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.
We took out a second charge on our house 2 years ago. I found out today that for the past 2 years we have been paying mainly interest and nothing off the capital! We requested a Settlement figure and this is actually higher than the original amount we borrowed!!!
I have a statement of charges arriving within the next couple of days which totals about 500.00. We were going to pay this loan off after Xmas and so asked for a Settlement figure. They rekon they are charging us 2,300.00 redemption fee on top of the settlement figure. Is there anyway I can get out of paying this or what letter should I send to them? Or do I have to pay it first and then fight them??
If its over 25K that means the redemption is not governed by the CCA and you can claim the ERC.
You can try asking them to waive the fee although this can be tricky as they can refuse to terminate the agreement until the ERC is paid. I tmay be worth writing to them stating that the ERC is unlawful and therefore could they waive it, in the event they they do not waive it you will be making a court claim for the return of it once paid. If you do this at least 28 days before you are due to pay it you can treat this as your prelim letter and then do another letter 14 days before its due to be paid and if they refuse to waive it as soon as you pay it you will be in a position to issue a claim immediately.