What can a DCA do?

whitefuschia

I've read a lot on the forum about what rights a bailiff has regarding debtors property, but can't find much about debt collection agencies. Do they have any rights at all or do they just go after you in the hope that you'll pay up?

Numpty_Monkey

DCA's basically have as much right to your property as I have,
they lie, tell you stuff in phone calls (never talk to them on the phone)
they will harrass you and try to bully you

Only court appointed Bailiffs have certain rights to your property

Hannah_10

What Numpty said... In short they don't have any rights to your property or your money. They can take you to court but then so can your Granny's friend's dog-walker's uncles lodger, or NumptyMonkey. Of course they like to pretend they always win at court too- no they bloody don't. They are threat merchants, they thrive on scare. Stop being scared and they come undone.

whitefuschia

This may be a silly question, but how do I know whether I'm dealing with a DCA or a bailiff?

Thanks for your replies, btw. I'm not in the least scared of DCAs!

Tixy

If its a bailiff they'll have a CCJ against you (or a liability order if it happened to be for council tax). If they don't have then they are DCAs/field agents etc and have no rights to anything.

Some bailiff companies also act as DCAs so it can sometimes be hard to tell and DCAs do use ambigious wording to worry you.

If in doubt don't open the door.

Hannah_10

Have you got a letter from them? If so does it state anywhere on that letter that they are baliffs or does it use the word sherriff anywhere? If so quote the sentances.

whitefuschia

Tixy wrote: »

If its a bailiff they'll have a CCJ against you (or a liability order if it happened to be for council tax). If they don't have then they are DCAs/field agents etc and have no rights to anything.

So a bailiff will come after you for something that has gone to court?

An alleged unpaid utility bill has reared it's head 3 years after we left a property. Somebody came to my current property a few nights ago (husband dealt with them so don't know the company name offhand). We've been in touch with the utility company asking for more info as this is the first we've heard about it (just waiting for them to send us proof of the debt).

I was just wondering whether the person after the debt is a bailiff or a DCA and if a DCA what rights they have.

If the debt is valid we will pay it as soon as it's proved to be ours, but this is the frst we've heard of it even though it's 3 years old (and we had mail forwarding when we left that address so we were contactable)

Can I write to both bailiffs and DCAs telling them not to turn up on my doorstep?

Numpty_Monkey

Usually by the company name, or ask
If you have taken to court and failed to repay the court they may pas it to the bailiffs , some Tax and things like that
or you have been issued with a CCJ and failed to repay.

If a company say they are a Baillif and they are not - that is a big no no

[FONT=Times New Roman, serif]Debt collection guidance[/FONT]
[FONT=Times New Roman, serif]Final guidance on unfair business practices[/FONT]
[FONT=Times New Roman, serif]July 2003 (updated December 2006)[/FONT]
[FONT=Times New Roman, serif]2 UNFAIR BUSINESS PRACTICES[/FONT]
[FONT=Times New Roman, serif]Communication[/FONT]
[FONT=Times New Roman, serif]2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.[/FONT]
[FONT=Times New Roman, serif]2.2 Examples of unfair practices are as follows:[/FONT]
[FONT=Times New Roman, serif]a. use of official looking documents intended or likely to mislead[/FONT]
[FONT=Times New Roman, serif]debtors as to their status, for example, documents made to resemble court[/FONT]
[FONT=Times New Roman, serif]claims.[/FONT]

[FONT=Times New Roman, serif]3 False representation of authority and/or legal position[/FONT]
[FONT=Times New Roman, serif]2.3 Those contacting debtors must not be deceitful by misrepresenting their authority[/FONT]
[FONT=Times New Roman, serif]and/or the correct legal position.[/FONT]
[FONT=Times New Roman, serif]2.4 Examples of unfair practices are as follows:[/FONT]
[FONT=Times New Roman, serif]a. falsely implying or claiming authority, for example, claiming to work on[/FONT]
[FONT=Times New Roman, serif]instructions from the courts, claiming to be bailiffs or, in Scotland,[/FONT]
[FONT=Times New Roman, serif]sheriff officers or messenger-at-arms[/FONT]


http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

:cool:

Hannah_10

So am I understanding this right, you have no paperwork at all? The caller did not leave any?

whitefuschia

Hannah_10 wrote: »

So am I understanding this right, you have no paperwork at all? The caller did not leave any?

He didn't leave anything. My husband took his contact details and a reference/account number for the utility company in question.

Is it likely they would have taken us to court for this debt despite no attempt to contact us?

I'll Google the company later when I get the name from my husband.

Hannah_10

A baliff would normally leave you with something. I can't say for sure it wasn't a baliff, but it really isn't sounding like it to me.

Getting the company name off your husband has got to be the next step, but don't call them yet. This sounds iffy to me.

Next question, how much do they say you owe? Roughly will do for now if you don't know exact figures till you've asked hubby.