beginning of our campaign against our banks and just about to issue our first SARs. I'm 'with the Woolwich' (and have been royally screwed) and my wife is with the delightful Abbey, so we've a bit of a battle on our hands! We're also acting on behalf of my 75 year-old mother-in-law, who is on a very limited income, and who has been treated appallingly by her bank.
If we are successful it will save our finances. I have been very ill for the past couple of years, so our income dropped dramatically. We are now facing a bankruptcy petition from our previous landlords (Brigh[EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]er Estates of Hampshire, a truly delightful company to deal with) for the grand total of an originally owed £540 - risen to £1143 with charges in four weeks (!), and I'm taking my employer to an Employment Tribunal. And we used to have such a quiet life....
Anyway thanks for all your advice - been reading the forums and ready for battle to commence.... We'll keep you updated.
It might be an idea to see if the "charges" that your landlord has imposed are in themselves unlawful, in which case you may have case against them, in the same way as you have with the banks.
This might also have the effect of delaying the bankruptcy action if you are counter claiming against the petitioner...just a thought!!
I've looked at the Unfair Contract Terms Act 1999 and there certainly do seem to be some grounds for claiming that the landlord's charges are unfair. Also the tenancy agreement had not been amended in line with the OFT guidance on ASTs. It's too late to set aside the statutory demand, so I'm relying on a strong defence and a sympathetic judge at the bankruptcy hearing
By the way if anyone comes across a debt collection outfit called Specific & General Services, watch out. They advertise their service on the basis that their clients' fees are paid entirely by the debtors, and their high success rate. This is because they use the insolvency laws to threaten debtors from the moment they start chasing the debt. Their tactic is to constantly threaten bankruptcy, refuse to even consider reasonable offers of repayment, and add costs as rapidly as possible. They are trying to make us bankrupt for a debt of £540, adding fees as quickly as possible to take it above the £750 bankruptcy limit. We owe £12,000 unsecured debt in total to other creditors, the biggest creditor being owed £2,700, and have managed to reach amicable agreements to repay with everyone else apart from Specific & General! Reasonable, eh?!
If you only owe them £540, and they are simply racking up charges in order to meet the £750 bankruptcy threshold, then I would certainly take steps to challenge these charges, and use this as evidence at your bankruptcy hearing in order to get the petition dismissed.
When is the hearing date?
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
The bankruptcy hearing is set for 26th October and I have yet to file my defence. They certainly did rack up the charges rapidly - in just over four weeks they added £603 in charges to the original £540 debt (including £181 'collection fees' for a sum we paid direct into their bank account!). The total amount we now 'owe' is £1,143 and this is what they are attempting to make me bankrupt for.
We have now received a letter from the solicitors acting for the landlord. They have kindly offered to cancel the petition if we pay the original 'debt' of £1,143 plus their client's legal costs - £1,852 alone! Therefore we now 'owe' £2,995 - it was £540 eight weeks ago!!!
It is tempting to believe that the bankruptcy threat is mere bluff. As I mentioned, the AST does not comply with the Unfair Contract Terms Act or the OFT guidelines on fair tenancies. I fail to see how they intend to defend these costs in front of a judge! Even if it comes to a proper hearing I am willing to take my chances - it is now a matter of principle.
Thanks for reading my posts - it's wonderful to get some advice.
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
Well the bankruptcy hearing happened on 26th October 2006 but has been adjourned until 17th January 2007 in order for the petitioner to submit their defence. I am not going to say anything more about it until it's all over in case public statements for an ongoing case would be regarded as prejudicing it or something ( ). However this whole process has been very interesting and I hope to take something away from it that will assist other users. Watch this space! In fact I'll copy this thread to a Landlord and Tenant one so it's easier to find.
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
majorclanger100 vs Woolwich
, so we've a bit of a battle on our hands! We're also acting on behalf of my 75 year-old mother-in-law, who is on a very limited income, and who has been treated appallingly by her bank.
We'll keep you updated.
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). However this whole process has been very interesting and I hope to take something away from it that will assist other users. Watch this space! In fact I'll copy this thread to a Landlord and Tenant one so it's easier to find.
