iS IT LEGAL??

smashedbooboo

Hi hun. This guy is not a bailiff. Debt collection agencies do not have the power to enter your home. In fact have very little poweres at all. A bailiff can only enter your home with a court order. I will send you a pm tomorrow with some info for you regarding this. Just got a teacher friend looking over my shoulder. She said where you doing your training. And in what subject. If you dont want to say on open forum let me know in a pm. There are loads on here that will help you hun. So please dont worry now. You are with friends now. And you will get lots of support. I really could do with knowing the name of the Debt collection ageny. Can you pm me with it. I will know for sure if they are bailiffs or not.

southernscouser

NO-BRAIN wrote: »

Any info was he a bailiff or what? i have never been to court regarding my debts
thanks

No he wouldn't have been a balliff. But he still has to operate by the law and regulations put in place so I personally think you should make a formal complaint.

He is not allowed to harrass you or cause you distress or embrassment/humiliation.

They reason they get away with it is because people are scared and don't understand or know of the rules that are there to protect them.

NO-BRAIN

smashedbooboo wrote: »

Hi hun. This guy is not a bailiff. Debt collection agencies do not have the power to enter your home. In fact have very little poweres at all. A bailiff can only enter your home with a court order. I will send you a pm tomorrow with some info for you regarding this. Just got a teacher friend looking over my shoulder. She said where you doing your training. And in what subject. If you dont want to say on open forum let me know in a pm. There are loads on here that will help you hun. So please dont worry now. You are with friends now. And you will get lots of support. I really could do with knowing the name of the Debt collection ageny. Can you pm me with it. I will know for sure if they are bailiffs or not.

The only thing I know is that he is from Asset Link Financial which is based in Wales, he said he had been trying to reach us as he had a letter for me, i told him to post it but he said he cant do that, i do not know why though.

I am doing my training at Demontfort Uni-Leicester, I specialised in maths for age 14+ as i work with offenders

It's the principle of the whole thing which has bugged me throughout, i think that they have had enough money off me already, let alone using sneay tactics like this
Many thanks, look forward to your message

sammy115

maybe you have a case for reclaiming charges from them. I would write to the original loan company and ask them for a full statement of account. I would also ask them for a company of the original credit agreement, a copy of the default (if any) and the deed of assignment to the debt company they have sold the debt onto. If you log onto https://www.consumeractiongroup.co.uk they have a lot of template letters to do this. You would also need to send a cheque for £1 for this information. They have 28 days to respond. send the letter recorded delivery.

I would also send a recorded delivery letter asking the debt collecting co for a statement of account showing any payments you have been making to them.

I am assuming you may not have records of correspondence when you paid the original loan off when you requested a settlement figure. Do you have a bank statement showing the payment you made. Can you get a copy?

tpurch

NO-BRAIN wrote: »

Hi,

Thanks for all your discussions, I just got home from work again and found it quite interesting reading. Can i point out i have not avoided anybody and have well and truly been confronting my debt for over 6 years now since i gave up my home and car etc etc.

This is a debt which was from a loan which was secured on my last home (which i sold when in debt) we requested a settlement figure but they never responded, so in desperation and worry of spending the money we sent a cheque for an estimated amount which was more than the original amount ever borrowed...stupid i know but was only 19!

They cashed the cheque and still never respondsed (first national bank) then about 9 months later we were contacted by asset link financial who said that there was still 600 quid outstanding and they had added charges interest etc now we owed them 1000 quid. had 2 young children and numerous other difficulties so have been on a payment arrangement with them for about 3-4 years now but lately they are chasing me for a financial statement. It p****s me off to be honest as i think that they have had enough out of me already and am trying to get on with my life debt-free and am studying to be a teacher.

So i am not ignoring them, i make my payments and i have not got a home phone, to my knowledge they haven't sent me any letters since january and that was just a 'why haven't you posted it back yet letter?' the guy was a collection agent for their company...not sure if thats the same as a bailiff or not but quite frankly, giving my name and address to any odd person who lives in the same street as me is still giving out my information without my consent...(i live in quite a rough area by the way) and i think it is purely because he didn't want to drive 200 miles to where i live.

Any info was he a bailiff or what? i have never been to court regarding my debts
thanks

Hi NO-BRAIN,

Sorry to here about your troubles. As this debt was secured on the home, would have I thought that it would have been the solicitor’s responsibility(who acted on your behalf when selling your home) to obtain settlement figures and clear any mortgage/secure loans before releasing any funds left to you.

Of course I could be wrong, but I thought this was done to ensure that people didn't hold a mortgage or secured loan against a home that they don't own.

Can anyone confirm if this is correct?

benbenandme

Did he knock on the neighbours door?? If yours are anything like my neighbours they would have been noseying around and would have approached him and asked if they could help

NO-BRAIN

Hi Guys,

He didn't knock on neighbours door he telephoned as he was obviously too lazt to drive down from Wales.

I have sent the first letter to the original loan company asking for £450 plus interest to be paid to me, am waiting for the 14 days to expire before i take the next step but haven't heard anything yet.

Now what should i do about this guy, I have already wrote and complained to Asset link Financial and not heard anything yet, I have also gone to equifax for a copy of my credit report and I was correct there is no mention of any court dealings it just says defaulted, but it has gone up to £870.

Do I have legal standing to complain to an ombudsman and if so who shall i go to?

Cheers
x

16011996

i have no idea of any advice to offer you, but just wanted to say how bloody awful for him to contact your neighbours. thats really horrid and disgusting.
best of luck,
160

tpurch

Hi NOBRIAN,

Are you sure that the conveyancing solicitors you used didn't payoff the secured loan?

Its their job to payoff any Mortgage/secure loan on closing from the proceeds of the sale before releasing any funds to you Or I am missing something here?

If the solicitors failed to do that, could there be a chance to claim the against them?????

NO-BRAIN

No they didn't pay off the loan, they told us to do it, they paid off the mortgage and gave us the remainding funds, I may be incorrect and the kitchen loan might not have been secured on the house, it was just the impression I got as the original loan document states the value of the house and value of mortgage...but I don't remember any other paperwork involved, it was a long time ago now