Debt collectors charges ADVICE NEEDED PLEASE

fatbelly

ysbrydtawel wrote: »

The only way a bailiff could take your car would be if you'd defaulted on a repayment plan agreed during a County Court Judgement - the bailiff would then have to apply for permission to come and take something, and he'd have to have a particular document (I forget the name) authorising him to do so.

A warrant of execution.

This guy must be licenced by the OFT and must abide by OFT debt collection guidance.

There's a section on home visits at 3.12.

fermi

Some of the relevant OFT sections mentioned.

---> Debt collection visits

---> Charging for debt recovery

Brad33

fatbelly wrote: »

A warrant of execution.

This guy must be licenced by the OFT and must abide by OFT debt collection guidance.

There's a section on home visits at 3.12.

Just reading the letter he put through the door in more detail......
It states on there he is acting on the "distress for rent law"
"Acting on a certificate granted by Swansea county court with the authority of my agent"

WHAT DOES THIS MEAN? If anything?
Looking online in only refers to commercial property! Which I am not?.

fatbelly

I think what you have there is 'common law distress'. The individual case has not been through a court.

He is saying he is a certificated bailiff with the certificate issued by Swansea County Court.

Whether that is legal depends on what sort of tenancy you have. It's legal for rent arrears on commercial leases and also secure tenancies. But for other tenancies this is going beyond my ability here at home, even with the latest Debt Advice Handbook! You would need a specialist in bailiff law and there are a few around.

If it is valid, the fees are laid down by statute.

Brad33

fatbelly wrote: »

I think what you have there is 'common law distress'. The individual case has not been through a court.

He is saying he is a certificated bailiff with the certificate issued by Swansea County Court.

Whether that is legal depends on what sort of tenancy you have. It's legal for rent arrears on commercial leases and also secure tenancies. But for other tenancies this is going beyond my ability here at home, even with the latest Debt Advice Handbook! You would need a specialist in bailiff law and there are a few around.

If it is valid, the fees are laid down by statute.

Thanks for the info will have to do some more digging.

Does it mean anything that they have spelt my name completely wrong?

Brad33

Brad33 wrote: »

Hi guys

I owe £135 for ground rent on my house.

This debt was sent to a collection agency who sent me a letter asking for £166 (including there charges)

This letter arrived sometime after last Thursday (20th) as I was away from that night until yesterday, I opened the letter last night and decided I would pay this Friday as payday.

This morning I had a knock on the door, it was the collection agency asking me to pay £346?? I disputed this and advised i would pay £166 on Friday and explained that I had been away so had only just read the letter and had not had time to pay!

The collector advised that they had sent a letter and as I had not paid so he was calling and that's why the amount was now £346!
Again I advised the collector that it was unfair as not given me time to pay!
He then asked to see the letter to which he advised the letter was dated 14/06 and it would have been posted the next day so unlikely that took that long to get to me! And I should take it up with Royal Mail!! (Basically calling me a lier)

He posted a new bill though the door with charges of £180 for calling today!

Once he left I noticed on the envelope of the original letter that it was franked on 18/06 so could not have been posted until at least that date!

Hey have also completely spelt my name incorrectly (don't no if that means anything)

I feel that the charges and small time frame is not fair and maybe un lawful

Any help would be really appreciated

Thanks brad

Update:
I tried to pay my creditor directly following on from advise BUT they have refused my payment (the £135 i owe theml) as its been passed to a collection agency.

Can they refuse my payment or is there something else I can do?

Thanks guys