debt collector calling at house pls help!

Mrs_Ryan

I think there's something called a Statutory Declaration that you swear in front of a solicitor in which you can declare all goods in the house belong to you, it is signed and stamped by the solicitor and acts as a legal document basically affirming your ownership of goods. The bailiff is then not allowed to remove any goods of yours.

justruth

I hate to sound mistrusting, but is it possible that the dodgy cap guy is not actually from moorcroft but some dodgy loan shark that she borrowed money off? Just wanted to be 100% sure on that one!

The thing about CCJ's is that when you go to court the judge will decide a repayment schedule, so long as she pays that then they still cannot get bailiffs out until she fails to make those payments and they go back to court to be allowed to reclaim the property.

sparkey1

He probably is from Moorcroft. Their collectors are self employed and work part time on a self employed basis. Bear in mind that they are often used to collect a debt before court action so sending them away might not be a good idea. A mate of mine used to work for them as a collector. His job was to agree a repayment plan and collect the money. If people weren't interested or they failed to keep up payments the debt would then go to the next level, ie possible court action. In short telling him to go away impolitely is probably not going to help. Negotiating might buy you time and prevent court action.

Remember they are collectors not bailiffs. When he threatened the bailiffs, he was probably only pointing out that, if they didn't collect the debt, the next stage would be court and possible bailiff action. Not that he would be collecting the money. If he calls again, have a chat. It might avoid problems developing in future months. Personally I would try to sort something out before bailiffs etc get involved. Im sure you and your daughter can do without the hassle of having someone turn up to collect property, and having to prove what belongs to whom etc.

To some extent what he said about credit records is true. I say this because the credit files often list persons at the house who have the same surname but are not financially connected, so there is the possibility that people will call looking for your daughter, even if she moves on due to the surname. A former girlfriend had the same surname as the previous occupant to our house and until we got married, every couple of months a debt collector would call by.

Hope this helps. Im not trying to alarm you, I hope Im giving you some help. Rest assured he cannot take your goods, but there is some difference between a forum where you are being told not to worry about a bailiff as he can't take your goods, and the harsh reality when the bailiff does arrive and wants his money and you cant prove the goods are yours with receipts with your account numbers on.

sparkey1

He probably is from Moorcroft. Their collectors are self employed and work part time on a self employed basis. Bear in mind that they are often used to collect a debt before court action so sending them away might not be a good idea. A mate of mine used to work for them as a collector. His job was to agree a repayment plan and collect the money. If people weren't interested or they failed to keep up payments the debt would then go to the next level, ie possible court action. In short telling him to go away impolitely is probably not going to help. Negotiating might buy you time and prevent court action.

Remember they are collectors not bailiffs. When he threatened the bailiffs, he was probably bigging it up slightly as he wants his collection payment from Moorcroft, and wants you to pay up straight away. In a twisted way he was pointing out that, if they didn't collect the debt, the next stage would be court and possible bailiff action. Dont be scared by this. If it goes to court and a bailiff is appointed its not likely to be him

If the Moorcroft man calls again, have a chat and confirm his ID. It might avoid problems developing in future months. Personally I would try to sort something out before bailiffs etc get involved. Im sure you and your daughter can do without the hassle of having someone turn up to collect property, and having to prove what belongs to whom etc.

To some extent what he said about credit records is true. I say this because the credit files often list person at the house who have the same surname but are not financially connected, so there is the possibility that people will call looking for your daughter, even if she moves on due to the surname. A former girlfriend had the same surname as the previous occupant to our house and until we got married, every couple of months a debt collector would call by.

Hope this helps. Im not trying to alarm you, I hope Im giving you some help. Rest assured he cannot take your goods, but there is some difference between a forum where you are being told not to worry about a bailiff as he can't take your goods, and the harsh reality when the bailiff does arrive and wants his money and you cant prove the goods are yours with receipts with your account numbers on.

10past6

sparkey1 wrote: »

there is some difference between a forum where you are being told not to worry about a bailiff as he can't take your goods, and the harsh reality when the bailiff does arrive and wants his money

Unless it's a "Court Appointed Baliff" they have no more right than the guy collecting trolly's in a supermarket.

If anyone is having doorstep threats, use the following letter

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

Merlinexcalibur

Report them to Consumer Direct, who should then put you in touch with your local Trading Standards people. And potentially a complaint to the OFT. Don't see any mention of a CCA request but if they are still persisting in these tactics making a complaint is doubly important. As they must cease collection activities whilst an account is in dispute. Anyway, that probably doesn't apply here but just in case it did.

theladyknows

Must be very scary getting such a visit.
Just as a follow on never sign any letter you send to these people. A printed signature is sufficient. If they have your signature they do and will copy this onto forms and agreements you have no knowledge of.
As for doorstep collectors just close the door in their face and call the police if they wont leave.
Best thing to do is pay something every month even if this is a penny it still makes it very hard for them to take you to court.

RobertoMoir

walkz wrote: »

You would like to think so, however a few months back i had the same problem. The bailiff turn up with a magistrates warrant to my parents house and told them they would remove goods unless receipts were produced.
The bailiff did not care that my dad told him that nothing belonged to me, it even got as far as the removal van turning up.

Now i'm about to go through the same thing again but have been getting some help so that this time when they turn up nothing will be left to chance.

They do not care if its obvious that the stuff is yours, they know that if your daughter has no possessions then they will try to take what ever they can.

One thing you have going for you is that your not dealing with private bailiffs who only seem interested in getting paid one way or the other

What you describe is a typical bluff tactic from bailiffs who know that the majority of people they speak to have no idea of what the bailiffs powers are, what their own rights are, and that the vast majority of people will pay something if pressed hard enough.

They aren't allowed to take goods that don't belong to the debtor. That's not even a subject for debate, it is a fact.

That won't stop them trying it on though, sad to say.