how do i stop a debt collector coming after me

amandak

i previously posted in c cards
i have lost my job and owe hsbc £15k i cant pay. im a single mum i wrote to company and they agreed to freeze interest and that i can pay £30 a month for 6 months. im finding that a struggle
im barely surviving i have to eat and feed family pay rent and utilites
i cant pay c card. they keep sending me letters from a collection agency that the bank passed details onto
i wrote to them too i said i agreed to pay £30 a month
a ,letter dated 13 jan said in big red letters you owe £15,135 pay now!
it was scary even though the agreed to my min payment
i want to make sure they cant turn up on my doorstep and sit it out until i pay
i cant pay

bottleofred

Hi amanda,

I think you need to contact the consumer credit counselling service or your local citizens advice. You could also post your statement of affairs to get advice on how to save money which can then go towards the debt. http://www.makesenseofcards.com/soacalc.html There is a letter on the forum you can send to prevent doorstep visits by debt collectors. If I can find it, I'll put the link onto this post. Regarding the debt collectors, they bully, harass and intimidate people into paying more than they can afford and bank on a lack of knowledge to scare you. They can't get blood out of a stone, so although they'll threaten everything up to and just short of death, they actually do very little. Don't get me wrong, they could get a county court judgement against you or take you to court, but if you are trying to repay and making regular token payments there isn't much they can do.

Letter for doorstep visit below. There is also one for telephone calls, but don't go through the security check with them and hang up the phone.


Dear Sirs,

Account No: XXXXXXXX

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. 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


Good luck

Red

bottleofred

Hi Amanda,

The letter below is to stop the debt collectors calling you on the telephone

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

amandak

thanks it does

amandak

they cant call me on the telephone as i dont have one. just a mobile
but i could use that letter if i get threatening letters in a similar way. i dont have much, its hard bringing up kids on benefits and now im scared il get debt collectors are they the same as baliffs? or ones appointed my the credit card company?

fermi

Debt collectors are NOT the same as bailiffs.

A debt collector has no legal power or authority. If one turns up on your doorstep, then you just tell them that you are dealing in writing and that you will not deal with them. If they get antsy, refuse to leave etc, then call the police.