| Author |
 Topic  |
|
|
s2008
Starting Member
1 Posts |
 Posted - 06 January 2010 : 09:56:49
|
| Hi, I have debt that has been passed to a collection agency. I contacted them regarding arranging a payment plan to no avail. I have not heard from them in a while but am terrified the bailiffs will turn up on my doorstep and take all my childrens things. What would be my best course of action? I am currently in receipt of benefits due to illness. |
|
|
gettingoutofdebt
forum expert
2418 Posts |
Posted - 06 January 2010 : 11:37:29
|
Who was the debt with and who is the collection agency?
Debt collectors are completely different to bailiffs and do not have the power to enter your property and take valuables in lieu of the debt. |
 |
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2010 : 15:02:43
|
You don't even need to answer the door to a debt collector and you don't need to pay them anything.
Are you considering bankruptcy?
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 06 January 2010 : 15:10:15
|
Hello s2008,
Who is the debt with and have they taken any legal action against you as yet?
as has already been said, debt collectors are not court bailiffs and cannot enter your property and take goods.
There are strict guidelines in relation to the powers of bailiffs too.
You may be best advised to seek advice from this forum - there are a number of insolvency experts that post on this forum who are excellent and initial advice costs nothing.
Unless your case is very complex, I am sure the answers are here on this forum. Once you have a way forward, you can plan for a stress and debt free life.
Good luck and do not be intimidated by anyone! Regards, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 06 January 2010 : 17:55:29
|
Hi S800
once the major lenders have tried to collect all of the money with you and collect the debt they will as a matter of course sell or pass your debt onto a third party. The third party will usually get paid on results.
Most third parties will write all sorts of threatening letters, most of it will be threats we may , we can , court, our solicitors etc
one thing is for certain the debt will not go away, some of my debts were passed onto 4 or 5 different companies
Once the debt collection agencies have tried to contact you they may appoint one of their representitives to come and visit you to help with your debts, this is always worded as a friendly visit, NO ONE has access to your house and can only enter your property with a warrant. DO NOT UNDER ANY CIRCUMSTANCES LET THEM INTO YOUR HOUSE
Normally once the debt collectors have tried to visit, phone and generally persuade you to pay they then return the bill to the original company,who instruct a debt firm to send you solicitors letters, the threats are in bigger letters and occasionally red print.
so far this process may have taken 6 months from the first letter (or longer)
then the original lender will apply to a court for an order against you, now it is starting to get pretty serious but it is still not the end of the process. As they will negotiate sometimes 60% of value
Ok so what am i saying, if you are in your first three missed payments it is very early in the process they do not want to negotiate with you yet. just give you enough hastle that you find credit from elsewhere to clear their debt, dont be tempted just to keep getting credit to clear credit, it is a very slippery slope (gee do I know how slippery !)
can i suggest sending both the original company and third party a letter (recorded delivery)explaining your current predicament and your illness, stating that this stress is making your situation worse, ask them for a payment holiday, they will take ages in replying to you they will say NO but they cannot take you to court whilst you are talking to them.
some of the bigger banks have automated systems, I even paid all of my creditors £1 a month for three months just to confuse the computer systems, it worked for three months but they then came back heavier and upped the anti (so only a short term fix)
My first court judgement was nearly 14 months after the original letter and the balliffs were three months behind the court judgement
S2008 do you only have one creditor chasing you ?
If it is multiple creditors post back and you will find experts and other people in similar ilk are here to offer help
hope this helps regards Richard |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2010 : 18:05:26
|
RichardP - debt collection agencies have no power at all - doesn't matter if you let them into your house or not. They cannot force you to pay.
The only ones who have any power are the bailiffs.
Please look at the link I posted.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 06 January 2010 : 18:13:38
|
Hi kallis
some of the debt companies are also employing certified baliffs, the best advice to any one is do not allow any one into your house. once a baliff has been in your house they can list / claim or put a sticker on your tv.
the link that you have posted is very good and will help people in similar circumstances and is well worth reading bit long winded (like one of my emails)
regards Richard |
Edited by - Richard P on 06 January 2010 18:40:11 |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2010 : 18:17:46
|
If it is purely debt collection then it doesn't matter if you let them into your house, they have no powers. Not that I would let them in anyway.
You will be notified if a bailiff is coming to call. The link I posted, which is Directgov, tells you exactly what they can and can't do.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 06 January 2010 : 18:44:09
|
DirectGov is an excellent website for all sorts of information.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
|
|
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 06 January 2010 : 20:17:56
|
Hi
Agreed Kallis.
Unless a bailiff has an appointment to excecute a warrant, then he or she has no powers whatsoever.
A debt collector has no powers to enter or collect any goods.
If you are ever harrassed at your door, call the police
regards, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
|
|
|
jim_h
Junior Member
United Kingdom
219 Posts |
Posted - 07 January 2010 : 20:06:33
|
| i keep inviting them round they never come still trying to save bankrupcy fee hard at moment got 35 pound left still over a week to i get paid have nothing of any value sold most of what i have just to make ends meet on 20% pay cut finding it very difficult to put any thing towards bankruptcy fee i said come around for a chat they dont bother |
|
|
| |
Topic |
|
debt that has been passed to a collection agency
