Bailiffs and Self-managed DMPs

GeorgiaMB

Hi all,

I hope you can help. I've had some issues with a DMP provider not paying my creditors. I had no idea this was happening till I received a letter dated 14th Feb from my creditor telling me contact them in 10 days or a "collection agent" would be round.

I moved house and the letter was re-directed from my old address, so if they do show up they will either be met with blank stares from the new tennants or an empty house. I didn't receive this letter in the 10 days so didn't get a chance to contact them and explain.

I've sacked off my DMP provider and intend on managing the plan myself however, in doing so I will give my creditors my new address (i.e. where to send bailiffs to). I have just written a letter with a financial statement offering them more money than what my DMP provider did. Therefore I'm hopeful that they will accept. However, I'm concerned that they will ignore the request and simply send the collection agents round without contacting me to tell me what's happening.

No bailiff has ever been round (not been contacted by one either) and I am not stupid enough to even open the door to them as I know they stick their foot in and refuse to move, and can then claim they gained peaceful entry so can force their way in next time. The doors are always locked, even when I am in the house.

My questions are relatively simple;

If I transfer ownership of my car to my fiance NOW, and bailiffs do show up, can they still take it? Is it too late for this to work? I'm assuming they won't check who owns what car (my fiance drives a company car) and will just clamp them straight away and then knock on the door, leaving us carless till we can prove neither belongs to me? This wouldn't be so much of an issue for me as I'm on maternity leave and therefore my car is not used a great deal. However, my fiance needs his car for work and travels all over the country so any delay in his usage would be really problematic.

Can they take my engagement ring? It's the only thing of value I own (barr the car) Though even their combined value doesn't come close to paying off the debt and obviously I didn't pay for it!

Someone once told me that if they do show up, all you need to do is tell them that the matter is in dispute and they will leave. Is this true? Do you have to give them evidence that it's in dispute? If so, what would they accept?

Thanks very much for your help guys!

GMB

Tixy

Hi

do you actually have any CCJs? or a liability order for council tax? If not then no bailiffs will be turning up. The only people who might turn up would be field agents for a DCA. They have no rights to do anything at all and certainly not to take your possessions, If you tell them to leave they must (and will).
Better still you can stop them coming at all by sending a template letter such as this - ....
http://forums.moneysavingexpert.com/showpost.php?p=23635529&postcount=59

GeorgiaMB

Hi Tixy,

Thanks so much for this! No, I don't have CCJs or liability orders. I've never been involved with the courts over my debts and don't intend to start! It's reassuring to know that they cannot do this.

I have amended my financial statement and pro-rata offer letter which I am sending in the morning to include the paragraph below;
"Your patience and co-operation in this matter is greatly appreciated and I look forward to your acceptance of this proposal. As you are no doubt aware, should it be your intention to arrange for collection agents to visit my property, under OFT rules, you can only do this if you make an appointment and I have no wish to make such an appointment with you or any of your representatives. Therefore I ask that no further action be taken until you have contacted me in writing with a decision regarding this matter."

I think and would hope that is all that is necessary to keep them at bay. I'm offering them MORE than my DMP did, so I would be hopeful they would accept my offer as they did the DMP provider's, but we will wait and see.

I'm quite frankly disgusted... if I hadn't come on here looking for advice, I never would have known that "collection agent" was not just a nicer, less threatening way of saying "bailiff". I honestly thought it was just a different name for them! If I fell into that trap of thinking bailiffs would be showing up, imagine what vulnerable people who have no access to the net or legal advice would think! It's apalling that legally they can get away with treating people like that just by using terminology the lay person doesn't understand but supposedly should! They should be forced to make it 100% crystal clear that collection agents are NOT bailiffs and that they cannot call without your permission!!

Anyway, thanks again Tixy, I shall sleep better now!

BigCraigJohn

I'd say your doing a good thing.
If you are confident enough to handle the debts yourself properly I think you tell the dcas who's boss + I hate the idea of someone else being in control, I cant even stand sitting in the passenger seat of a car.

Few pointers
:If they dont like your offer then thats there problem, only pay what you can afford, they will most likely refuse but pay it anyway, they will accept your money.
:No debit cards or direct debits, get there account number and sort code and set up a standing order or make a manual payment. This way you control the amount, theyve been known to help themselves.
:Keep everything in written and send everything recorded.
:Ignore all the threats as pretty much all are empty. Providing you are paying them they will most likely just be trying to bully you into upping the amount.

Tixy

Hi Georgia

Believe me its intentional that they are vague with their wording. They want you to panic and think bailiffs are coming to take your posessions.

Good luck with your self-managed DMP. The fact that you are paying a little more now should help them accept it. They will still ask for more every so often, just stick to your guns. Don't let them bully you. BCJs advice is very good.