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Seqestrated but debt collectors still visiting........

Hi

Looking for some advice for my partner. He was sequestrated last August, but he is still getting debt collectors turning up at his door.

Am I right in saying that as he has been sequestrated they do not have any rights, and would have no right to try and take possessions etc?

Comments

  • Hi there, they should not be coming to your house as long as the debt is included within your sequestration agreements things like council tax, utility bills etc are not included however you can ask for smaller payments of arrears!

    Contact the companies by recorded lettet who are sending these people out and advising them of you sequestration and include a copy of your letter! It is against the law for these companies to contact you.

    I am 1 half years into mine and had a few companies on at me but the companies failed to check the Scottish bankruptcy register!
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Combo Breaker First Post First Anniversary Name Dropper
    edited 26 February 2012 at 6:36PM
    Any utility bill debt in existence at the time of BR is included. The account should have been closed and a fresh one opened on the day of BR, with meter readings, in order for the utility company to ascertain exactly what the debt was.

    CT can also now be included, I'll try and find the recent thread confirming changes. EDIT: My appologies, the thread was about CT benefit. Hopefully someone will be along shortly to confirm what happens with an actual CT debt though as I don't think it's straightforward.

    Regardless. Make some photocopies of your Sequestration Order and just hand one over any time a debt collector calls, then close the door on them. No point wasting energy having a conversation about it.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • Thanks for the replies. I thought that would be the case but just wanted to check. It is probably just a case of the companies not checking, or trying to chance their arm regardless.
  • CIS
    CIS Posts: 12,260 Forumite
    First Post Name Dropper Second Anniversary
    Thanks for the replies. I thought that would be the case but just wanted to check. It is probably just a case of the companies not checking, or trying to chance their arm regardless.

    The council wont check unless they have been advised - they dont have the resources to do so.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Combo Breaker First Post First Anniversary Name Dropper
    :rotfl:That's the best one I've heard this year about Councils having limited resources! It takes all of a minute to check if someone is BR or not, so any Council who claims they don't have the time/staff to check are just being lazy...
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
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