need advice please, in such a mess

teabag29

Basically i'm in alot of debt from years ago when i was the victim in an abusive relationship. Although i never saw a penny of the money alot of the debts were in my name. I was at the time in good credit and landed a place at uni and got with the wrong guy, he abused me for 6 years in every way possible, it was not until he broke my daughters arm i finally had the courage and support to leave him. Please do not judge, there is so much more to that story. Anyway whilst i was with him i had a barclaycard with a credit limit of 1000 i do believe. To cut a long story short he had every penny off it, he sometimes withdrew money himself and other times made me use the card. He became addicted to heroin and every thing he could do to get money he would, including outting me into serious debt.

Today i have had a debt collector turn up to my house when i was out and posted me a slip saying i owe barclaycard £3985-11. The company is called credit security limited. It basically says legal action could be taken against me unless i make regular payments.

I'm so worried. I've finally started to get my life sorted. Im now married to a decent man and me and the kids are happy. The thing is i dont have the money to pay this off or even a little at a time. i am still trying to get up to date with the priority bills (for example i owe the water board £1100).

I debt has amounted to this much as they kept adding interest and charges when i couldnt make payments to keep up. It is now about 4-5 years old and has escualted to this amount.

Does anyone have any advice they can offer me? Can this debt collector force his way into the house and remove things and if they take me to court can they send me to prison. Im so worried

Soph86_2

I don't know much about this but didn't want to read and run, someone will be along soon!

I do know, though, that the debt collector/baliff cannot, under ANY circumstance, no matter what they say, go into your house unless you invite them to. Once you have invited them in once I think they have further rights to enter, but I'm not sure. They will try to give you a load of bull about why they are allowed in, but it is just that, bull. Do NOT let them into your house, and if they force themselves in, call the police. Threaten to call the police if you feel threatened too. They will add fees onto the account for visiting your home, but they can only add a certain amount on (again, I'm not sure how much but think <£100).

IF they do take legal action, providing you provide the courts with the informaiton they request, they will not make you pay back more than you can afford.

I don't have any more advice to offer, but sorry to hear about your situation.

Soph x

RAS

Hi

Please take a few deep breathes.

Debt collectors have no power but it is important that you stop dealing with this one. As a rule they have the same rights as a paper boy.

The difficulty with this is that it sounds like this debt may be statute barred or will be very soon. What that measn is that if you pay nothing for 6 years, and do not make any other written acknowledgwement, the only defence you need if they try to take you to court is that the debt is over 6 years old.

You need to find out when the debt was defaulted, is it listed on your credit record?

have you paid any money towards the debt in the last 6 years?

teabag29

I think my last payment was sometime late in 2005 or early 2006. I lived in Mansfield at the time and moved from there in novemeber 2006 so the letters kept going there as i didnt leave a forwarding address. I have not had any contact with them since then. My credit rating is very bad so much so that i cannot even get a current bank account, i have an easycash account with halifax where my tax credits and child benefits get paid into.

RAS

Did this debt collector ask you to sign any documents?

and you can get a basic bank account. Info coming up.

RAS

Have a look at this link page 5 for a list of what card each offers etc and other facilities on basic bank accounts - http://www.moneymadeclear.org.uk/pdfs/bank_accounts.pdf

Make sure you have the necessary ID, though.

teabag29

I wasnt in when the debt collector came but he came about a month ago and i was in then, that was for another debt but was only for around £400 and he wouldnt leave until i signed a standing order for £5 a week. I really cant afford this but he wasnt taking no for an answer and he was less than impressed that it was only for £5. I have an account with halifax called easycash, is this what you mean when you say basic account?

RAS

The Easy Cash is a basic account but only offer electron which cannot be used in some places. have a look at page five on the link I posted above.

Are you sure it was a standing order not a direct debit mandate you signed?

We need to find the common law letter and stop these Barstewards visiting you.

RAS

OK

What do you have in writing - anything with their address on?


Dear Sirs,

I do not acknowledge any debt to your company or any related company.

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

teabag29

yes its definately a standing order i signed as ive had to cancel it via online banking or id havew gone overdrawn which isnt allowed on my account. I have the address on the slip he posted. So i write that and send it off to them but what if he turns up at the door again, should i answer it and tell him that aswell or should i ignore the door?

RAS

teabag29 wrote: »

yes its definately a standing order i signed as ive had to cancel it via online banking or id havew gone overdrawn which isnt allowed on my account.

Good

then go cancel it again.

Use the money that saves to get your credit records, please. As I suspect that you are no longer legally liable for some of these debts.

And the water board is much more important. that is a priority debt you need to get paid.

teabag29 wrote: »

I have the address on the slip he posted. So i write that and send it off to them but what if he turns up at the door again, should i answer it and tell him that aswell or should i ignore the door?

If he turns up again, refuse to answer the door, quote the Armstrong case and tell him he has 30 seconds to vacate or you will call the police.

teabag.

There are a number of laws and rules that you can use to protect yourself against people like this. If you hang around her for a bit, you will get a lot of good advice (and a few bits that are duff). One Op who came here about two years ago is debt free, having paid a samll sum to clear a debt she actually owed, much reduced partly because the sum (thousands) included charges and fees that were not legally allowed.

Others here are not paying anything because the debt is unenforceable in one way or another.