"bailiffs" chasing my brother

HarriettPotter

Hi all

My bro got himself into a bit of a sticky situ with his debt a couple of years ago. He was a student, not earning but had quite a bit of debt. His bank (HSBC) froze everything and demanded their outstanding overdraft and credit card debt back. Obviously my brother couldn't pay it. He didn't really tell any of us about it so we couldn't help him out. The debt passed to a collection agency and eventually he established repayments and started to get the debt down.

He still has £255 owing to the HSBC credit card and because he hasn't been working, he hasn't been paying as regularly. Since he talked about all of this with me we have budgeted and are reclaiming bank charges but I am not sure what to do about this situation.

About a week ago someone came to my mum and dad's door (my brother is at home) and left a business card. All of them were in but he didnt knock or ring, he just put the card through the door. It said something on it like please call and had a name and number. I think it said something debt related on it.

My mum called the number and asked what it was about. She said my brother wasnt at home much. The guy proceeded to tell her what my brother owes, who to, and that he is within his rights to come back round and take goods to the value of £255.00 to cover the debt!!

As you can imagine my parents are fuming. They said that nothing in the house belongs to my brother. They haven't heard anything since but naturally they are a bit worried.

To me it seems a bit strange. Do banks/debt agencies go to all this trouble for £255.00? Is there any coincidence that this has happened since my bro requested all his credit card statements? He thinks that the charges they put on his account come fairly close to what they are asking for back anyway.

If anyone has any insight/experience/information I would be very grateful.

Currently my mum feels that this guy broke the data protection act because he discussed my brothers situation with her (he's 25 by the way!).

Many thanks

HP

rog2

They can not sieze any goods without a warrant, which can only be issued by a court. Neither do they have any right of access to your home.
Has your brother received a CCJ (County Court Judgement)?
What is the name of the company chasing for the 'debt'?

HarriettPotter

Thanks for the quick reply. No, there is no CCJ. The name of the firm is Lewis debt recovery on behalf of HSBC.

OberonSH

I'm certain they can't discuss your brother's personal circumstances with anyone, and I'd write a letter to both HSBC and this compnay informing them of that.

How long has he not been paying this for? Did he notify the bank or just stop paying?

HarriettPotter

I think he hasn't paid for a few weeks now. I doubt he told them he couldn't pay for a while.

I just heard from my mum. She has already complained to HSBC and they have written to her saying they have interviewed the 'bailif' and they have agreed he shouldn't have shared the information with her.

She wants to go to town saying they have now admitted breaking the data protection act. Can she do anything?

OberonSH

I'd bob down to your citizens advice and see what they say about it. There's an official body you can complain to, but I'm not sure who it is. Pop into the bank and pick up a copy of their complaints procedure, and the Banking Code. This might help.

Seems a bit heavy handed for a few weeks late!