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.
I purchased a renault scenic almost 3 years ago. in january this year I had paid almost half the payments and decided to change my car. I made contact with RFS who apprised me of the process to terminate my agreement and I had to pay about £50-£60 to take my payments up to exactly half, this payment was made by switch.
The whole process went very well and RFS even picked up my car.
After cancelling my HP agreement i noticed that my credit report was not changing, in fact it still shows a balance of over two thousand pounds still to pay to RFS.
I telephoned RFS to query this and I think i must have got the company idiot who could at best be described as useless, but anyway, what he told me was that my account had been defaulted and that i was owe over £600. where he got this figure from i have no idea. he could not explain why my account was defaulted or why RFS had not made contact with me prior to defaulting my account and updating my credit report.
I then wrote a letter to RFS explaining what had happened and asked that they update my credit file to show that my account has been fully settled. That was over a month ago and I have still not had any reply from RFS who have still not updated my credit report either.
I am at a bit of a loss how best to proceed from here.
basically i excercised my right under the HP agreement to terminate after half payments were made and now I am in the position where RFS wont communicate with me or update my credit report.
I'd send a letter straight to the MD of the company and state you will take this 'to a well known BBC consumer affairs television show' if they do not comply with your request within 7/14/28 days.
Hi Graemzee - my sympathies as I'm also having a right old wrangle with RFS at the moment. I can't offer any specific advice as none of my tactics have worked but I've now got to the point where they've threatened court action and I've invited them to take that route to settle the matter!
We've been trying to VT our agreement since December 2006 (faxed RFS and their agents seven times with the VT!!!). RFS have completely ignored our requests (no communication at all - just like you), defaulted us and have issued some quite serious threats via their agents for all the amount outstanding. The difference between our situation and yours is we still have possession of the car because they just ignored our requests to pick it up - at the same time threatening us with the bailiffs! To be honest I am not surprised they are treating you the way they are - I've never dealt with such a bunch of muppets as this lot....
From what they have told me they believe they can collect the remaining amount due under the agreement and ignore our rights under Section 99 and 100 of the CCA. They've told me that their standard procedure is to sell the car at auction and make the debtor liable for the shortfall - the idiot I spoke to had never heard of the CCA provisions for those that have paid over half the amount owing. RFS do not deserve to hold a credit licence - Tooth Fairy's advice seems very good but I'd also threaten them with the enforcement authorities. I have!!!
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
RFS - Termination of HP agreement
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but I've now got to the point where they've threatened court action and I've invited them to take that route to settle the matter!
