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.
Hi folks, this my first post, and probably one of many!
For whatever the reasons are (and they are many), I am in a bit of a pickle with lots of debts, ie; credit card payments that I have been struggling to pay-off.
One of my creditors, Egg plc, foreclosed on me last year and passed me over to DLC (Hillesdens). The outstanding debt is in the region of £10,000 and I was making monthly payment to DLC to reduce this debt.
However, DLC have now pulled the plug and wish to take me to court for a Judgement & Charging Order on my property.
I have continued to offer regular monthly payments, and last week sent a request per DPA98, so have 40 days to wait. Today I received the following letter:
We thank you for your recent communication and note your proposals for payment.
Because of the amount of the debt and your inability to make realistic payments, our Client had determined to issue a Claim with a view to obtaining Judgment for payment forthwith then applying for a Charging Order on your interest in the property. The reasoning behind this was that as eventual payment of the debt was likely to take many years our Client felt the need to obtain some form of tangible security.
We still feel this reasoning is entirely valid but we can assure you that the Charging Order is required as security only and, if granted, will not be enforced.
We therefore confirm that we intend to continue with Court action but, other than the Charging Order Application, the Judgment will not be enforced if you maintain payments at the proposed rate. We also require the rate of payment to be reviewed in 6 months time.
Question: As I am new to this game (but will probably be in it for some time!), what should be my next move?
Having trawled through this superb website, my next move would be to request a CCA. Is this correct?
What else should I be doing?
Can they still take me to Court, even if I am making regular monthly payments?
Are there any letter templates I would find useful right now?
I have also spoken with National Debtline, but am still waiting for their info pack.
Any help and assistance would, at this time, be most gratefully accepted.
Egg/DLC vs Trapper
plc, foreclosed on me last year and passed me over to DLC (Hillesdens). The outstanding debt is in the region of £10,000 and I was making monthly payment to DLC to reduce this debt.
Reply With Quote