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Debt collection questions

Can anyone advise at what point a debt collection company will add on their fees? 
For example, do they add them on immediately so any letters we receive will say that we are being pursued for the original debt plus their fees or does the original claimant (a builder) have to send a pre-action letter first?
If it goes to court and the judgement is in favour of the builder, do we have to pay the fees of the debt collection company?  I've read that you only have to cover the court and issue fees and, of course, the original debt.
Also, bearing in mind GDPR does the builder have the right to pass our details on to a third party?

Comments

  • Ebe_Scrooge
    Ebe_Scrooge Posts: 7,320 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 30 July 2020 at 3:34PM
    Very broadly speaking yes, you will pay the debt-collectors' fees.  This link might be of some help : https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/
    But ...... It takes a long time for debt-collectors to actually get involved, and there's a lot of pre-defined procedures that must be followed correctly before a court will authorise the use of bailiffs.  I think we'll need more details of what has gone on in order to provide detailed advice.  But in the meantime, CAB are really helpful (and knowledgeable) in situations like this.

    Just to add - if you're worried about it, a builder can't send the bailiffs round.  He'd have to take you to court, the court would have to be satisfied that you really did owe him money, and that you were still refusing to pay.  In that situation, the court might authorise bailiffs.  But it's a long process - the builder couldn't just arbitrarily send bailiffs round himself.


  • poppellerant
    poppellerant Posts: 1,970 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Possibly related to this thread created by the OP?

  • Lulu58
    Lulu58 Posts: 320 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Possibly related to this thread created by the OP?

    Related in that it's the same project, but the question in the link you have posted was about a tradesman we employed to do some work.  This question is about the main contractor and a different set of circumstances.
  • Lulu58
    Lulu58 Posts: 320 Forumite
    Part of the Furniture 100 Posts Name Dropper

    Thank you for your post and the link, which is helpful. Thanks also for your reassurance that the builder cannot just send someone round and that there is a process to be followed. When I got the email yesterday saying he was going to involve debt collectors I went into headless chicken mode!!
    I'll get in touch with the CAB.
  • Ebe_Scrooge
    Ebe_Scrooge Posts: 7,320 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Lulu58 said:

    Thank you for your post and the link, which is helpful. Thanks also for your reassurance that the builder cannot just send someone round and that there is a process to be followed. When I got the email yesterday saying he was going to involve debt collectors I went into headless chicken mode!!
    I'll get in touch with the CAB.

    Yep, the bottom line is that only a court can send bailiffs round - and that's as a last resort.  CAB is definitely your best bet - I don't think they're open for face-to-face advice at the moment, but you can still email or phone them.
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