Bankruptcy fees...

maxmycardagain

debt_doctor wrote: »

Remember that creditors or debt collectors have NO powers whatsoever, all they can do is ask you to pay.



DD

what about HMRC's own "collection department" as they claim to have instant distress rights..., no court action needed, or is that just bluff?

fermi

http://www.taxaid.org.uk/tax_debt.cfm?secnav=7

Advisable to read through more than just this quote, but:

Legally taking possession of goods (formerly known as distraint) is a process whereby HM Revenue and Customs may take some of your possessions for sale at auction towards settlement of an unpaid tax bill. HM Revenue and Customs has the legal power to do this without any court order.

debt_doctor

Yes Max that is correct, I was talking about general credit debts. A Landlord also has this right in certain circumstances too.

DD

maxmycardagain

He said he was calling to collect £9000, i said id help him look but he shouldnt hold his breath....

found £1.25 down the back of the sofa

debt_doctor

maxmycardagain wrote: »

He said he was calling to collect £9000, i said id help him look but he shouldnt hold his breath....

found £1.25 down the back of the sofa

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

Toon_Dave

maxmycardagain wrote: »

He said he was calling to collect £9000, i said id help him look but he shouldnt hold his breath....

found £1.25 down the back of the sofa

Superb comment MMCA....excellent...i may have to check my sofa now for cash...

Ps...did he take the £1.25!!!...lmao

Dave:rotfl:

Toon_Dave

debt_doctor wrote: »

Remember that creditors or debt collectors have NO powers whatsoever, all they can do is ask you to pay.

The only power lies with the county court who should instruct a payment that you can afford. If you have a low income or are on benefits this could be £ 1.00 per month.

Debt collection agencies will lie to you in writing and especially on the phone, saying things like " we ll send the bailiffs" when they have no powers to do ( Bailiffs are ONLY insructed by the court, at a creditors request, when you have failed to comply with a court judgement.

DD

Hi DD

i recently had a letter from collection company stating that 'as i was aware they had secured a charging order' on my interest in the property..blah blah blah...stating that they would accept a monthly figure i could afford...(if court order wouldnt it have had an amount that i must pay as part of the order??). obviously i was worried initially but then i remembered another letter which claimed the same but had court details and ref etc...

This new letter had nothing on so i rang them to find out which court and a reference no from the court...the lady at the company said 'oh yes we have one. so i aksed for a copy or a court ref etc..she said 'oh, i cant seem to find it at the moment but 'TRUST ME' we have one.....lmao...i said to her well i'll await the letter telling me that then....

Two weeks later...still waiting for it, and no contact from then since...they had been ringing 3,4,5 times per day..

I'm in no doubt that i owe the debt for an unsecured loan but nothing that is 'charged' onto the house.

Some companies do try these scare tactics and it did worry me for a while but not any more....i will update if/when?? i get the letter and ref.

i think under the OFT rules and regs you can quote certain statements on the companies regarding using incorrect methods etc and they can lose there consumer credit license....think thats what its called...(i've done so much research recently - this law and that law blur into one after a while).

Dave.

fermi

Toon_Dave wrote: »

i think under the OFT rules and regs you can quote certain statements on the companies regarding using incorrect methods etc and they can lose there consumer credit license....think thats what its called...(i've done so much research recently - this law and that law blur into one after a while).

I think you mean this: OFT - Debt collection guidance (pdf 117 kb)

They have probably broken more than one piece of guidance, but the most relevant is:

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. .......................
............................

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained.

Toon_Dave

fermi wrote: »

I think you mean this: OFT - Debt collection guidance (pdf 117 kb)

They have probably broken more than one piece of guidance, but the most relevant is:

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. .......................
............................

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained.

Thanks Fermi,

i knew it was something like that...cheers.

Dave.

tigerfeet2006

tireesix wrote: »

Aye, that will help some of it, its just the £300 thats left lol.... I keep thinking I might just be able to manage it but now I think I should just give up. Its simply not going to happen at least for a while. I have enough to worry about with the new baby, my health problems, housing problems etc without trying to find money for a bankruptcy where so little money exists. Its pointless stressing myself out about this.

I am really hacked off about it, why charge so bloody much? If it takes some people at least 3 months to save up for it surely thats a sign they are charging too much??? And thats with over £100 of the charges already knocked off.....

I admit, the debts are mostly my fault, I have been stupid, I feel like a complete idiot but I want to make it better (and actually, NONE of this would have happened if the DWP hadn't totally messed up our claim when I was pregnant, its a long story, we got some money back but by this point, that went on some debts but also on things that we needed for the flat etc and I stupidly spent some on unnecessary things anyway)............

I just want to fix what went wrong and now I am at a point where I want to do it, I feel comfortable with doing it, I find this barrier in the way that for me, is absolutely huge.......

Could you afford to put £5-10 pounds a week away in a credit union or saving account for a while. Maybe have a look at the 'make £10 a day challange' on the DFW board as well, also the 'sealed pot challange'.