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.
Hope someone can help us, we got double glazing fitted in 2003 with finance arranged through GE Capital, we had no probs, payments were being made every month through direct debit with our bank, we then moved house in Aug 2005 (day before we got married) we did'nt inform GE Capitol of our change of address as payments were still coming out of bank. We then changed bank and part of the new banks policy was that they would do all the direct debit transfers for us i.e gas, electric,e.t.c. Everything seemed to be up and running, no probs with new bank, stupid as it seems we did not check our bank statements and it seems that the GE capitol direct debit was not set up. We did'nt realise this until our ex neighbour brought us some mail from previous address and it seemed that after three months of no payment being made to the windows Ge Capital had sent the account to Link Financial. We went to the bank and demanded to know why this direct debit had not been set up and it turned out that GE Capital would not accept the new direct debit mandate, when we phoned Ge we were informed that because we had not informed them of our change of address they were within their rights to pass the account to Link. Now we are getting daily phone calls from Link, if we dont answer they leave messages. They are demanding we pay or they will take us to court and adding on interest. I told them to stop phoning as this was harrassment, because we had a solicitor friend who was acting on our behalf to try and resolve this, now they have started phoning again and totaly disregarding the advice from our friend (solicitor). Our friend told us that this company buy debts and add on loads of interest. We want to pay what we owe, because we do still owe money on the windows even though we dont live there anymore, but we dont want the harrassment. Can anyone help us in trying to resolve this as we dont want to be blacklisted as Link said would happen. Thank you. A bit long winded but i've tried to explain the situation.
Re: link financial problems re double glazing debt
read this re. harrasment
Some creditors or their agents rely on debtors ignorance of the law regarding what a creditor can or can't do. Harassment by a creditor or their agent is a criminal offence under various Government acts that we have set out below.
We would welcome your comments on creditors or their agents who have stepped outside these laws.
The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a)harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;(c)falsely represent themselves to be authorised in some official capacity to claim or enforce payment;(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or(2)of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
We specialise in helping people enter into debt consolidation plans. We will help you through all the stages of the process until you leave debt free.
I
link financial problems re double glazing debt
Hope someone can help us, we got double glazing fitted in 2003 with finance arranged through GE Capital, we had no probs, payments were being made every month through direct debit
with our bank, we then moved house in Aug 2005 (day before we got married) we did'nt inform GE Capitol of our change of address as payments were still coming out of bank. We then changed bank and part of the new banks policy was that they would do all the direct debit transfers for us i.e gas, electric,e.t.c. Everything seemed to be up and running, no probs with new bank, stupid as it seems we did not check our bank statements and it seems that the GE capitol direct debit was not set up. We did'nt realise this until our ex neighbour brought us some mail from previous address and it seemed that after three months of no payment being made to the windows Ge Capital had sent the account to Link Financial. We went to the bank and demanded to know why this direct debit had not been set up and it turned out that GE Capital would not accept the new direct debit mandate, when we phoned Ge we were informed that because we had not informed them of our change of address they were within their rights to pass the account to Link. Now we are getting daily phone calls
Reply With Quote
Originally Posted by boozy
