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.
i have been written a prelim + lba to try and recover unpaid direct charges on our mortgage which amount to in excess of 1,000. today ive had a letter saying that these charges only apply to a current account and not mortgage. Surely it doesnt cost 27.50 each time to send me a letter for failed direct debit. what do peeps think issue a court claim now. I am not recovering any ERC just charges.
Re: kimmy v a+l mortgage unpaid direct debit charges
Hi Kimmy,
Two charges claims have been lost in court and there is a danger that they may invoke the indemnity clause in the mortgage to recover legal costs. Having said that one was lost on the grounds that 15.00 was deemed reasonable and the other on the ground that the claimant had not proved his case.
Alliance and Leicester had been paying out pretty promptly before all the problems errupted and have not sought to rely on indemnity clauses. But there is a chance that they have seen the actions of other lenders and may decide to change tactics.
Ultimately it is up to you as to whether you want to continue.
Re: kimmy v a+l mortgage unpaid direct debit charges
Zoot to date do we have a list of any companies that have appeared to have employed the indemnity causes, im particularly interested in the Bristol and West