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.
A few years ago I took a loan from Barclays to pay off a credit card debt. I subsequently took out a top up loan a couple of years later. This second loan was taken whilst I was unwell and the sale was made over the phone and then documentation sent to sign. I did not believe at the time that I suffered from a 'pre-existing condition' and so did not declare anything. (I was off work with a 'stress' and believed I would return to work shortly.
However, my health deteriorated to a point where I lost my job and whilst I may have had a case under the Disability Discrimination Act I did not pursue it as if I had my employer would've withheld my last paycheck whilst the matter was in dispute. I had rent to pay so decided to just let it go. By this time I had been diagnosed bipolar and wasn't in any state to take on further stress.
During this time I defaulted on my loan repayments to Barclays (my memory of this is somewhat hazy due to my health at this time) and eventually the debt was passed onto RMA. This was in 2003. That summer I suffered much harrassment from them as has been very well documented in this forum and they ignored requests from my local CAB to deal in writing with them. I have sent in financial statements and paid them £5 per month since then. Recently they just call every 6 months or so, I say my situation hasn't changed and they carry on taking their £5.
At this time I also made an insurance claim to Barclays as I had bought PPI with the loan. This was refused on the grounds of my condition being pre-existing, despite it not being diagnosed until after the loan was taken.
Last year RMA offered me a £3,000 discount if I could pay within 90 days, which I could not. Then I received a letter from Barclays Insurance saying their loan terms and conditions had changed and they would look at my claim again. They were referred to my doctor and again the claim was refused. It seemed very odd to me that they could reconsider a claim, surely the terms and conditions signed at the time stand? Anyway.
By sheer chance I came acroos the Financial Ombudsman and when I made an official complaint against Barclays Insurance I almost instantly received a letter saying the Underwriters were now able to pay out on the original loan for the term 2001 - 2006 but not the top up loan which was taken in January 2003 because of my condition being 'pre-existing'. I had to confirm that I'd not worked for period and was paid £125 per month as per the agreed repayments. This came to £4,700.
When Barclays Insurance paid out they asked me if I wanted it paid into my current account, or to the existing loan account. Now I don't think I have a loan account with Barclays, they ceased doing business with me and closed my account back in 2003. I'm sure they debt has been sold to RMA. Clearly I asked for the money to be paid into my current account (with the Co-op).
Here's the thing. I've been a bit naughty and paid off my La Redoute catalogue account of £700 because it was costing me too much per month etc etc etc. This leaves £4000. What to do? Am I bound to pay RMA? They have already reduced the £10k debt by their offer to reduce to £7k. Should I ring to make an offer of full and final settlement of say 25%? Should I send in a CCA request and hope they don't have it thus making the debt unenforceable?
I don't think they're charging interest and I've no idea how much left I've got to pay after nearly 4 years of £5 per month.
Any advice would be most welcome! Sorry for the lengthy essay but I felt all details were necessary.
If you want to make a Full and final you should really start negotiating at around 10%. You have been on reduced payments for a few years now, so have more scope to negotiate.
You should tell them that this is a one off opportunity which is time limited. You only have x amount of money to spare and will require acceptance of this as a full and fonal settlement of the loan in writing with no strings attached.
Alternatively, if you want to send them a CCA request go right ahead - this will probably only strengthen your position.
Do not negotiate over the phone. Everything can later be denied. Only communicate via writing.
if your condition was not diagnosed, i would chase the PPI. if they will refuse to pay still, i would write to the Financial Ombudsman service. I would also write to Barclays asking them why they are recommending PPI products from a company as d***y as themselves! Thats like me not being covered after being hit by a bus, reason being, the bus was built before your policy started. ridiculous.
It is all quite ridiculous, you're right! For now I've sent off my CCA request and not had a squeak out of RMA so fingers crossed I'll be cash up soon. I really did expect them to be straight on the phone so it's a bit of a surprise. The FO were very useful in the first instance so I know I can always go back to them if things don't get sorted this time. I even have a letter from the psychiatrist who diagnosed me to back up my argument. I've read up alot on the web about what a racket BarclaysPPI is. It even got to the point that my lady at the CAB sent my photocopies of articles from The Guardian about Barclays Insurance Dublin basically being a tax dodge and that they never pay out! Many thanks for your reply, I'll let you know how I get on...
I know that RMA/NCO love to ignore letters, so it comes as no surprise that they have ignored your CCA.
Oh well their lose.
They now try and scare you with legal threats, so time to make sure everything is logged and get ready to file a report with Trading Standards. Once thses threats start appearing just respond with their noncompliance of CCA untill the extra month is up. Then talk to TS, but not before.
I have found TS great to work with. Treat them in a professional manner and they will return the favour. Rant and rave and they'll be a pain.
RMA/NCO have defaulted on my CCA as well and now they are panicing as TS is on their case, and to top it all the debt is unenforceable
Well, I've just had my first phone call from RMA. They received my CCA request on 18 June so I'm already halfway into the 30 day period. Luckily I recognised their landline (01772 940 000) and they just left a voicemail automated message to return their call. Not likely! I've made a note of the date and time of the call and will continue to do so until 30 July when the debt becomes unenforceable.....
Can anyone advise re this latest development please? I've received a letter this morning from Colemans - CTTS solicitors of 1-3 Union St, Kingston upon Thames entitled 'Notice Before Legal Proceedings'. It demands that I settle the outstanding amount of £x to RMA by 31 July 2007 or they will issue court proceedings for recovery of the full amount plus costs.
I'm guessing this means they don't have the credit agreement (31 July is also the last day of the calendar month they have available before the debt becomes unenforceable).
Should I just sit tight and do nothing, or write a letter to the solicitors and RMA reminding them the account is in dispute as a result of them not complying with my CCA request?
OK so your CCA has been sent and they are playing silly games.
So send the sols this:
Dear Sir/Madam,
Your Ref : xxxxx
Your Client : XXXX
I refer to your letter of xx/xx/2007, which was received today.
Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.
Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.
Yours faithfully,
Should keep them quiet for a bit.
Also as RMA are getting close to the 12+month, it's time to get all your documentation together for a report to Trading Standards.
Now the best way to play this is wait until they demand payment after the deadlines expire then call TS.
Now TS have a very difficult job, so it's best to be calm and professional while dealing with them.
Ranting and raving and demanding action will get you no where fast.
Surprisingly enough after I called TS and informed RMA about it they have left me alone.
Ace! Thanks Ben. By the way, the 'solicitor's' letter looks a bit suspect to me, I'm sure it's just RMA's lot on the quiet. I'll drop them a line as above and see what occurs.... Thanks again.
Just Googled them and it turns out they specialise in debt recovery:
"We are a Legal 500 and Chambers & Partners UK accredited specialist Debt Recovery Firm, where external commentators say that our reliability and longstanding relationships with our clients are the hallmarks of our service and reputation.
Our core specialist debt collection teams based in Kingston upon Thames & Manchester actively advise clients on collection strategy and processes in respect of both consumer and commercial debt recovery.
We provide both "pre-legal" collection services on commission or fixed fee structures and "litigation" collection services including insolvency proceedings as well as dispute handling and insolvency proceedings. At all times we work closely with our clients in order to set up cost effective and efficient strategies and processes to enhance recoveries."
They seem to like the word insolvency a lot don't they
Good luck and best wishes,
BB
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
In my recent experience, the solicitors don't seem to be aware of what the DCAs are doing. I've sent letters similiar to Curlyben's and they've soon backed off. When BCW's solicitors responded they'd taken all links to BCW off their letter eg outstanding balance, ref. number etc
Thanks all above. I sent the letter yesterday and it's been received today so we'll see what happens. Hopefully this time next week will be in the clear...
Barclays claim paid out, pay to RMA?
to pay off a credit card debt. I subsequently took out a top up loan a couple of years later. This second loan was taken whilst I was unwell and the sale was made over the phone and then documentation sent to sign. I did not believe at the time that I suffered from a 'pre-existing condition' and so did not declare anything. (I was off work with a 'stress' and believed I would return to work shortly.
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Re: Barclays claim paid out, pay to RMA?
