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can anyone give me some advice

i pay a debt recovery agency £20 per month and they have decided to come and see me at my home(i dont think they agree to the payment i am making but atm i9 cant afford any more) my kids are playing in the garden atm and i'm worried they can just walk into my house, are they able to do this? the letter doesn't say much just that someone is coming to see me any advice welcome , oh and every letter they send me costs me £12 so this month only £8 has come off my debt can someone tell me if this allowed
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Comments

  • immoral_angeluk
    immoral_angeluk Posts: 24,506 Forumite
    10,000 Posts Combo Breaker
    DCA's are a law unto themselves so I'm not sure about the charges.. but a debt collector or rep of the company has no rights to enter your home, demand payment or seize goods. You don't have to talk to them just tell to bog off (or words to that effect lol)
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • elly2
    elly2 Posts: 556 Forumite
    Part of the Furniture Combo Breaker
    thx for the reply will see what they have to say tho, in the letter there was a leaflet for a loan why do they think when you are struggling(well brassic skint tbh) giving you more money will help :confused:
  • Shineyhappy
    Shineyhappy Posts: 1,933 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Is it worth going to see the CAB if you are worried about your debts? They might be able to point you in the right direction of sorting out your finances so that you aren't paying for threatening letters.

    As IA said they don't have any rights to force entry and if they try to tell them you will call the police.
    Debt Free - done
    Mortgage Free - done
    Building up the pension pot
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    DCA's are a law unto themselves so I'm not sure about the charges.. but a debt collector or rep of the company has no rights to enter your home, demand payment or seize goods. You don't have to talk to them just tell to bog off (or words to that effect lol)

    Absolutely!!!

    This factsheet on harassment by creditors tells you what your rights are, and when a DCA's actions become harassment.

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

    In particular relating to your case it quotes the OFT guidelines saying:
    "Charges should not be levied unfairly."

    Examples include:
    • claiming collection costs when the original credit agreement didn't allow this to happen and making you think you are legally liable for the costs;
    • not putting the specific amounts that can be added for collection costs in the original credit agreement;
    • adding any unreasonable charges.
    and
    "Those visiting debtors must not act in an unclear or threatening manner."

    Examples include:
    • collectors should explain the reason for any visit and give you notice of the time and date they will call;
    • they should not visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave;
    • they should not come in if you do not want them to and should leave when you ask them to;
    • they should not visit you at work or somewhere like a hospital.
    The law is on your side not theirs. :)

    I would read through the whole factsheet, as I suspect it will put your mind at rest about a number of issue.

    Continue posting if you are still worried.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • PanickingHARD
    PanickingHARD Posts: 100 Forumite
    elly2 wrote: »
    thx for the reply will see what they have to say tho, in the letter there was a leaflet for a loan why do they think when you are struggling(well brassic skint tbh) giving you more money will help :confused:

    Because they are SCUM elly... Total SCUM... Treat them with the contempt they deserve!!! These people make a living from other people's misery... Their tactics are disgusting, and often illegal. Personally, I'd slam the door in their face, after telling them that you are going to be taking legal advice as to what rights of recourse you have against them... Then follow it up... ASAP...

    Hope this helps... Keep positive and you WILL stay in control...

    :D
    Total Debt at LBM 30/05/2007: £28,720... I... Am... Calm...

    Trying to repay my biggest debt first... the one to you lot!! :A

    543... It seems I AM just a number... despite my protestations to the contrary!! ;)

    Resolutions: 1, no food from 'Convenience' places during the day. 2, No Phone bill over £35 limit... EVER. 3, Fess up to Dad (Achieved). 4, No More Digressing! 5, Put expenses in regularly. (Achieved). 6, From now, I only pay cash. (Achieved). 7, Claim back my bank charges!
    Unnecessary Challenge Week 2: £2.11/£10.00... kinda
    "Proud to be dealing with my debt!"... And going insane while I'm at it, clearly!
  • elly2
    elly2 Posts: 556 Forumite
    Part of the Furniture Combo Breaker
    thank you all and firmi thx for the link it has put my mind at rest and also made me realise i hate living like this (although i already knew that) but i have to start tackling the debts(is this what is called my lightbulb moment) i'm going to do a soa as soon as possible
  • Shineyhappy
    Shineyhappy Posts: 1,933 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    elly2 wrote: »
    thank you all and firmi thx for the link it has put my mind at rest and also made me realise i hate living like this (although i already knew that) but i have to start tackling the debts(is this what is called my lightbulb moment) i'm going to do a soa as soon as possible

    :T

    I think you maybe having your LBM. Hopefully we will be able to help you shave some money of your SOA and make sure you check out the freebie board for a few little treats.

    Things will get better from now!
    Debt Free - done
    Mortgage Free - done
    Building up the pension pot
  • RAS
    RAS Posts: 36,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Welcome

    glad to see ythat you have been given good advice. Please do not sign up to any loan that this company offers. The interest rate will be dire.

    Please get to CAB/CCCS or payplan for hlep ASAP.
    If you've have not made a mistake, you've made nothing
  • PanickingHARD
    PanickingHARD Posts: 100 Forumite
    elly2 wrote: »
    thank you all and firmi thx for the link it has put my mind at rest and also made me realise i hate living like this (although i already knew that) but i have to start tackling the debts(is this what is called my lightbulb moment) i'm going to do a soa as soon as possible

    BRILLIANT news...

    It's hard... It really is... There is no point in telling you it's not... but this is the begining of you turning your life around...

    Just at a guess... I'd suggest that money (or the lack of it) is one of the largest things in your life and dominates a lot of your thoughts and worries, just like it did/does/was mine... Doesn't it seem silly to know and understand SOOOO little about such a HUGE part of your life? I was USELESS at this stuff only 7 days ago... But I've realised that the companies and creditors you owe money too have power over you ONLY because they no more about this than you do... As soon as you take control, they lose the upper hand... As far as I can see... The only thing that ever causes these problems, at the very root, is fear... Fear of having to admit that you are in trouble... Fear of speaking to someone, whoever it is and asking for help... just by being on here and saying what you have, you have already done the hard part... Made that step into realising that you CANNOT run away from it...

    Get positive, get organised (no matter how hard it seems) and get posting on here... But most of all BE TOTALLY honest... with yourself, then with us... I wrote 3 SoA's in draft before I posted.. I got gradually more truthful as I went.. then finally thought, you know what... !!!!!! it... I'll just blurt it all out... There is no reason to be embarrassed (just take a look at the state I am in!!)... This is probably the only place that you can tell the ABSOLUTE truth about your money problems, get it all off your chest, and no one, not a single person will be anything other than supportive...

    I've been at this for 5 days now, and look at me!!! I was sounding suicidal when I read my first posts... Now, I feel better, inside and out, than I have in YEARS!!!

    I, and everyone else, looks forward to your SoA...

    To coin a VERY cheesy phrase, Together, WE ARE STRONG...

    x
    Total Debt at LBM 30/05/2007: £28,720... I... Am... Calm...

    Trying to repay my biggest debt first... the one to you lot!! :A

    543... It seems I AM just a number... despite my protestations to the contrary!! ;)

    Resolutions: 1, no food from 'Convenience' places during the day. 2, No Phone bill over £35 limit... EVER. 3, Fess up to Dad (Achieved). 4, No More Digressing! 5, Put expenses in regularly. (Achieved). 6, From now, I only pay cash. (Achieved). 7, Claim back my bank charges!
    Unnecessary Challenge Week 2: £2.11/£10.00... kinda
    "Proud to be dealing with my debt!"... And going insane while I'm at it, clearly!
  • elly2
    elly2 Posts: 556 Forumite
    Part of the Furniture Combo Breaker
    Update.. s/he didn't show up dont know why will ring them today and see what is going to happen now today i am going to start on my soa
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