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.
As i have loans in arrears with the collections agency at Lloyds, as soon as any money is paid into my account the collections department take what they want and put my loans back up to normal monthly payments.
The question is.
If - When! Lloyds pay me back my money, can i demand it to be paid to me in a cheque to be cashed at my choice?
It is only right if you have given permission. If you are supposed to be on a reduced payment plan, then that is the only amount they should be taking.
If you have evidence to show they have accepted a figure for this repayment, then you should write to them and make it perfectly clear that any further attempts to debit monies from your account will be met with legal action.
If such a repayment deal was verbal, ask for a copy of the telephone recording (under DPA) to verify your position.
With regards any potential repayment of charges, the bank will have the choice, and may decide to put this into your account directly.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
With regards any potential repayment of charges, the bank will have the choice, and may decide to put this into your account directly.
Why should the bank have the choice? Correct me if I am wrong but that money
surely belongs to Breadline? How he chooses to disburse it is up to him. It may be that he owes money to a more pressing creditor. The bank, whilst it may also be
a creditor, is only a repository for our money.We instruct them who to pay and when to pay the money that is in our account. and by various methods they
charge us for that service.
By what right do the banks feel that they have the right to debit our accounts to
repay their charges, overriding our wishes. Why should they have first call on any of our money that comes into our account. We may have had to agree to paying
bank charges, but shouldn't our instructions [to pay a d/d for example] supercede
their charges especially as we did not expressly issue instructions to pay their charges but we did expressly issue instructions to our bank to pay a d/d . And shouldn't our need to feed our families also supercede their
need to recover their charges.
The problem is that the defendant can pay in any way he chooses - As long as he pays it, then he has fufilled the Judgement. Its wrong I know but theres not much you can do about it, apart from request a cheque instead and see if they will oblige!
If you no longer have an account with that Bank then thats a good way around it!
Yes as far as i gather from other peoples expriences, if you have a loan and a current account with for instance Lloyds, then there is a clause that says they can do this!
I went into the bank with £3000 i placed it in 2 sepearte loan accounts , it never touched my main account.
The collection centre then took the money that i requested was for each seperate account and placed it into one.
The money was provided by my mum.
Sorry i get slowed thought process and dont explain brilliant relay sorry.
Is this straight forward?
, as soon as any money is paid into my account the collections department take what they want and put my loans back up to normal monthly payments.
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Originally Posted by jonni2bad
