Unenforceability & Template Letters

Jackswan_2

never-in-doubt wrote: »

Has he already got a default? If so then this drops off after 6yrs, regardless of whether he has acknowledged the debt. They 'may' chase him but that's unlikely cos after 2 more years away, there will be no credit activity will there? So unless he starts applying for credit when he gets back they would never find him to link to the old debt - following me yet?

Basically, its his shout but if he's away from 2009 - 2011 then pointless paying, but that's only my advice - at the end of the day i'd not worry about 2 years down the line! :beer:

Thanks N-I-D. Yes he has three CCC's which have placed Defaults on his file.
Exactly what I told him, it's his shout anyway, but, I will pass your comments onto him. Thanks again for your comments and thoughts.

never-in-doubt

Jackswan wrote: »

Thanks N-I-D. Yes he has three CCC's which have placed Defaults on his file.
Exactly what I told him, it's his shout anyway, but, I will pass your comments onto him. Thanks again for your comments and thoughts.

If he has 3 credit cards all with defaults then its in his interests to cease payments now and sit out the next couple of years (i.e. lie low) and then when he comes back to the UK never use your address, i.e. the previous linked one to the debt!

Its morally wrong, but sod morals! :rotfl:

So if the defaults went on in 2008, whether he pays now or not, they will come off in 2014 assuming they link him upon his return which they won't be able to do unless he gives your address as his previous one. He should use the foreign addy as most lenders only look for the last 3 years of addresses.

CeeBeeDeeBee

Hi Never In Doubt, me again

Ive just had SherForce bailiffs round, no knock at the door or anything, they just posted some stuff through the door and left.

Needless to say I have printed out a "don't call again" letter and am about to pop round and post it.

What does this letter prevent them from doing? Surely the court has given them the authority to come and knock on my door, or does this letter revoking their 'licence' to call trump that? If either bailiff calls again what can I do?

Thanks

never-in-doubt

CeeBeeDeeBee wrote: »

Hi Never In Doubt, me again

Ive just had SherForce bailiffs round, no knock at the door or anything, they just posted some stuff through the door and left.

Needless to say I have printed out a "don't call again" letter and am about to pop round and post it.

What does this letter prevent them from doing? Surely the court has given them the authority to come and knock on my door, or does this letter revoking their 'licence' to call trump that? If either bailiff calls again what can I do?

Thanks

Time to formally report them: http://www.justice.gov.uk/contactus.htm

Basically they are in breach of guidance governed and set in place by the MoJ so report the harassment - bear in mind you can only proceed with this after you've told the DCA that they are harassing you and breaking the law!

Did you ever read this thread - it tells you all you need to know about what they cannot do (there is little they can do after all)

Dealing with Bailiffs Harassment

In post 1 - read the info! Especially this: Click here for the OFT Debt Collection Guidance

Also, this is the bit you quote to them (i.e. say to them)

'you are in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.'

daz10277

Hiya NID

To answer your question, my original balance was around £9k. I've been paying £23pm since the default in 2000 and the balance is now £7k.

I know you advised me to possibly offer F&F settlement but just wondering, if it transpires they cannot enforce it and also are unable to record it in my credit file, could I simply ignore any attempt to collect the debt and basically tell them to swing for the rest? Or is the settlement offer just to get shot of it once and for all?

Thanks!

CeeBeeDeeBee

Thanks Never in Doubt, yea I've read that thread, got it as one of my favorites

It's just with them calling themselves 'High Court Enforcement Officers' - made them sound more powerful lol like super-bailiffs. There is not much mention of this title about on the net so I got worried.

So even though the court has said basically 'you can go and take his stuff to pay this debt', because I have told them they can't come to my house they have respect that and can do nothing! Excellent!

If they were to return after being sent the letter and gained entry would that render their levy unlawful?

Thanks

never-in-doubt

daz10277 wrote: »

Hiya NID

To answer your question, my original balance was around £9k. I've been paying £23pm since the default in 2000 and the balance is now £7k.

I know you advised me to possibly offer F&F settlement but just wondering, if it transpires they cannot enforce it and also are unable to record it in my credit file, could I simply ignore any attempt to collect the debt and basically tell them to swing for the rest? Or is the settlement offer just to get shot of it once and for all?

Thanks!

You got me - exactly what I was implying :rolleyes:..... its hard to type such things or people (morally strung of course) get upset!

Yes, go for the go forth and multiply option. If they then come back with threats then just offer £1000 in F&F and they will accept in the region of £1000-£2200 going on my experience of these things. For a debt 7 years old they would not have paid more than 22p to the £1 so £2200 would be the maximum you'd offer.

But you have to stop payments - like yesterday! :beer:

never-in-doubt

CeeBeeDeeBee wrote: »

Thanks Never in Doubt, yea I've read that thread, got it as one of my favorites

It's just with them calling themselves 'High Court Enforcement Officers' - made them sound more powerful lol like super-bailiffs. There is not much mention of this title about on the net so I got worried.

So even though the court has said basically 'you can go and take his stuff to pay this debt', because I have told them they can't come to my house they have respect that and can do nothing! Excellent!

If they were to return after being sent the letter and gained entry would that render their levy unlawful?

Thanks

Ok, you must have missed post 1 in that thread! I'll quote it for you

Bailiffs
A Bailiff can only get involved when you have been taken to court about your debts and you could not come to an agreement with your creditors or you have failed to keep to the terms of a court order. Although, Her Majesty’s Revenue & Customs (HMRC) do not need a court order to send bailiffs about income tax or VAT debts.

Bailiffs can either be employed by the court or from a private firm. If they are from the court because you owe money for court fines, then they will have the power to force their way into your home to take away your possessions to repay the debt, these are usually HMRC Bailiffs but can only force entry as long as they have a warrant from the magistrate.

County Court bailiffs cannot take anything from behind a locked door, unless you let them in. However once they have been allowed in, they will be able to force entry on further visits so the secret is to refuse entry at all costs.

Note last paragraph......

They cannot get a levy (or WPO) unless you let them in - its a catch 22! They break in and you report it to the cops as a burglary!

Following me now? The only exception(s) is if the debt is for court costs only - or for a repo on your house.

Have a read here as well:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=31_dealing_with_debts_in_the_high_court

never-in-doubt

Have a read here as well: http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/218714-sherforce-excessive-charges.html

CeeBeeDeeBee

Thanks for that Never in Doubt

It was the whole HCEO thing that worried me as I had never seen a reference to that title before anywhere.

Thanks for your help and patience