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.
My sister in law is in a bit of a pickle with fiat finance. She recently went for a credit report as she has been turned down for a fair few loans etc and it turns out it's fiat finance. She agreed with them over the phone to lower payments from 185 to 100 quid a month (which is a long story consisting of a dodgy disappearing salesman) which they agreed to. So the payments were lowered about 4 months ago and nothing was heard since. However upon looking at the credit report, there are now 4 'late payment' tags on the fiat entry, even though the money has been sent on exactly the same day. Fiat are denying everything and are saying that the entries are correct. Infact last month she raised the payments to 200 to try and eleviate the problem. And again, a late payment has come up and again, they say it's correct. As her credit score is now 93 (with nothing else on the report) we need to get it sorted out but i haven't got a clue where to start. Can anyone help? We've tried going through the FLA and the financial Ombudsman with no help what so ever so any help would be greatly appriciated.
Have you got proof (from your bank or whatever) that the payments were made?
And do you have it in writing from Fiat that they'd agreed to the lower payments?
My suggestion: Write to their Data Controller saying that they are processing incorrect data and should correct it, and contact any third parties to who they have supplied this information. Put this in the form of a Data Subject Notice and they have a statutory 21 days either to comply or to let you know their objections to complying.
If that doesn't sort it you can send a lba then commence Court proceedings for non-compliance with the Data Protection Act.
PS: if you don't have proof of their agreement, it might be worth making a Subject access request. It'll cost £10, but hopefully will show up on your records that you'd made this arrangement.
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
Hi, cheers for the reply. UNfortunately, no, we don't have anything in writing as it was all done over the phone which is the main problem. All the statements show the standing orders going out on time and in some cases overpaid. I'll try get the details of the data controller and send out a letter today. Cheers mate.
If you send it to their registered address you should be fine. Send it Recorded in case of any dispute
Barclays:WON!!! It took four months but was totally worth it!
Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
Elephant.co.uk: VICTORY - they admitted there was no debt!
Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!
<--- If I've been helpful please remember the scales
wouldn't they have a right to record a late payment mark on the file if the payments are reduced to below the amounts required within the credit agreement?
Apparently some companies do that,yeah. But for the last 2 month she paid OVER the amount. Experian have sent a letter on her behalf apparently, as most companies are normally more sympathetic when it comes to this kind of thing. I guess fiat finance mustn't care about their customers or something.