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.
Hi... this is my first ever post and I was wondering if someone could help me.
I have been reading the threads and sort of have an idea of whats what but just want to be sure.
Basically my other half is being hassled by Robinson, Way & Company Ltd. over money owed to vodafone... apparently.
Now we are a bit thick and usually just pay when people say pay, whether we own or not, we dont ask questions because they are the ones in the know right??
Well due to the rudeness of the so called telephone negotiators we are going to dispute the whole thing.
Ok the debt is 6yrs and 6mths old.
My other half has not agreed to pay Robinson, Way etc .. anything at all.... what he has told them is that he is financially dependant on me with no income of his own, yet they keep sending letters telling him he is in breach of his agreement to pay x amount a month.
He hasnt agreed to anything either in writing or one the telephone!!
Is it possible to force these people to hand the whole thing back to vodafone and we can take it from there??
Is it possible to send a request for CCA to Robinson Way??
Please help its driving me insane and I dont get any of this.
Also this is my home as are the contents.... can baliffs call and remove anything of mine??
We are not married by the way.
I have been wanting to post here but was a bit shy and felt I would be ignored as everyone else seems to know what they are talking about.
Any chance someone out there in the know is willing to advise a thicko like myself??
Hi Shaz,
has your partner received any letters or spoken to anyone in relation to this matter over the past 6yrs 6mths? If not then this debt may be statute barred due to the time limit of 6yrs. However, if they have acquired a CCJ then this may be a little more difficult. I would send them a CCA for the deed of assignment from whatever company have employed them to chase this so called debt. If they cant provide, they cant collect. Especially with it being statute barred. I may be wrong and I'm sure others on here will point you in the right direction if I am.
Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.
everyone is entitled to MY opinion! I offer my comments without prejudice or liability.
If you found my advice helpful, please click the scales at the top.
My partner did receive letters about this (just through general post so no proof that he received them) but this is the strange thing.....
They messed up with his name on the letters and the account.
He has a middle name that could also be a surname and somehow they got it all mixed up and didnt add his surname, they just left it at first name and middle name.
Then they messed up again and added a totally new surname....
He doesnt even know anyone by the surname they were using and at the time it was me who said... ignore the letters because really speaking they arent addressed to you.
I was probably wrong... maybe he should have acted sooner
If you received letters and didnt aknowledge the debt by replying then unless vodafone went to court and acquired a CCJ against him then this debt would be statute barred, I would do a credit check online with experian to find out whether or not they have and also send a CCA request to the DCA asking for a copy of the signed agreement and deed of assignment from vodafone. They will have 12 days to comply, if they dont send these within the 12 days the debt ( if not statute barred) will be unenforcable until they produce the documents requested, after a further month they then commit a criminal offence and shoud be reported to the relevant authorities immediately. They would then have to explain to a judge before they could enforce the debt as to why they commited a criminal offence. They probably wont be able to provide any of the documents if you CCA them and if no CCJ was acquired the debt is statute barred.
Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.
everyone is entitled to MY opinion! I offer my comments without prejudice or liability.
If you found my advice helpful, please click the scales at the top.
Thank you again.... We will check to see if this has been 'statute barred'??
One things for sure.... if a CCJ was taken out then we know nothing about it because us being the fools that we are then the minute someone said court we would have said oh well cant prove otherwise so have to agree to the court that its a debt and pay up.
No problem Shaz,
if you find out they did get a CCJ it may well be worth making a Statutory decleration to the fact that he never received it to the court, this would then mean they would have to go right back to the time the CCJ was issued and any charges incurred after that would be wiped out, however, if there is no CCJ then this is statute barred and they can go whistle ;-)
Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.
everyone is entitled to MY opinion! I offer my comments without prejudice or liability.
If you found my advice helpful, please click the scales at the top.