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.
with the debts i have with DCA's, the company in question sent me defaults, then i recieved letters from dca saying you owe us £x on an account with 'whoever'. there was no letter from company telling me who the debt was sold to, and there was no default notice sent to me from the dca.
is this normal, or are they in the wrong with this?
we have around 12 creditors, and about 4 of these are DCA's.
the reason we ended up like this was my husband had to cut his working hours down from 65-45pw, the loss of money meaning we struggled to keep up with payments, and in most cases defaulted. some companies were happy to accept lower payments as proposed by payplan, others defaulted us and sent account to a dca. one example of this is an argos account which is now with moorcroft.
argos sent us a default notice, then next we heard was a letter from moorcroft saying that they now had the account and to call them with payment or payment propsals. payplan are now paying them a certain amount per month and all is running not too bad, however at every contact they ask for more money, which i can understand, but money is too tight and we now have our 2nd child on the way. (unplanned, wouldnt have planned this when money so tight).
anyway im looking really for settlement figures from some of the creditors to clear the debts quicker, using my husbands holiday pay which he wants to take instead of the actual holiday, and if these debts are not properly documented etc im wondering if we have a strong case in asking for a lower settlement figure, as they have possibly commited an offence?
all this i have just gathered from reading other posts, so i may well be wrong and would be grateful if anyone more knowledgeable then me, well, anyone - lol - would make sure that i know what im talking about before i decide on what action to take.
im sorry its so long and i hope thats the info you were meaning
Have all the DCAs bought the debts and are these the ones you want to settle? Because DCAs buy their debts cheaply, they may be more willing
than an original creditor to do a deal with you for cash now rather than
dribs and drabs over a number of tears.
If that is the case, put up the debts and see what advice you get as to the offer to make and any subsequent negotiation.
In the meantime, write back and say that you cannot afford any more than you are currently paying, but you will continue with the present arrangement. Mooorcroft are one of mine - they have been trying to get me to increase for the past 4 years. As long as the current payments are made, then they won't hassle you. After Xmas, I plan to approach them with an offer, but I have no intention of increasing the monthly payments.
Hi helz 1st welcome to the club. 2nd When I requested more info & didn't mean WHY you got into problems. I meant who, what & where. The reasons why you got into difficulties are not important so please don't feel you have to explain yourself here. We all have stories to tell. 3rd Read the FQA's & when you think you understand the procedure start the ball rolling by sending your S.A.R - (Subject access request)'s & if you have more questions (as you will) just ask.
There are a lots of people on this great site who will support you & help with sound advice so don't be afraid. You have rights & these companies hope you'll never discover what they are......you will now!
It's a breach of the guidelines as agreed with the OFT for them to harass you to increase agreed payments
thanks all for your replies, JonCris, would i be asking for SAR with view of making a claim for charges to be paid back to me? i thought about this as it would reduce the amount of the debt owed, i just wish it wasn't £10 per request or i could get it sorted faster. i could see to one or 2 of them at a time? also another question, would i wait until a reply from the cca request was received? or just carry on and ask for SAR?
right. that sounds like it makes sense. just to clarify though, would i wait until cca was complied with or until they were in default on dec 28th? if i can withhold payments due to them being in default then i can use that money to send SAR's.
i may be confused but can i clear this up?
's, the company in question sent me defaults, then i recieved letters from dca saying you owe us £x on an account with 'whoever'. there was no letter from company telling me who the debt was sold to, and there was no default notice sent to me from the dca.
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