Debt Collectors allowed to force entry?

CLAPTON

before she can make any significant progress a clear yes/no answer is required to the questions

a. if she alleging fraud and willing to make a police complaint.... yes/no

or
b. if she willing to accept responsibility to the CC company for the debt (even though she can still persue ex for the money in the small claims court.

leosayer39

Hi jimbojet

How old is the debt?

Leo

Ivan_Konstantinov

jimbojet wrote: »

And please answer this - can the two massive gorillas standing outside her house force their way in??? She is petrified.

Please answer as I need to let her know - she is in the house hiding

Cheers

have they gone home yet?

hazysunshine

Hiya

She sent an email to them saying that she did not know of the company in question and to put the matter on hold whilst she investigated. The mistake was giving them her phone number as now they are harrassing her - scare tactics etc (ie we will serve bankruptacy papers on you etc).

She's really scared and wants to pay these sharks off to get rid of them, but I say we should try and force them to prove the have rights to the debt.

My girlfriend knows she probably has to pay, as she knowingly bought the goods for her ex, and he agreed to pay it off each month. However, after they split, she moved and for whatever reason she did not see that the card wasnt being paid each month.

But like I said, we want to get this company to prove the debt isnt statute barred, and also if they in fact do have the right to any money. I for one want to see how it has toppled over the £2000 mark.

So this is what I want to know

1 - Shall we send off the letter template ive seen, to get them to provide written proof of the debt within 14 days

2 - Shall we Ignore all phone calls from them

3 - This is the hard one - what do I say to them if they are outside the house??? They will try anything to get in and take stuff - but I want to tell them to f%$k off and to only get in touch by writing. I know this is easy for everyone to say - but if there are 2 guys in front of me threatening me - its gonna be hard to quote the law at them :mad:

4 - Also - My girlf has looked at her credit files adn never seen this debt on any of them??? Is this normal for something to spring up after 5 1/2 years???

please help!!!

relay wrote: »

And did she respond 'within' 7 days or not?

hazysunshine

They left after 2 hours of trying the doorbell - my girlf hid inside - I cant believe 'companies' like this exist!!!

Ivan_Konstantinov wrote: »

have they gone home yet?

hazysunshine

Hiya

5.5 years she thinks - although I dont know when the 'debt' starts? Is it when the first payment was missed? Or when Barclaycard sold it on???

Cheers

leosayer39 wrote: »

Hi jimbojet

How old is the debt?

Leo

hazysunshine

Hello

a - Not alleging fraud as she knew of the purchase at the time. She didnt know that he stopped paying the mimimum each month, as she didnt recieve the statements as she moved (bad break up, no talking after etc)

b - Yes willing to accept debt, but wants to find out a breakdown of it. She will pay the debt off, but wants it to be proved first!!! ie this company could be adding £1000 to the original debt and we'd never know!!! They want to bully and scare her into paying, which is so wrong on so many levels.

Thank you Clapton

CLAPTON wrote: »

before she can make any significant progress a clear yes/no answer is required to the questions

a. if she alleging fraud and willing to make a police complaint.... yes/no

or
b. if she willing to accept responsibility to the CC company for the debt (even though she can still persue ex for the money in the small claims court.

CannyJock

Being scary and bullying is par for the course for these guys.

All you can do is know your rights and be assertive with them. If your gf has a neighbour she can call on at almost no notice to come round and be a witness to any confrontations you'll have a better chance of turning them away.

Like others say, call the police at the first sign of any problems.

If I were you I'd write to the agency and inform them that matters are being put into proper order and that you are awaiting details from the cc company.

The extra amount can be their charges. I've a cousin who was pursued for a previous tennants utility bill on a commercial property he used, and I've had letters from a collection agency for a neighbour's council tax arrears! I got a letter of apology and my cousin got the gorilla's off his back, but it took a few letters before they got the message.

hazysunshine

Excellent thanks for the help!!

Right here's what Im going to do -

1 - Use the letter template and firstly deny the debt and demand they send me copies of the agreement, and enclose a £1 fee for the copy of the agreement, and state that this is NOT to be used as payment for the 'debt', only for the copy of the agreement, etc

2 - Insist all communication must be done in writing

3 - Give them 14 days to reply, if I have not heard anything, send a second letter, from the examples above

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

4 - (lifted from above) If they do telephone, tell them that I am waiting for a response to my letter, and I will NOT discuss the matter with them UNTIL I have received the information which I have requested, and to which I am LEGALLY entitled. State that any further telephone calls will be considered as harassment, contrary to section 40 (1) of The Administration of Justice Act 1970 and will be reported to the relevant statutory bodies.


OK thats my 4 step plan to get these guys off my girlf's back - is it OK??

Anything to add/delete/amend etc?


Thanks everyone!

CannyJock wrote: »

Being scary and bullying is par for the course for these guys.

All you can do is know your rights and be assertive with them. If your gf has a neighbour she can call on at almost no notice to come round and be a witness to any confrontations you'll have a better chance of turning them away.

Like others say, call the police at the first sign of any problems.

If I were you I'd write to the agency and inform them that matters are being put into proper order and that you are awaiting details from the cc company.

The extra amount can be their charges. I've a cousin who was pursued for a previous tennants utility bill on a commercial property he used, and I've had letters from a collection agency for a neighbour's council tax arrears! I got a letter of apology and my cousin got the gorilla's off his back, but it took a few letters before they got the message.

CannyJock

Think next time anyone has a similiar problem we'll just direct them to you

Looks like you've done the homework needed - sounds like a good plan to me. Good luck with the battle ahead.