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.
Superman, start off in the FAQs area, there is a user guide (user guide is linked in my signature, but have a look at other threads too) in there which does include information about defaults.
Have a look around that area, there should be plenty of good information in there.
____________ If my post has been useful, tip my scales and let me know
I have been defaulted Q. I have been "defaulted" by my bank. What can I do?
A. This can cause serious problems for a long time. You should try and avoid this if you can, but this will normally have happened before you even begin to start recovering your costs.
Users are currently testing the legality of Default Notices placed as a direct result of charges imposed on the account. Read our DPA section for more info and guidance.
---
Q. I'm sure it was the penalties which put me into a position where I was defaulted. Does this mean I can get it removed?
A. We believe this is an abusive practice by the Banks. If you decide to recover your charges then when they are offered back to you make sure that part of the deal is that the bank agrees to remove the default entry entirely - not just enter a correction or say that the default has now been satisfied.
As a 'general' rule, if your charges total was either equal to, or in excess of, the value of the default, then it would be reasonable to assume that the default entry was unfair.
If the bank refuses to do this then you should refuse to settle and proceed to court. It is most likely that the bank will concede to your request. If they do, then get it in writing immediately and make it clear that you will not interrupt the claim process until it has been done. There is one report of the Nationwide having reneged on its promise to remove the default. If your settlement is subsequently recorded by the judge, make sure that this aspect of default removal is recorded as being part of the deal.
You can let the bank know that if you are proved right in court, that you will take the view that their default notice is defamatory and is a breach of their duty of trust. This may encourage them to meet all your conditions.
Help
The Consumer Forums
Reply With Quote
SUCCESSESS
CURRENT CLAIMS
Originally Posted by SupermanX
