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 have a loan with L&S, and in 2003 I was made redundant. The loan was originally taken out with Dean House Finance (for DG windows) and a few months after starting it we were informed that it had been passed/sold to L&S. We took out payment protection with Dean House.
Now as I mentioned I was made redundant in 2003. I claimed on the payment protection, sent all forms that were requested of me. After some months I received threats from L&S about non payment of the agreement. I again explained that I had been made redundant, and was seeking work, and that I was claiming on my payment protection policy. L&S told me they were not concerned about the payment protection and I still needed to make the monthly payments. We agreed that I would pay £25, until the payment protection kicked in or i fond work.
I got onto Dean House to find out why the payment protection had not kicked in, and was told that they could not get hold of my previous employer to therefore could not make the payments. I explained that the offices were no longer there and they would not be able to get hold of anyone there. I even offered my old boss's phone number but they said they could only correspond with the address they had as my employer. From here on I could see this was going to be a headache.
Some months later L&S suggested I cancel the payment protection as it looked like it was not going to pay out, and any refund I get pay onto the L&S loan. I did this, but received 1/3 of what I had paid, and paid this onto the L&S loan. 9 months after being made redundant, I found work and continued my monthly payments. L&S are defaulting me every month on my credit file, even today even though I am making the payments (well more than the minimum) I have questioned this and they tell me this relates back to 2003, and that I am £1200 ish (interest on top of interest etc) in arrears still. Until these arrears are cleared they will continue to keep defaulting me.........
The worst thing is we have already paid back more than we borrowed in the first place, and still owe more than half. We recently asked for a settlement figure and there was zero rebate.
I feel we have been really stitched up between L&S and Dean House Finance, (that’s who we had the payment protection with) 4 years ago and we are still paying for this with the monthly defaults I am receiving. I can not afford to pay £1200 at the moment, they are adamant the defaults are correct. Is there anything I can do, especially since 2004 (when i was back in work) I have kept my payments up......
These defaults are killing me. I cant get a remortgage now, and have recently gone upto SVR, an extra £200 on the mortgage.........
Just stumbled across this... was wondering whether you'd made any progress? It's not something I could advise you on but I can't believe there isn't something that can be done to redress the appaling treatment you've received.
Fred_Funk
NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08
Given the background, I would be looking at some sort of legal redress with regards to the PPI. They have sold you a policy and then renaged on the slightest technicality even though you took every step possible to allow them to verify your claim.
The fact that you subsequently cancelled should not affect this claim.
The other option, depending on your financial circumstances would be to go for a fixed fee interview with a solicitor (usually around £10) and see what they have to say.
The default situation at present is hard to resolve but if you can get some form of action with regard to the PPI then you can go back and attack the DCA on those grounds.
I would also be looking for compensation for the hassle they have put you through.
Not an expert by any means but what you have been subjected to is morally if not legally wrong.