Spent this afternoon hiding from debt collector at door...

taffy056

Well waiting a further 2 years is one way I suppose, but you will have this hanging over you all this time with the possibility however small that they could take it further, or more likely sell on when they get bored at chasing you. Or send them a letter offering £10 a month (which resets the statute barred clock) and stick to it until paid.

There would be little point taking you to court then if you are paying what you can afford, another alternative is maybe making a full and final offer on the outstanding debt of say 20% of the owed money in settlement of the debt.

HappyMJ

ScottHeron wrote: »

Im Pretty sure the six year rule only applies if its been six years since the company you owe debt to have made contact with you and NOT six years when the debt started..

Please correct if I'm wrong

Six years since you last make payment or acknowledge the debt. They can write as much as they like it doesn't reset the clock.

taffy056

ScottHeron wrote: »

Im Pretty sure the six year rule only applies if its been six years since the company you owe debt to have made contact with you and NOT six years when the debt started..

Please correct if I'm wrong

Yep you are wrong, it's 6 years after the debtor either paid something towards the debt or acknowledged it in writing.

ladyasmo

I thought it was 6 years since you last awknowledged a debt (i.e paid money or write etc etc).

The other thing im worried about, If this DCA comes again is he allowed to ask my neighbours if I live here and when i will be home or who he is etc? For all I know he could come every day but I work every day apart from weds, thats how I know he was here. He could well be coming more regularly!

i really don't want my neighbours to find out....

HappyMJ

ladyasmo wrote: »

I thought it was 6 years since you last awknowledged a debt (i.e paid money or write etc etc).

The other thing im worried about, If this DCA comes again is he allowed to ask my neighbours if I live here and when i will be home or who he is etc? For all I know he could come every day but I work every day apart from weds, thats how I know he was here. He could well be coming more regularly!

i really don't want my neighbours to find out....

He can but he can't mention your name as that is in violation of the data protection act. He will ask them "Do you know who lives here?" A good neighbour will not answer the question.

Don't worry about the neighbours. Pop around there for a cup of tea and explain it if you want to prewarn them some dodgy company is chasing a debt you don't acknowledge and not to answer any questions. They won't visit every day. They visit 3 times then that's it.

taffy056

He would be breaking various laws including the dpa if he informed your neighbour what he was there for, I suppose he could ask if you live there but that is all he could do. Honestly though they are powerless, hammering on the door for 10 minutes could be deemed as harassment and intimidation though. You do have options with this including sending them a letter to stop visits, not sure if that will reset the statute barred clock though unless carefully worded .

raven83

OP, seriosuly chill! Don't go getting yourself worked up over this, DCA have as much rights as the milkman, i know it is annoying and it does unerve you but they are powerless. A bailif on the other hand is different. Also it is strange he never left no calling carf as most DCA shove something through the letter box..

fatbelly

ladyasmo wrote: »

I probably could afford maybe £10 a month. I was hoping though to hang on in there till the 6 years are up, as I have now not made contact since 2008...

But if it means i dont have to be scared of leaving the lights on or leaving my house then perhaps i should just get in touch and set up a payment plan.

Can they refuse an offer? like i offered them £10 a month can they refuse?

Those are your two main options, then, Ladyasmo

1. An 80-month debt management plan with them constantly hassling you to pay more.

2. A two-year keep-hidden-and-see-if-they've-got-the-balls-to-take-court- action-strategy

Your call...

skyshadow

fatbelly wrote: »

Those are your two main options, then, Ladyasmo

1. An 80-month debt management plan with them constantly hassling you to pay more.

2. A two-year keep-hidden-and-see-if-they've-got-the-balls-to-take-court- action-strategy

Your call...

That's about the size of it. Like someone else mentioned earlier, field agents have no powers at all but all DCA like to dress up their letters and titles to confuse people into a bailiff and a field agent are the same thing.

The court process is as follows:

1: Creditor traces debtor
2: Creditor contacts and chases debtor
3: Creditor must give notice to commence legal proceedings
4: Creditor issues summons
5: Creditor is allocated a hearing date
6: Creditor is given a default judgement against debtor (CCJ)
7: Creditor requests payment of CCJ
8: Creditor employs bailiff to attend to arrange payment
9: Bailiff is unable to contact creditor and applies to court for a warrant
10: Bailiff attends with warrant to remove goods

All of the above are only possible if the debtor does not contest the debt and even without being contested takes months to go through. Before number 10 no one has any right to come into your home or have the power to remove anything you own.

The other common misconception is that you need a solicitor to attend court to defend yourself. While a solicitor is trained and likely able to put forward a better argument, so long as you can put forward your side of events in an easy to understand manner you can attend yourself.

Please don't think I'm trying to scare you, I just find once you are aware of what the procedure is and what DCA can and cannot do its help understand what each letter and phone call is and how powerless they are.

HappyMJ

skyshadow wrote: »

That's about the size of it. Like someone else mentioned earlier, field agents have no powers at all but all DCA like to dress up their letters and titles to confuse people into a bailiff and a field agent are the same thing.

The court process is as follows:

1: Creditor traces debtor
2: Creditor contacts and chases debtor
3: Creditor must give notice to commence legal proceedings
4: Creditor issues summons
5: Creditor is allocated a hearing date
6: Creditor is given a default judgement against debtor (CCJ)
7: Creditor requests payment of CCJ
8: Creditor employs bailiff to attend to arrange payment
9: Bailiff is unable to contact creditor and applies to court for a warrant
10: Bailiff attends with warrant to remove goods

All of the above are only possible if the debtor does not contest the debt and even without being contested takes months to go through. Before number 10 no one has any right to come into your home or have the power to remove anything you own.

The other common misconception is that you need a solicitor to attend court to defend yourself. While a solicitor is trained and likely able to put forward a better argument, so long as you can put forward your side of events in an easy to understand manner you can attend yourself.

Please don't think I'm trying to scare you, I just find once you are aware of what the procedure is and what DCA can and cannot do its help understand what each letter and phone call is and how powerless they are.

Agreed and even with number 10 a county court bailiff still has no right to enter your home unless invited.