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.
Oh boy, does my financial situation seem to be getting worse.
As if I don't have enough of these people to deal with, having had my business collapse completely and have to close...
I had a credit card with RBS which hit its £3k limit and I couldn't pay back very well. I DID make an arrangement to repay £60 per month (couldn't afford, but managed) until a few months back when I ran out of money altogether... By this time, the £3k debt was down to £2100...
Lately I've had a guy called 'Mr Kennedy' from AIS on behalf of RBS start plaguing me with phone calls. In one of them he said to me 'we want immediate repayment of the full balance.' I told him he must be joking if he thought I had that kind of money and they were more than welcome to take me to court and get a CCJ, and I'd happily tell the court that I could afford £15 per month. He assured me 'we don't WANT to take you to court, sir, we don't want to put you into that difficulty... We just want our money back NOW.' He even told me to 'go away and think about it over the weekend.' When he rang me back I told him nothing had changed. I got told yet again that he wanted all the money now, and didn't want to take me to court over it, as if this was something I could easily do. He even had the audacity to ask me what assets I had so that RBS could have their money back. I told him to get in line behind much bigger fish. So then I wrote to him, having been told that he could not authorise a payment plan, only full repayment, and could not authorise a write off on the debt of more than 15%. I asked for a write-off of 60% and that I would find the remainder of the money somehow. I also explicitly stated that I would only communicate in writing, and would not 'deal' on the phone.
I have had no response except a letter to say 'ring Mr Kennedy' and several phone calls a day either from Glasgow numbers, or from caller withheld numbers leaving messages to ring someone at Allied Coercion Services (or whatever they're called) and now I'm getting text messages to my mobile to ring a Mr Gallagher IMMEDIATELY with my AIS reference number.
How on earth do I deal with these people? I've been turned into a nervous wreck by the bullying, head against brick wall, frustrating tactics of the call centres and debt collectors... Yet they won't either give up and just put it in writing, or put it in writing anyway. It would almost be a relief to get a petition from a county court for liability on the debt, because at least then I could write back and say that I admit the debt but have limited means to pay it, and make a token repayment offer which, I understand, the courts tend to look well, even if it is £20 per month...
I need advice sharpish, please. Anyone with any experience of these wigglers and their tactics, who might know how to deal with them...
Just when I think I've managed to get a means of dealing with one of these things, another one emerges to defy even basic decency and try to hound me into an early grave...
FWIW, if you have become a nervous wreck, then get it put in writing - go to the doctors and get it certified.
If they continue to harrass you on the phone, I don't know what the next step is but I would imagine that you will have grounds to file against them in court. That paperwork will become invaluable when the judge comes to decide on damages.
Given that you have already sent them a letter telling them to deal by letter, you may already have grounds to file against them so you should look into this.
As Hydra has said, get yourself fully immersed in the DCA forums and all the information they have to offer. There are plenty of people in similar situations which may help to relieve some of the tension. They will have plenty of advice for you.
As soon as you have calmed things down with the debt recovery and things are (relatively) calm, look to start the process of recovering any charges you can from the banks as you will no doubt have accrued a few during the last 6 years. Any questions, fire away.
Good luck.
If my post has been useful, tip my scales and let me know
I wasin exactly the same boat as you.
I received a letter two days ago from RBS admitting that there is nothing they can do to collect on my debt (£1600)
Follow the advice in this site.
1 Get everythingin writing from AIC - they can't write
2 Challenge the ebt - they have to prove and they can't
3 AIC pass it back to RBS but too late to be enforceable
4 RBS ask you to pay up - tell them to [EDIT] go away - out of date
5 RBS admit they cannot enforce it but suggest that you are "morally" liable for it
6 Have a good night's kip
At the moment I am stage 5 and am aboutr to senda letter to RBS to tell them I have no morals.
RBS and AIS (Allied in Glasgow)
which hit its £3k limit and I couldn't pay back very well. I DID make an arrangement to repay £60 per month (couldn't afford, but managed) until a few months back when I ran out of money altogether... By this time, the £3k debt was down to £2100...
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