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Debt Collectors allowed to force entry?

Hello Please help

My girlfriend recieved a letter from Ruthbridge on Friday, the details are below

They give some information, such as Their ref, Their Client, which is Cabot Financial Europe Limited, their Clients Ref and balance, which is 2048.04

It then says We have been instructed by the above named client to retrieve this outstanding balance in full.

Failure to respond to this notice within seven days may result in the following legal action:
- A county court form being issued
- A judgment being obtained, which will accrue costs and interest.
- A Bailiff's warrant may be served for seizure of assets.
- An attachment of earnings / Garnishee Order.
It then goes on to say I must contact them within seven days and payment must be made in full.

They are now outside her house - please answer me this ASAP, can they force entry to take goods for the value of the amount? It was for a credit card that her ex used but without her knowing, he stopped the monthly payments.

As the card was in her name and she knew of the purchase at the time - is she liable?

And please answer this - can the two massive gorillas standing outside her house force their way in??? She is petrified.

Please answer as I need to let her know - she is in the house hiding

Cheers
«1345

Comments

  • jimbo26
    jimbo26 Posts: 954 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare. All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. Source http://!!!!!!!.com/3bpxue
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    unless they have been to court and a CCJ issued and you have ignored the courts judgement and they have been back to court for an enforcement order
    then they will only be debt collectors and not bailiffs

    Debt collectors have absolutely no rights whatsoever... any difficulties call the police.

    Bailiffs (once they have obtained an enforcement order) can gain peaceful entry (i.e. can walk through an open door or window and can trick you into letting them enter the properety ... just let me in and sign this paper and i'll go sort of thing.)
    But keep the door and windows locked and they can't force entry.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    as far as the CC debt is concerned the CC company will acccept only that
    a. it is her debt as she is the account holder
    or
    b. its fraud and she would need to declare it as such and report it to the police.
  • jimbojet wrote: »
    Hello Please help

    My girlfriend recieved a letter from Ruthbridge on Friday, the details are below

    They give some information, such as Their ref, Their Client, which is Cabot Financial Europe Limited, their Clients Ref and balance, which is 2048.04

    It then says We have been instructed by the above named client to retrieve this outstanding balance in full.

    Failure to respond to this notice within seven days may result in the following legal action:
    - A county court form being issued
    - A judgment being obtained, which will accrue costs and interest.
    - A Bailiff's warrant may be served for seizure of assets.
    - An attachment of earnings / Garnishee Order.
    It then goes on to say I must contact them within seven days and payment must be made in full.

    They are now outside her house - please answer me this ASAP, can they force entry to take goods for the value of the amount? It was for a credit card that her ex used but without her knowing, he stopped the monthly payments.

    As the card was in her name and she knew of the purchase at the time - is she liable?

    And please answer this - can the two massive gorillas standing outside her house force their way in??? She is petrified.

    Please answer as I need to let her know - she is in the house hiding

    Cheers


    If you were closer I'd be more than happy to help.It wouldn't bother the size of the wrist mechanics out side her house.

    You would have been better off phoning the police and stating you were worried for her as 2 people are acting suspiciously out side the property.
  • BenL
    BenL Posts: 3,189 Forumite
    I heard something on the Radio this weekend about Bayliffs, was 5live i think.

    It was referring to council tax arrears mainly though I think.

    On the 1st visit the Baliffs will take a look around and do an inventory and they will ask you to sign the list to say that if you do not make your account good/upto date they will come back and take the goods listed.

    If the police are called they will look over the paperwork but not really know much about it and as its a Civil matter if the paperwork is issued by a court they will do nothing except make sure there is no breach of the peace.

    If you deny the baliff access they will chalk up 1 visit and 1 charge to add to the debt and come again repeating the charge.

    Credit cards only have 1 person responsible for the debt, the main account holder. Additional card holders are not responsible so the debt is hers.

    Can be a bit tricky when it comes to relationship breakdown.

    My ex g/f was ok-ish with the breakup but being MSE I made sure the additional cards for my credit card accounts were cut up and binned incase any revenge was going to be implemented.

    ben
    I beep for Robins - Beep Beep
    & Choo Choo for trains!!
  • relay
    relay Posts: 313 Forumite
    jimbojet wrote: »
    Hello Please help

    My girlfriend recieved a letter from Ruthbridge on Friday, the details are below

    They give some information, such as Their ref, Their Client, which is Cabot Financial Europe Limited, their Clients Ref and balance, which is 2048.04

    It then says We have been instructed by the above named client to retrieve this outstanding balance in full.

    Failure to respond to this notice within seven days may result in the following legal action:
    - A county court form being issued
    - A judgment being obtained, which will accrue costs and interest.
    - A Bailiff's warrant may be served for seizure of assets.
    - An attachment of earnings / Garnishee Order.
    It then goes on to say I must contact them within seven days and payment must be made in full.

    They are now outside her house - please answer me this ASAP, can they force entry to take goods for the value of the amount? It was for a credit card that her ex used but without her knowing, he stopped the monthly payments.

    As the card was in her name and she knew of the purchase at the time - is she liable?

    And please answer this - can the two massive gorillas standing outside her house force their way in??? She is petrified.

    Please answer as I need to let her know - she is in the house hiding

    Cheers


    Probably a really obvious question but if she knew what was going on at the time with the card, why on earth did she let it escalate this far down the line?
  • Dylanwing
    Dylanwing Posts: 2,015 Forumite
    http://forums.moneysavingexpert.com/showthread.html?t=467350&highlight=ruthbridge
    Check out the above thread. I think Ruthbridge are sharks who buy up old debt for a pittance and then try and get repayment by threats and harrassment. If you do a search on the Forums you might find a bit more info. Do not call them yet. Do a bit more research. Hopefully, you can then avoid the need to make any payment, and don't have any guilt. You will not be paying back a debt, just enriching nasty sharks.
  • Hiya

    Thanks for the help!

    My girlf only remembers the credit card having a limit of £1000, but the debt being chased is £2046.60. Can I request the paperwork confirming the amount and the breakdown of it?

    Also, the letter, dated 16th January 2008, states that 'Failure to respond within seven days may result i the following legal action: (see top of thread to see full letter contents)

    Yet they turned up at my girlf's house today (21st Jan)???

    Let me know - anyone and everyone's help is appreciated!

    Cheers


    BenL wrote: »
    I heard something on the Radio this weekend about Bayliffs, was 5live i think.

    It was referring to council tax arrears mainly though I think.

    On the 1st visit the Baliffs will take a look around and do an inventory and they will ask you to sign the list to say that if you do not make your account good/upto date they will come back and take the goods listed.

    If the police are called they will look over the paperwork but not really know much about it and as its a Civil matter if the paperwork is issued by a court they will do nothing except make sure there is no breach of the peace.

    If you deny the baliff access they will chalk up 1 visit and 1 charge to add to the debt and come again repeating the charge.

    Credit cards only have 1 person responsible for the debt, the main account holder. Additional card holders are not responsible so the debt is hers.

    Can be a bit tricky when it comes to relationship breakdown.

    My ex g/f was ok-ish with the breakup but being MSE I made sure the additional cards for my credit card accounts were cut up and binned incase any revenge was going to be implemented.

    ben
  • relay
    relay Posts: 313 Forumite
    jimbojet wrote: »
    Hiya



    Also, the letter, dated 16th January 2008, states that 'Failure to respond within seven days may result i the following legal action: (see top of thread to see full letter contents)

    Yet they turned up at my girlf's house today (21st Jan)???

    Let me know - anyone and everyone's help is appreciated!

    Cheers


    And did she respond 'within' 7 days or not?
  • Dont you just love freshly congealed pigs blood, with a bit of fat in :D
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