I have come to the end of the loan agreement period and I am getting up to 3 recorded messages a day plus letters threatening legal action from the SLC asking for payment in full which i cannot afford . A lot of the remaining debt is charges. I am paying them £70 per month towards the arrears. However, they are still requesting an income and expenditure sheet and threatening me with legal action. I am paying regularly as I said £70 per month. I suspect that they want the amount in full. I have two questions: 1.Can I challenge them because I am paying a regular monthly amount towards the debt of £70 despite the period to repay the loan having ended? 2. Can I challenge the charges?

I have a debt with a catalogue that was passed to Cap Quest despite my request to the catalogue to send me a breakdown of charges as my actual debt is £88.00p and the amount they want is now £222.00 The catalogue ignored my request . The debt has now passed to Cap Quest. I called them this week and paid the £88.00 but informed them that I was disputing the rest of the amount and wanted a breakdown of how the debt was made up. They told me I had to send them one pound. I don’t really know what to do next . I have written to Capquest requesting a breakdown of charges . However , I did not enclose the £1. I am really annoyed that when I disputed the charges [which are more than the actual debt] I was told “you signed the agreement “. Grateful for any advice.-does anyone have any template letters I can use?

please help if you can. HSBC have told me that they have refused to pay a new direct debit instruction on my account based upon 6 standing order requests being returned in the last 12 months and 4 sets of bank charges on my account. I asked the people requesting the dd to request it on my pay day when there are plenty of funds in my account. HSBC stil refusing to pay the money despite available funds. They say it is because i have breached terms and conditions on the account. Can they do this? surely it is really unreasonable? I have asked for this in writing. They refused a DD for my council tax despite plenty of available funds in my account and did not inform me- as result i got a mag court summons for non payment. Surely they are taking the p...... the amount is 9.00 for aa membership and i regualrly get my wages paid in on the same day every month so what exactly is their issue?? I resent having to call them about this and being made to hold by them on an 0845 number for 30 mins only to be told i have to call the credit services dept... sigh who are only avialable in the daytime when i cannot call them. on top of which the dreaded bank charges - seems they can do what they want with MY money.... Any help appreciated....

please help if you can. HSBC have told me that they have refused to pay a new direct debit instruction on my account based upon 6 standing order requests being returned in the last 12 months and 4 sets of bank charges on my account. I asked the people requesting the dd to request it on my pay day when there are plenty of funds in my account. HSBC stil refusing to pay the money despite available funds. They say it is because i have breached terms and conditions on the account. Can they do this? surely it is really unreasonable? I have asked for this in writing. They refused a DD for my council tax despite plenty of available funds in my account and did not inform me- as result i got a mag court summons for non payment. Surely they are taking the p...... the amount is 9.00 for aa membership and i regualrly get my wages paid in on the same day every month so what exactly is their issue?? I resent having to call them about this and being made to hold by them on an 0845 number for 30 mins only to be told i have to call the credit services dept... sigh who are only avialable in the daytime when i cannot call them. on top of which the dreaded bank charges - seems they can do what they want with MY money.... Any help appreciated....

please help if you can. HSBC have told me that they have refused to pay a new direct debit instruction on my account based upon 6 standing order requests being returned in the last 12 months and 4 sets of bank charges on my account. I asked the people requesting the dd to request it on my pay day when there are plenty of funds in my account. HSBC stil refusing to pay the money despite available funds. They say it is because i have breached terms and conditions on the account. Can they do this? surely it is really unreasonable? I have asked for this in writing. They refused a DD for my council tax despite plenty of available funds in my account and did not inform me- as result i got a mag court summons for non payment. Surely they are taking the p...... the amount is 9.00 for aa membership and i regualrly get my wages paid in on the same day every month so what exactly is their issue?? I resent having to call them about this and being made to hold by them on an 0845 number for 30 mins only to be told i have to call the credit services dept... sigh who are only avialable in the daytime when i cannot call them. on top of which the dreaded bank charges - seems they can do what they want with MY money.... Any help appreciated....

I ahve recived a reply from the mayor reagrdign my complaint about teh use of Blakes adn CCt for collection of fines - well not exactly a reply from the mayor - I am postin it here.. seems they didnt really get what i was saying - but actually its a pathetic rebuff... RE: Drakes and CCS Enforcements Bailiffs I thank you for your email, received 27 September 2006, which was addressed to the Mayor of London, Ken Livingstone. As an Enforcement Correspondence Investigation Officer for the Congestion Charging Scheme, your letter was forwarded to me for investigation and response. I feel it may be useful if I begin by outlining TfL’s policy and procedures regarding the use of bailiff companies. TfL, like most other Local Authorities, only use bailiffs to recover unpaid penalties and other debts such as Council Tax as a last resort. In respect of Congestion Charging penalties no such action is taken until the issue of at least three enforcement notices. In addition, when a warrant is despatched to bailiffs, prior to a bailiff visiting, a further enforcement notice is issued by them advising that the debt remains outstanding and the implications if payment is not made. Whilst TfL acknowledges that the use of bailiffs can cause distress it is essential that we have recourse to collect outstanding debts. In respect of bailiffs used by Congestion Charging I would advise that TfL closely monitors the activities and performance of the four bailiff companies it engages using a variety of monitoring activities. As a direct result of such activities we have, since February this year, had additional requirements on them to improve the information they hold on their bailiffs activities and the recording and availability of evidence to prove the validity of charges they add to the debt due to us. In addition, all charges applied by the four bailiff companies in recovering outstanding Congestion Charging penalties are covered by legislation and have been agreed by TfL. The charges applied by bailiffs are monitored by TfL and should a motorist believe they have been overcharged, they have the right to take out a Taxation Order to challenge the fees applied. Further details on Taxation Orders can be found on the Department of Constitutional Affairs (DCA) website. Please also note that TfL uses only County Court certificated bailiffs for the recovery of outstanding congestion charge penalties and as such, these bailiffs are required to comply with all relevant legislation in the recovery action undertaken by them. If you believe that a bailiff has acted in breach of their county court certification, you may contact the County Court where the certificate was granted and make a formal complaint; alternatively, you may wish to contact one of the Bailiff Trade Associations. For contact details and more detailed information about the process for making a complaint about a certificated bailiff, please contact the Department for Constitutional Affairs (DCA) or visit their website: www.dca.gov.uk. Alternatively, you may choose to seek independent advice. In light of the recent BBC Whistleblower programme mentioned in your e-mail, I would advise you that despite the fact that none of the cases featured in the programme related to TfL related penalties, we take all the allegations made very seriously and I can assure you that we will not tolerate such activity by bailiffs acting on our behalf. We have already had several detailed discussions with the two bailiff companies featured and are satisfied that they have taken immediate steps to remedy the issues arising from the programme. Such actions have included the immediate suspension and dismissal of staff for gross misconduct. In addition we intend to review our current contract requirements and arrangements, intensify our monitoring regime even further and continue to ensure that the conduct of each company engaged by us is consistent with TfL’s requirements. I hope that this clarifies the position of TfL and brings the matter to a satisfactory close. Yours sincerely Matthew Evans Enforcement Correspondence Investigation Officer Congestion Charging Transport for London .

I notice you have to pay £50.30p for a Draft copy of the bill...!!!!! willl be firing off a few more letters to MP etc This is just another cheap shot revenue raising scheme from the poor...how long before they open the debtors prison again???

News feature from Legal Action HomePage Concern over draft Tribunals, Courts and Enforcement Bill proposals September 2006 Alan Murdie, barrister and author of 'New powers of fines officers: a disturbing development', June 2006 Legal Action 32, writes: The draft Tribunals, Courts and Enforcement Bill proposes wide-ranging reforms to the structure and composition of tribunals, judicial appointments, the enforcement of tribunal awards and debt recovery, particularly as regards the law on the seizure of goods. Of particular concern are Schedules 11 and 12 of the bill, which envisage a radical overhaul of the law relating to the seizure of goods. The new regime would apply to all money judgments by the High Court and county court and sums recoverable before magistrates. All common law rules and restrictions on the right to levy against goods are to be abolished, and replaced with a statutory code to be contained in regulations made by the Lord Chancellor. Distress for rent by a landlord at common law is also abolished. In future, all types of bailiff will be replaced by individuals appointed and approved as 'enforcement agents'. These agents will then be given seizure powers wider than any which have been permitted in England and Wales since the Middle Ages. The draft bill envisages that when enforcing against the goods of a debtor, enforcement agents will be entitled: to break into private dwellings under warrant; to use force against occupiers; to invite third parties on to premises; and to seize money or goods found on premises, including pets. The draft bill's approach marks a radical departure from the principles that underlaid the common law, which operated to prevent violence against individuals and premises to effect entry. Similarly, rules preventing the seizure of money and items in use prevented the ransacking of homes or breaches of the peace once entry was gained. Of particular concern are Sch 11 paras 24(2) and 31(5), where the Lord Chancellor may make regulations allowing enforcement agents a 'power to use force against persons' in respect of domestic dwellings and goods on the highway. Enforcement agents will also be able to bring non-qualified assistants on to private premises. Under Sch 11 para 22(2), warrants may also require a police constable to assist an enforcement agent. Explanatory notes to the bill maintain that its provisions engage both debtors' and creditors' rights, under the European Convention on Human Rights, to a fair trial (article 6), private life (article 8) and the protection of property (Protocol 1, article 1). However, much will be dependent on judicial interpretations of these rights. In practice, there are unlikely to be effective safeguards against abuse despite the optimism of closing paragraphs of the notes that 'sanctions' will exist against improper recovery action. Reforms to attachment of earnings orders, administration orders, and the establishment of debt management schemes are also outlined. The draft Tribunals, Courts and Enforcement Bill, Cm 6885 is available at: www.official-documents.co.uk/document/cm68/6885/6885.pdf and from TSO, £50.30. The closing date for representations on the bill is 22 September 2006.

to update -- no reply yet from MP and Mayor of London

If I receive a reply from Ken Livingstone and my MP I will let everyone know what they say , however , I agree everyone should protest to their MPs and if Londoners- to Ken- you can email them directly for the Mayor Greater London Authority - Contact us for your MP [if you dont know who they are] UK Parliament - Find Your MP Are Bailiffs fees disproportionate?.......

I watched this programme in horror. I have been on the receiving end of Drakes and CCs bailiffs but the treatment shown in the programe was outrageous. I have written to Ken livingstone and my MPas thees bailif as are collecting congestion charge fines adn fines on behalf of llococal authorities .I have asked them to explain to me how bailiffs are regulated especially as their powers have recently been expanded by this government, The intimidation vby bailiffs of the children shown in this programme was particuarly shocking. However, seeing the "certified" bailiff seen off after being told he was "bent" was sweet indeed...

Its a TFL debt fo driving in a bus lane - no walking possession order, no bailiff visit yet [possibly after the 20th]

its a tfl debt no walking possesion order, not visited house yet but will if i cannot pay on the 20th.

i have to pay a bailiff £239 by 20th July 2006 thing is i dont get paid until the 21st July 2006. I spoke to my bank [ HSBC hmm] who said they will not honor the debit payment on 20th July by solo card to teh bailiffas ther will not be cleared funds in my account .Very rigid given that my wages will be paid into the bank the very next day as usual. Now i am worried that if i call on 21st july to pay by debit card when my wages are in the bank that they will charge me more money for some sort of late payment or bailiff call out [eg dropping card through my letter box] I offered to part pay last month but was advised that if i part pay this will incur more charges as a part payment triggers visits and stops time to pay. I cant really afford to pay all this money in one go . Any suggestions? Surely they cannot insist on me defaulting by one day? I want to pay it and get them off my back ... help..

this is my first time on this forum and thanks to all who replied to my query. I understand the process and I am not scared of reclaiming my bank charges, in fact i relish it...i am just really worried that they will close down my account as I do not think I will be able to open another bank account based upon my bad credit rating .

does anyone know if HSBC threaten to close your bank account if you ask for your charges back?

thanks!

has anyone been successful in claiming back bank charges from HSBC?