Debt Collectors Practices

peajiphy

I have a couple of questions on this. Firstly, is a debt collector allowed to come to your home at quarter to ten in the evening? Secondly, would a bank like Santander, sell a debt to a debt collector? Thirdly, it's my daughter who has the debt. Until three months ago, she lived with me. She now has her own place. If the debt collector comes to my home, obviously I wil tell him she no longer lives at this address, but am I legally obliged to inform him of her new address? Please don't misunderstand this as an attempt by her to get out of paying. She acknowledges the debt and wants to pay it off, but she has several other debts to deal with too and is trying to get the CAB debt advisor to work on her behalf (something this guy told her on the phone was not a good idea). Any advice will be gratefully received.

macman

Then can come any time they like, but you don't have to let them in. They'll obviously choose times out of normal working hours, when they think the debtor will be at home.
You're not obliged to give them any information whatsoever, or even talk to them.
Yes, any creditor can sell on a debt.

Gordon_Hose

1. They aren't allowed to call at your home without invitation or an appointment.
2. Yes.
3. No.

macman

Are you serious? Who is going to 'invite' a debt collector round?

Gordon_Hose

No-one, obviously. However, it is true that to be able to call at your house they require an appointment. They can't just turn up unannounced. So you'd either need to agree to an appointment, thus inviting them round.

Not sure what the issue with what I posted is?

Nice cup of tea, some heavy duty cable ties and a Hessian sack...

macman

I'm not aware of any law that prevents someone turning up at your door, unless maybe they've got an ASBO, or you have a court order preventing them from harassing you.
But you are under no obligation to talk to them, or even to open the door.
Your plan B sounds like a good one though

Gordon_Hose

There is an implied license under common law. However, if a debt collector walks up your path, he is, technically, trespassing, as he doesn't have permission to be there (an appointment).

FireWyrm

macman wrote: »

I'm not aware of any law that prevents someone turning up at your door, unless maybe they've got an ASBO, or you have a court order preventing them from harassing you.
But you are under no obligation to talk to them, or even to open the door.
Your plan B sounds like a good one though

It's common law. They're like vampires, you have to banish them.

OP, stick a notice in your window denying access to all cold callers and dont bother speaking to these people. It's not your problem and you're under no obligation to co-operate. Short of a court order, and a warrant backed up by police, they have as much right on your property as any other common person. Tell them to get lost.

macman

Gordon_Hose wrote: »

There is an implied license under common law. However, if a debt collector walks up your path, he is, technically, trespassing, as he doesn't have permission to be there (an appointment).

Kinda makes live tough for the postie and the milkman though...

Gordon_Hose

macman wrote: »

Kinda makes live tough for the postie and the milkman though...

Apparently, license to step foot on your property without invitation only applies only to the postman and people asking for directions.

The rest are trespassing.

Don't know how that holds up for the Emergency Services.

adouglasmhor

Many people have a compulsory right of entry to your home. Debt collectors don't though.

http://news.bbc.co.uk/1/hi/uk_politics/8557605.stm