I posted this on another thread but it may get lost and not everyone might read it.
i know a few ladies have problems wih debt and collections agencies etc.
I have dealt with these people for years and theres not a lot i dont know about Bailiff law and debt collectors - what they can and can't do etc, and where you stand legally.
I'd like to share that info and experience with anyone that might be up against these parasites and help in any way i can.
You can PM me if you feel its too personal to talk about publically and ill see what i can do
UKB Mad Scientist
Ride it like ya stole it.....
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CommentAuthor~*~ Becca ~*~
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my debt is down to overdrafts lol! which for one i got sorted and made a arrangement to pay back ..now for the £1000
17.09.2010 ---I am officially Mrs Rebecca Mollins
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CommentAuthorPennylane
That is really good to know Goff! I'm ok in that dept right now but u never know what might crop up and I've seen friends in trouble so I'll keep this in mind x
02.07.11
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CommentAuthorXLittleMissMe!X
I think this is a great idea. The dealings I have had with them after a bank messed up my account is pretty scary. I know my rights now and they don't have a leg to stand on but for anyone that doesn't know how to deal with them it can be pretty scary. I think the thing that eased my mind the most if the fact they cannot enter your house no matter what they say unless they have a court order. Its amazing how much they will threaten you to try and scare you into paying. They also can't make you pay more than you can afford so if you are trying to negotiate don't let them bully you into more than you can pay. I've heard unoficially that most debt companies don't take you to court if the ammount is under 1k but I'm not sure how true this is.
CommentAuthorMrs Hinch2B
Great post hun! I'm also ok at the mo but it's always good to know we got " an expert in the house" thanks hun x
Bridezilla.... Me?? I have no idea what your talking about!!
We met 30/01/2005 (H2B's Bday)
Got Engaged 23/07/2010 (My Bday)
Getting Married 08/06/2012 (can't wait to be Mrs Hinch)
xjox - in fact they CAN enter your house - invited or not. You do not have to let them in
BUT
If you leave a door or window open the bailiffs can enter your home, they do not have to have a court order, but it has to be "peaceful entry"
Once inside - well your pretty screwed. They will make what is known as a walking posession agreement, where they make a list of things in the house and you have to sign it to state they now belong to the bailiff and you will not remove them
They cannot take things that are not yours, but you have to prove this
They cannot take things like fridges, cookers, beds, tools required for work or vehicles required for work.
UKB Mad Scientist
Ride it like ya stole it.....
I'm a flippin ORTHOTIST
CommentAuthorXLittleMissMe!X
The CAB told me they can only do that if they have a court order to recover the money.
CommentAuthorGoff
Fraid not honey.
If you invite them in they are in
If you leave a door or window open they are in
But as i said it has to be peaceful entry. They cannot force their way in, stick a foot in the door or threaten you in any way.
UKB Mad Scientist
Ride it like ya stole it.....
I'm a flippin ORTHOTIST
CommentAuthorXLittleMissMe!X
Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions. They can only write, phone, or visit your home to talk to you about the debt and how to pay it back.
Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance.
CommentAuthorRelfy
Good post Goff.
Personally i havent had to deal with anything like this but can understand and symphise for anyone that has to go through this.... its a big scary world out there and for those who dont know their rights can feel it a lot worst.... I think the main thing to remember with any debt that you are stuggling with is not to bury your head in the sand and try and deal with it asap, even if thats talking to them and explaining why you cant pay.... some times it helps xxx
CommentAuthorWinterrose
Wish I'd known you last year hun! I went through all this last year when I had to close my business when the recession hit me :( it's not fun and can be quite frightening! Luckily the only actual "debt collectors" I encountered were from the high court rather than a dodgy firm so they were actually really nice and helpful but because I was a Sole Trader I ended up coming very close to being made bankrupt (whilst 8 months pregnant!). It's such a stressful situation to be in I do feel bad for anyone who's going through it! My advice to anyone is don't hide away speak to your creditors and tell them your situation & try to get a repayment plan in place it only gets worse if you don't :( xx
CommentAuthorpringletwix
edited
Can you help on this one, I bought a nitendo ds for my son of a catologue about 2 years ago we had it for 2 months and it broke it came with 2 games that my son didn't want so we traded them in, whwn i rang the catalogue to ask for a replacement they would not get it fixed or exchanged as i no longer had the games, even though i only wanred the ds fixed or replaced, well i told them i was not paying for the ds as it was faulty. I owed about £150 now they have taken me to debt collector for £500 (which i can'y afford) and i have just ignored the letters and phone calls, what is my best course of action?? please!
CommentAuthorXLittleMissMe!X
Go and see the CAB and take in any paper work that you have. They can help you out no end and they tend to listen to them more than if you rang yourself. Most of the time they can get rid of the charges or some of them as not all of them are legal. Have you got proof that the ds was faulty and the correspondence from them about it as it may help you to demolish the bill altogether.
CommentAuthorXLittleMissMe!X
Also DO NOT ADMIT that it is your debt. I know it sounds crazy but don't admit anything to them when they get in touch as it could go against you later. Go and get full advice first.
CommentAuthorGoff
xjox - yes your right about the debt collectors... i thought you were referring to the Bailiffs who can enter your home without a warrant. Collection agency represenatives have no legal power to enter your home so you can tell them to sod off.
Pringletwix - in order for you to have the DS fixed you would have had to have sent the whole thing back as it was sold as a whole if that makes sense. They would not just replace the DS, they have to replace the whole thing.
You CAN ignore the letters and not admit the debt.... it will become statute barred after 6 years, (does not apply to council tax debts!), but you need to get onto the debt collection company and find out why its now £500 - that seems very excessive!
UKB Mad Scientist
Ride it like ya stole it.....
I'm a flippin ORTHOTIST
CommentAuthorXLittleMissMe!X
Trouble is if she goes to the debt collection agency to query the amount will she will be admitting that it is her debt. I think the CAB would be able to help get the charges removed or dropped as most aren't legal half the time. It depends how much you want to get rid of it. Chances are for how much you owe as much as they threaten they won't take you to court and if you are prepared to leave it until the 6 years are up then they can't chase you for it and it clears on your report. They do try it on with you but there is nothing they can do until they pay to take you to court and the judge enforces you to pay it. (If they do this you know about it in plenty of time so can make payment arrangements before the court date) Most companies won't do this unless the debt is over 1k. If you don't need any credit in the next couple of years I would leave them to it.
I think the main debts that you can't ignore are the council tax like Goff said and water board. They are real sods. ( I had a flood and couldn't live in my house for a year (long story) by the time I got back to the property they had given me a CCJ as I wasn't there to respond to their letters. I had written to them to tell them the property was empty but the plonkers still billed me. They sorted it out in the end and cleared my file but its all stress you can do without.
CommentAuthorGoff
Be wary of debt collection agencies too as they often send out forms that LOOK like court forms but they are not legal!
UKB Mad Scientist
Ride it like ya stole it.....
I'm a flippin ORTHOTIST
CommentAuthorvickyG
i had problems wiht my capital one ard (all piad off now) but after oweing them money for ages i was able to pay it all off in one go cos h2b gave me the money for it, i accidentally overpaid them by £15.... they then sent me a letter sayin that becasue i owed them minus £15 if i didnt get it sorted immediatly they would add court fees of £27.... ridiculous
CommentAuthorx~Hails~x
Surely they should have sent you a check for £15 then???? Thats what you get when everything is done by computers.
H2b had a card which his mum paid off in full for him, two weeks later they wrote to him and said they have charged him 1p interest on what WAS on the card and it needs to be paid asap or they would take him to court and fine him????
over 1p???????????
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CommentAuthorXLittleMissMe!X
Another interesting point that you ladies might not realise is that with a credit card if you withdraw money from it then you pay the higher amount of interest until the WHOLE balance is paid. That means if you pay minimum payments you will always be charged the higher stupid rate. Also paying the minimum will mean that you never clear your balance. Its a good idea to pay as much off it as possible and never use it again!
CommentAuthorNHR115
Hails I had a bill for 1p from British Gas after they mucked up our account for over a year and we were paying someone else's bill!! We were so mad that we sent them a cheque and scrunched it up so tight that if it did have to be scanned then it would've been a nightmare. lol. I know it would've cost them more than 1p to cash the cheque. lol. xxx
CommentAuthorMrs Buzzlightyear
I would advise anyone having problems with debt to contact the consumer credit council service - you ring them they will give you a appointment time and they will ring you back - unlike the CAB they only deal with debt problems so are experts & they will give you a ref number and you can ring all the companys hassling you and tell them the CCCS are helping you give them your ref then they tend to leave you alone abit - ringing them is the single best thing I have ever done in my life
Cant wait for my Tiffany & co, wedding - July 16th 2011
CommentAuthorden1se
jo the cash interest is only applied to the cash that was withdrawn not the whole balance. cash can include gambling transactions, currency and cash from atm. also retailers can apply transactions wrongly to purchases. there is a specific order that is paid off cash being the last one. it is the most expensive form of borrowing (from your bank anyway) x
CommentAuthorLlosa
when i was lodging at my aunts house the baliffs came round, as my aunt was on holiday i answered the door but wouldnt let them in, but however the baliff had a locksmith with him so i had to let him in, thankfully he came to tally up what they could take if my aunt didnt pay in time....baliffs are scary and i always thought they couldnt come in without court approval
CommentAuthorGoff
Rachey they cant do that. They have to have a court warrant to enter your home, no matter who he says he has with him.
They will try every dirty trick in the book to get you to let them in
If he did not have one of those then he was breaking the law!
UKB Mad Scientist
Ride it like ya stole it.....
I'm a flippin ORTHOTIST
x 1000000
