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.
Closed account with A&L which they advised I owed a sum of money. This was made up almost entirely of illegal charges... 3 in one day twice.
After totting up the charges, I calculated I acually owed them less than £5. Sent letter stating loosley based on the lba stating Consumer regs etc enclosing a cheque & stating " I calculate that £xx is owed to you and enclose a cheque to this value in Full and final settlement."
Reply received basically ignoring the content of my letter giving all sorts of blurb about keeping in credit & checking balance etc howver the account is closed !!!!! They then went on to say that they are unable to help further and cannot offer a refund. No mention of my cheque.
This morning I get another letter frim their Debt Recovery Division referring to my payment received in respect of my former A&L account.
They state that the account is being dealt with Tessera Credit Services and I should contact them to arrange future payments - No address or telephone number mind !!!
As A&L have now cashed my cheque which I stated was in full & final settlement, do they have a case to persue. How should I phrase my reply ?
The law on this is relatively simple. For it to be Full and final settlement both sides have to accept it as full and final.
There is a presumption that the settlement is full and final unless the other side informs you that it isn't before you've had time to conclude that it is.
There isn't a fixed period for this but case law indicates that a response saying it's not being accepted that is sent within a few days is a valid response and full and final settlement has not been reached, but one that is sent a few weeks later is too late and the settlement is full and final. It depends on the facts of the case so make sure you keep all correspondence.
In other words you need to wait and see what they do next. The longer they're quiet the better it is for you.
Sent initial letter enclosing cheque 26/2. Reply received 7/3 but no mention of receipt of my cheque nor that they did not accept my "Full and final settlement". Now receved letter this morning stating futyre corres to be with Tessera. My cheque was cashed after I received their reply of the 9th.
I'd be tempted to wait and see how long Tessera take to contact you but I suspect them passing the debt across to a collection department would be viewed as them not accepting the cheque as Full and final settlement.
However they have not stated that so I am tempted to reply restating what I said in my initial letter to them restating the facts regarding penalty charges etc
Do you agree, if so what's the best way to word it ?
My thinking is that if you want to stand by your f&f offer you don't want to do anything other than for the moment maintain that the account is closed and the matter is dealt with. If you start trying to reclaim charges you're acknowledging that the debt still exists.
If your ultimate goal is to extinguish the debt on that account I'd still be tempted to wait and see if Tessera gets in touch and go from there. You've then got two ways to tackle them - the standard reclamation of charges to reduce the balance, alternatively the claim that A&L accepted your f&f settlement. More strings to your bow, if you get what I mean.
No I don't have any other accounts with them. The charges effectively made up the debt so my thinking is that A&L should write them off then the matter will be closed and account cleared.
If the account was still open I would be doing the usual process to get the charges paid back into my account.
Well I thought this had died a death but lo & behold a "nice" letter was received Thursday from a DCA called Equidebt Ltd based in Warwickshire. Had no correspondence from A&L, Tessera or anyone since the letter mentioned above on 15/3/2007.
Usual blurb stating payment in full by 24/8/2007 ( Letter date 14/8/07 ).
Could someone advise best course of action ? No point in CCA as I know the make up of the figure. Do I just write back and refer them to previous correspondence.
Advoc8 - Regarding your reply above, I would think that there has now been sufficient time delay that my initial "full & final settlement" offer should be accepted by default. Could I ask your opinion please.
Thanks in anticipation.
If my advice as been of help, please give me a quick click on the scales to your right
Referring to the above but slightly off track, I've received a standard letter from A&L regarding penalty charges and the recent court case by the banks.
They state that they were not part of the group action however are awaiting the final outcome. Meantime they have asked the fos the suspend the timescales that they are commited to in dealing with "complaints" of this nature.
In viewe of this I will be sendinf dear old Equidebt a "sod off" letter.
Basically have resonded to them as per P1 and will await their response. if they still insist I'll advise that "complaint" is ongoing.
PS- They rang me yesterday but would not speak to them even though they wanted to talk about "the alledged debt.
We'll wait and see.
If my advice as been of help, please give me a quick click on the scales to your right
Charges on closed account
stating Consumer regs etc enclosing a cheque & stating " I calculate that £xx is owed to you and enclose a cheque to this value in Full and final
settlement."
Reply With Quote
