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Debt Collectors Help

Hi, not sure if I've posted this in the right thread but I hope someone can help.

I am a student and I received 2 letters today from a debt collection agency today, one asking for £295 and the other for £325. They were hand delivered to my house mate, who was not asked if he was me or not. They say I have 24 hours to clear the debt or goods will be seized. However, anything of value is either included as part of our furnished house or belong to my house mates, e.g stereo games consoles.

I do not have the money to clear the debt in 24 hours and I'm wondering what my next steps should be. From past experience these companys do no tend to be the most understanding and I'm worried that if I get in touch and don't have the money they will simply see that as confirmation I receieved the letters and seize the goods.

Any advice is greatly appreciated.
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Comments

  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    debt collectors or bailiffs?

    If they were bailiffs, then you would have been taken to court. And warned that bailiff action would happen. If they are debt collectors then they don't have any powers to do anything to you or your property so feel free to tell them to screw off, and phone the police to report them as trespassers if that doesn't help.

    What kind of debt is it, and what stage did you think recovery procedures were at?
    If you don't stand for something, you'll fall for anything
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi Robert, why dont you ring the companies you owe this money to and set up a payment plan, so much per month.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • SWK3
    SWK3 Posts: 6 Forumite
    Well I had received letters from them in the past regarding a £70 outstanding fine for not having a train ticket but I have no idea why I now have 2 outstanding fines totaling £620. I've not had anyone visit before and to the best of my knowledge had only received 2 letters from them. These said immediate payment was required and when I got in touch asking for more time to pay I was told they could not put any extension on it.
  • What's the name of the company on the paper? We should be able to work out whether they're just another DCA (with a power of zilch) or certificated bailiffs (much more power, but you should have had court papers before and if you didn't then you can get the warrant of execution stayed and the case sent back to court for you to defend after you get judgment set aside, which we can go into details after we've established who's what).
  • SWK3
    SWK3 Posts: 6 Forumite
    Here is what they say

    Client: HMCS Stockport
    Client Reference : 08005277E
    Offence: Avoid Fare
    Outstanding Amount inc Fine & Fees : £295.40

    Due to your failure to pay an outstanding Magistrates Fine an officer has today attended your premises to arrange payment or the removal of your goods

    Further Notice prior to removal is not legally required.

    In certain circumstances there is power to enter property using resonable force to execute a Magistrates Court Warrant

    It is recognised that this matter may have been overlooked and the purpose of todays attendance was to provide you a final chance to py prior to the seizure of goods.

    The other letter is identical but says Fixed Penalty under offence. I am not sure what that means.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    they cant take what you havent got and dont let then in the house.
  • SWK3
    SWK3 Posts: 6 Forumite
    It's Marstons baliffs. I did receive a letter after appearing in court, but have (stupidly) left it to develop into this situation and now am unable to pay the amount.
  • SWK3
    SWK3 Posts: 6 Forumite
    they cant take what you havent got and dont let then in the house.

    Well my worry is living in a house share I'm not always here to make sure the door doesn't get opened.

    I also remember my next door neighbour having debt collectors take a friends laptop because he couldn't prove it wasn't his. This is my real worry, if they do come round there is literaly nothing of mine they could seize to reclaim that sort of money. All I have here is my clothes and books and a handful of DVDs and CDs, wheras my house mates have tellys, games consoles, laptops, etc which I'm sure they don't have proof of ownership lying around for.
  • Tozer
    Tozer Posts: 3,518 Forumite
    I'm afraid not much you can do. Sounds like they legitimately are pursuing a magistrates' court order
  • Ok, so legitimate bailiffs then.

    Is this truly the 1st time you have heard of this? Do you know what the fines are for?

    If you haven't received any claim forms, any notification, you can go to the court and request a stay of execution:
    http://www.justice.gov.uk/civil/procrules_fin/contents/schedule2/ccrorder25.htm

    Phone or go to your local court ASAP and explain the situation to them, they'll tell you what to do. There'll be fees to be paid though (varies from application to application), again the court can tell you what they are. Remember they can only help you with the procedures to follow, they do not give legal advice.

    Sorry, bailiffs are not my area of expertise, but if you log on CAG (click on my sig), we do have a bailiffs section where people who do know can guide you better.
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