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Dealing with debts and debt disputes

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CAB_Swansea_Bay_representativeCAB_Swansea_Bay_representative Organisation Representatives - Private Messages may not be monitored
287 posts
This thread is for people wanting to start getting help with sorting out their debts and also disputes about debts. If you're being chased for payments by a lender or being taken to court, it is possible that you might not have to pay the money.

Our advisers from the Swansea Neath Port Talbot CAB Service are here to help you with your individual questions. Post your queries to this thread and a CAB representative will aim to answer your question within 2 working days.

If you’re already receiving support and advice from your local CAB, then please continue your discussion with them rather than post on this board.

Please also see the MSE post about this service and the collaboration between MSE and Citizens Advice Bureau.
Official CAB Representative
I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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Replies

  • espresso21espresso21 Forumite
    196 posts
    I am so glad I found this thread and am hoping someone can give me some advice.
    For the past two years I have had letters from debt collection companies, coming to my address, addressed to someone else. I thought I had sorted this out last year - I contacted the various debt collection companies and informed them that Mr X did not live here. They took a bit of convincing and some were worse than others, but eventually the letters stopped and I thought that was the end of it.

    However, now it has all started again. In a matter of a week I have had three different letters from two different debt collection agencies looking for the same person. This time the letters are more threatening. One says that they have 'confirmed' that Mr X resides at this address which is complete nonsense and has threatened to make a 'door step collection'. I am really worried that I am going to come back from work and find that my house has been emptied. I just don't know how to stop this and it is causing me endless worry now. I feel sick with worry that someone might come to the door and force their way in. I have contacted the companies and told them that Mr X doesn't live here and I have sent the letters back to them marked 'addressee not at this address" but it doesn't seem to work. And when I phoned one of the companies they said they would update their records but that as soon as they got another debt to persue, they would said it to my address again so I feel like I am in a never ending cycle. How can I stop it? Please help! Many thanks.
  • edited 8 June 2012 at 8:01PM
    debt_doctordebt_doctor Forumite
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    edited 8 June 2012 at 8:01PM
    Hi,
    I suggest you make a formal complaint in writing by recorded delivery to each company. If you are not satisfied with their response, or 8 weeks have passed then complain to the Financial Ombudsman Service (FOS)
    To reassure you - no one is coming round to empty your house - only bailiffs could do that - for a debt that belonged to you, that you had been taken to the County Court for, and you had failed to do what the court said.
    It is completely impossible in any other circumstance for credit debts.

    I might add that bailiffs chasing credit debts only have a right of peaceful entry with permission, which means you let them in or they walk in through an unlocked door.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • espresso21espresso21 Forumite
    196 posts
    Thank you so much for the information and the reassurances! I really appreciate it.

    Can I just confirm that bailiffs can't enter the house when I am not here? I am sure I have heard horror stories of people coming home and finding their door forced open and a notice pinned on it stating that the bailiffs did it.

    Thank you very much once again!
  • John_PierpointJohn_Pierpoint Forumite
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    Can we have a comprehensive reply about the situation in England.
    This should at least cover:
    Utility Providers rights to break in to disconnect.
    Bailiffs on behalf of the creditor with a County Court Judgement.
    High Court Enforcement Officers (still sometimes called "Sheriffs") acting on behalf of the Court.
  • CAB_Swansea_Bay_representativeCAB_Swansea_Bay_representative Organisation Representatives - Private Messages may not be monitored
    287 posts
    Hi espresso21, thanks for your query regarding a debt which is not in your name.
    Firstly you have done all the correct things by returning letters to sender and writing to them but I would suggest you write once more, by recorded delivery and keeping a copy, stating the debtor is not living at your address and asking them to cease all collection activity against you and to pass this information on to any other collection agencies they may pass the debt to. If they continue to contact you then you can make a complaint to the Financial Ombudsman Service and you can find information on how to do that at http://www.financial-ombudsman.org.uk.
    Regarding your concerns about bailiffs, as debt doctor has stated above, a bailiff could not be used to collect a consumer credit act regulated debt without a county court judgement and they have no rights to force entry into your home and once informed the debtor does not live at your address should just return the warrant to the court.
    Hope this is of assistance
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • edited 9 October 2012 at 12:16PM
    CAB_National_RepresentativeCAB_National_Representative Organisation Representatives - Private Messages may not be monitored
    220 posts
    edited 9 October 2012 at 12:16PM
    Hi John_Pierpont,

    Thank you for your feedback, which we welcome. We have set this board up to provide answers to individual queries. You will however find comprehensive information, for all four of the UK countries, on our Adviceguide website. Produced in collaboration with Citizens Advice Scotland and Northern Ireland Association of Citizens Advice Bureaux, the website covers a wide range of topics.

    I hope you find the website gives you the information you're looking for.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • edited 12 June 2012 at 11:59AM
    John_PierpointJohn_Pierpoint Forumite
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    edited 12 June 2012 at 11:59AM
    Thanks for that BUT I no longer have the problem - it will eventually go away.
    I did not wade in with advice as I was waiting for the expert from the CAB.
    What I learned was that the best technique was to answer the door via the bay window (which had a convenient piracantha thorn hedge outlining it) and advise some callers to go forth and multiply, when I did not recognise them and they asked for the previous owner (The property was purchased from "The Halifax" repossession department).

    Many callers are unwilling to explain their business over a thorn hedge, but in 5 years the only attempt at forced entry was from a couple of simple youthful ("druggie"?) burglars, one of whom found himself "citizen arrested".

    However what I did discover is that not all aggrieved callers have the same powers and the former owner did not leave details, of the presumably dodgy, business he tried to run from the property.

    Inheriting the heritage, of what might have been a fraudster attempting a Reggie Perrin, can be a bit more complicated than dealing with the debts of a former flat sharer.
  • My parents have seperated and my father was due a settlement amount, in order to leave the house with my Mother. She has sold the house and transfered the money into someone elses account to hide it. She has now left the country without paying him.
    Can you advise on any action we can take? Hope I am in the right place!
  • bigladbiglad Forumite
    617 posts
    Debt-free and Proud!
    I wonder if someone could help

    I got into a lot of financial difficulty in 2006 and entered a DMP with payplan. I had a lot of creditors at the time and they all accepted the offers. In 2007 I got a letter from natwest stating they were going to put the account into default if I didnt pay on time. they never and continued to accept the payments from paylan. Then in 2009 they put the account into default with no warning whatsoever.

    the debt is all paid off now but as they filled the default in 2009 it is going to stay on my file until 2015 which is very frustrating as im working very hard to rebuild my credit.

    I have also had an account from virgin media put on my file that dates back to 2006, it has only just appeared on there. The default is due to come off in December of this year but again can they still do this as I would rather this not on my file as the last remaining accounts (apart from natwest) will fall off by October.

    Thanks
  • biglad wrote: »
    I wonder if someone could help

    I got into a lot of financial difficulty in 2006 and entered a DMP with payplan. I had a lot of creditors at the time and they all accepted the offers. In 2007 I got a letter from natwest stating they were going to put the account into default if I didnt pay on time. they never and continued to accept the payments from paylan. Then in 2009 they put the account into default with no warning whatsoever.

    the debt is all paid off now but as they filled the default in 2009 it is going to stay on my file until 2015 which is very frustrating as im working very hard to rebuild my credit.

    I have also had an account from virgin media put on my file that dates back to 2006, it has only just appeared on there. The default is due to come off in December of this year but again can they still do this as I would rather this not on my file as the last remaining accounts (apart from natwest) will fall off by October.

    Thanks

    correct me if im wrong , but was it not credit that got you in such a mess in the first place ?? why not concentrate more on how to save and slimline your outgoing instead of concentrating on getting back into debt again !
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