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.
Over about a six month period, four years ago, I was hit with about £300 of charges for overlimit/late payments. Eventually RBOS agreed that I could pay a lesser monthly fee (£70 as opposed to the min. £90),
although this meant that the overdue amount on the account continued to increase due to the above lower payment.
Eventually RBOS removed this overdue reminder from my account after 3 years of meeting the above arrangement.
I have now issued a county court claim for a return of the original charges. RBOS have responded to this with a demand for the full overdue amount mentioned above (some £400), to be repaid 'NOW'. Fortunately this isn't an issue, I'm just curious as to whether they can actually do this??
In short, yes. If you have defaulted on your payments they are entitled to demand the whole amount to be repaid.
Obviously this won't affect you as you have issued a claim so the account is in dispute, and once the claim is settled you won't owe them £400.
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.
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Hi SO100, probably not going to be much help but just saying hello. I would have thought that if your account is 'in dispute', they couldn't do this but I am not certain. I'm sure somebody with more knowledge will be along shortly to offer a more constructive answer.
Thanks for input, seems a little harsh though seeing they had removed the overdue amount from the last 6 months statements, then reapplied it after the CC Claim........but i'm not suprised!!