Debt collector threats 15 February 2022 at 11:29AM in Debt-free wannabe 5 replies 192 views

cab132

Hello
My sister is being threated by a debt collector and I am looking for some advice to give her. 
They have emailed her about a debt that her ex-husband owes on an old business that she was a part of, they are saving that if she doesnt pay around £400 a month then they will enter a restriction on the title deed of her property. She has told them that she can only afford £20 a month but they are saying that because it isnt the £400 they want then they will have to have a restriction over her property due to their company policy. 
Am I right in thinking they cannot do this if she does not consent to the restriction? 

Any help would be v much appreciated! They have said she has until the 22nd Feb before they do this. 
Thank you!

emmajones1976

Two simple questions.

Whose name is the debt in (hers, her ex husband, or both?)
Whose name is the house in question in (hers, her ex husband, or both?)

cab132

emmajones1976 said:

Two simple questions.

Whose name is the debt in (hers, her ex husband, or both?)
Whose name is the house in question in (hers, her ex husband, or both?)

Hello

The debt was in his name, but they claim she signed a personal guarantee before she left the company.
The house is in her name and her new partners. 

thanks

TripleH

I would ask for documented evidence of this personal guarantee as a next step.

It could be genuine and she forgot about it, but likewise it could be her ex has gone awol, they found her details and pick her as the easier target or the ex has done a naughty and signed on her behalf.

Don't throw accusations or challenges at this point, quick request for evidence should suffice, claiming 'you don't recall such paperwork, can you have a copy please?'

Chris_English

cab132 said:

emmajones1976 said:

Two simple questions.

Whose name is the debt in (hers, her ex husband, or both?)
Whose name is the house in question in (hers, her ex husband, or both?)

Hello

The debt was in his name, but they claim she signed a personal guarantee before she left the company.
The house is in her name and her new partners. 

thanks

Did she sign it?

sourcrates

Hi there,

Can we just have some clarity here, has any legal action been taken as yet ?

if not then debt collectors just collect debts, they don`t usually own them, so cannot do anything other than try to persuade you to pay.

Who actually owns this debt, the original company it was owed too, or have they sold it to someone else, who is the collector now chasing you, are they referring to "their client" or have they bought the debt ?

Its quite important because if this company are just acting as collectors, then this is all hot air, if, on the other hand they own the debt, that is different.

There time scale is bogus though, an old DCA trick and designed to get you to contact them quickly, in order for a creditor to obtain a restriction, other than a voluntary one, which as the house is jointly owned, is all it would be, they must first follow the civil procedure rules by sending you a "letter before action" this is a questionnaire type document with a 30 day return window, and is designed so that the two parties can make an amicable agreement, without the need to go to court, so it can be avoided at this first stage.

If they don`t accept your offer, and go to court and obtain a CCJ, only then can they obtain a restriction, so its not a quick process.

A restriction is not a big deal unless you are planning on selling your house.

It sounds to me, by what you have written, they are making a half hearted attempt to bluff you, and hoping you are as unaware of the civil procedure rules as they appear to be, olde skool threat tactics.......nice.

Don`t let these fools worry you, they are obviously not very good at what they do, a first response to anyone asking you for money, is to send the "provit letter" to them, and see what comes back, if they can`t provide evidence of your liability, then there case is dead in the water.

Letter can be found here -

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum