debt collecters,bailiffs and court

MITZIW

we have recieved a letter from cap quest debt recovery asking us to pay the amount oustamding to the catalogue we owe to or they will commence legal action. they then talk about bailiffs coming round if they get a court order. can this happen or do we have to have failed a ccj first? starting to panicas we are still saving br fees and have had house reposessed and moved but they have our new address somehow. cheers

IF

Hi MITZIW, They can't send bailiffs until they have a CCJ against you which you have defaulted on, no matter how scary their letter is.

Best wishes
If..x

markandkate

They cannot send bailiffs round without a CCJ but they could send a doorstep collection agent who can infer that they are bailiffs. It is likely that they will not bother but I have heard of cases where this has happened. I don't want to frighten you but you should be aware. A doorstep collector is just that you do not have to let them in or pay them anything and they have no legal powers

IF

Mark's right, If they do send a DCA round.....they have no more clout than as 'our' Phil says an avon lady!!

Send Fermi's letter if you are worried x

Send recorded delivery

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode

Account Number: XXXXXXX

Dear Sirs,

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

Furthermore, should it be your intention to arrange a “doorstep visit”, 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 such an appointment with you.

There is 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 & Short Ltd [1959] 2 QB 384. 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, 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,

(type don't sign)

MITZIW

thankyou all, i thought it was the case but just wanted to make sure a bailiff couldnt turn up with something from the court before we have gone down the ccj route. ive got one ccj already but dont suppose it will make much difference if i have another one if we are going bankrupt soon anyway.

boliston

markandkate wrote: »

They cannot send bailiffs round without a CCJ but they could send a doorstep collection agent who can infer that they are bailiffs. It is likely that they will not bother but I have heard of cases where this has happened. I don't want to frighten you but you should be aware. A doorstep collector is just that you do not have to let them in or pay them anything and they have no legal powers

You don't have to let a bailiff in either!

The only time they can force entry is if you have previously "invited" them in, or they have gained entry via an unlocked door or window.

curly04

Never ever let anyone in!

I used to wave at them through the window - bearing in mind I'd phoned the office - offered a payment plan and they had said no!

so what the point of speaking to someone on the door step if they wouldn't agree on the phone

Wenmu

ifwisheswerehorses... wrote: »

Mark's right, If they do send a DCA round.....they have no more clout than as 'our' Phil says an avon lady!!

Send Fermi's letter if you are worried x

Send recorded delivery

What a brilliant letter! Has anyone got a similar letter which would work under Scottish law? It would be a great help to me.