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Letter about Baliffs
Panic_Central
Posts: 23 Forumite
Hello
I have been reading this forum for a while but this is my first post - be gentle with me!
Thanks to DFW I have just organised a DMP with CCCS. It should be starting soon - I think CCCS have now written to my creditors. Today I had a letter from one of them - CapQuest - on behalf of Egg. (Their letter was probably sent before they recieved anything from CCCS).
The letter is threatening to send bailiffs :eek:
They say legal action will commence on 7th Dec. They say a bailiff will come and take an inventory. They also talk about a "walking possession agreement".
I am panicking (I do - hence my name). I know all the stuff about not letting them in but my daughter is often home in the day - I'll tell her not to answer the door but she might forget. Will they really send a bailiff? I have got other debts apart from this one but have never had one of these before
I suppose you could say I'm lucky because of that but I don't know what to do.
Looking forward to some help.
PC
I have been reading this forum for a while but this is my first post - be gentle with me!
Thanks to DFW I have just organised a DMP with CCCS. It should be starting soon - I think CCCS have now written to my creditors. Today I had a letter from one of them - CapQuest - on behalf of Egg. (Their letter was probably sent before they recieved anything from CCCS).
The letter is threatening to send bailiffs :eek:
They say legal action will commence on 7th Dec. They say a bailiff will come and take an inventory. They also talk about a "walking possession agreement".
I am panicking (I do - hence my name). I know all the stuff about not letting them in but my daughter is often home in the day - I'll tell her not to answer the door but she might forget. Will they really send a bailiff? I have got other debts apart from this one but have never had one of these before
Looking forward to some help.
PC
0
Comments
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ring the cccs and explain to them about the letter and ask if they can contact egg or capquest.Official DFW NERD 189
I may be a woman but dont hold it against me:D
Officially declared Br 6/11/06
Discharged Br 4/5/07 (6 months to the day)
BCSC MEMBER 210 -
Phone them, explian that you are starting a dmp with CCCS and give the your reference number and start date. This shows that you are at least genuinely on a DMP and they can check this.
Remember to keep calm and state that you are unable to pay what you do not have and this is why you are on a dmp. If you havent already, send out DMP Notifications ASAP, fax the letter to CCCS making sure you put ref number at the top and mark as URGENT
Phone CCCS and explain about this letter, I know it is scary receiveing these letters but try not to panic too much.
Tell your daughter she must NOT let anyone into the house that she does not know.
HTHProud to be me, proud to be who I am!!0 -
Thanks both for your advice. Do you think they actually will send bailiffs then? I was hoping it was just to scare me - which it has done :eek:0
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Theoretically they can only send a bailiff round if you have been issued with a CCJ and you have avoided making a payment. They *may* send round what is called a Field Worker who can make an inventry of the items in your property which are worth selling, this is to try and get you to pay, but the Field Worker is not allowed to physically remove any of your goods.
Or at least that applies to the DCA I work for.
Capquest on the other hand tend to try and employ some really underhand techniques. I suggest to do what angeluk69 and gettingitsorted suggested and contact CCCS0 -
they cant send a baliffe this can only be done after a cj and then has to be authorised by a court a long way off, field workers debt collectors can not do a thing if they call just tell them to bog off or remove them, if they force way in "i doubt it" call police but this to be honest will not happen its just a load of rubbish to even think this could happen as for capquest just say what you can afford and send it to them , i would contact egg direct and make the offer unless capquest have bought the debt they should accept your offer if it is to small they have just used capquest to try and intimidate dont worry about them pay what you can afford and ignore change you phone number if you have to0
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Also make a note of any payments you send these cowboys, as they will (or if lucky will not) say you never sent any payment to them.
They are currently being invested by Her Majesties Customs and Revenues. If anyone has proof of payments sent to Crapquest and they have sent letters saying otherwise please phone the HMCR hotline on their specialist Tax Evasion Hotline dealing with income tax, corporation tax, capital gains tax, inheritance tax, VAT and National Insurance:
Telephone 0800 788 887
If they can not handle basic admin such as moneys received, Customs and Excise would love to hear from you As they would love to know what has happened to this money.0 -
just to clarify about the baliffs
for ordinary debt (not e.g. council tax) before a baliff can be instructed then
a. you have to be issued with a summon to appear in court.
b. at the court hearing the judge will issue a CCJ and make an order to pay either the whole amount or a monthly amount...if you are with the CCCS then its likely the judge will endorse the CCCS amount.
c. only if you dont pay that amount, can the creditor go back to the court and ask for an enforcement order..if the judge agrees then the baliffs can be instructed
DCA staff have absolutely no powers at all and you do not need to let them in or indeed discusss anything at all with them. if they appear threatening call the police.0 -
Hi PC - First of all I would like to reassure you that CRAPQUEST can NOT send the bailiffs around - Bailiffs can ONLY attend your house under the conditions outlined by CLAPTON above.
The 'letter' that these 'semi-legalised criminals' have sent you is DELIBERATELY worded to frighten you and will, at best, border on the limits of the guidelines, as issued by the Office of Fair Trading, to which they, or anyone who 'plies' this dubious trade, should adhere.
If you feel that the letter was in any way 'threatening or intimidating' then you can report them to the Trading Standards Office.
Equally, should anyone from this 'company' call at your house, and make any threats, especially when only your daughter is at home, then they could be comitting a CRIMINAL offence.
I would suggest that you report the letter to CCCS immediately.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0
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