Debt Collector sitting outside my home

VEE_2

Hi,

I wonder if anyone might be able to give me a little advice. I currently have a debt collector outside and to be honest i just don't know what to do.
I have been hanging on for an hour and a half to the national debtline but they are very busy and as of yet no answer.
My car is two months in arrears as i am currently on jobseekers allowance, i have written to the bank to no reply and when i called tonight they said they couldnt deal with me. I now have to deal with a debt collectors but havent had a letter about it.
The debt collector left a piece of paper with this mobile number which i called and he said i had to give him my car keys, i refused to go out and speak to him as he was saying i had to give him my keys and although very polite in truth i am pretty intimidated.
I spoke to him at length and agreed to call him tomorrow after getting legal advice.
He says ive not to move the car and that they will be recovering the car.

I really don't know what to do or where i stand and capital bank wont speak to me. Could anyone offer any advice at all?

Thanks very much

jen_jen_2

is it a debt collector or a bailiff - what is he collecting money for, the car??

loobyloo1980

Is it like a HP finance agreement? If it is and you fall in arrears then I think they can recover your car unfortunately. How long since you took out the finance? How many payments left until it is settled?

My hubby had his car recovered by yes car credit for non payment of his car finance agreement.

However, you should have been notified prior to someone calling to your home that there was a problem with your payments and your account was going to default resulting in recovery.

I had a car agreement with capital bank once and they were fine with me, so keep trying them.

In the meantime find your contract from them and read the small print and see what it says about recovery.

I think you have done the right thing not giving the keys over though, if you have had no info through the post. I wouldn't be so quick to hand it over either in case the person was a conman.

VEE_2

Its a debt collector i think he has been very vague about the details of who etc. Capital bank wouldnt deal with me at all when i called tonight they just said they couldnt speak to me as it had been passed to the man outside. It's a hire purchase agreement in scotland. I got the car in February of this year when i was working then 2 months later became unemployed. I got the default notice and wrote asking for arrangement [no reply]. The citizens advice also wrote to them last week. The car is 2 months in arrears with payments of £232 a month.

itgirlinuk

I am not sure, but can the local Citizens Advice Bureau help? I have been told they can arrange for specialists to help you. So you might be able to get some legal advice.

Hope this helps!

Bossyboots

Although this is a civil matter and without going OTT, I think by now I would have called the police. I would suggest that his continued presence outside your house when you have agreed to call him tomorrow is harassment and if you are feeling intimidated you have every right to call for support.

Do not however let the debt collector into your house, even if the police come out to you.

I would also be contacting the bank again tomorrow to complain at the tactics of the debt collection agency they are using.

tinalives

Just leave him outside - he can't do anything from there.

They aren't allowed to bother you after 9pm.

jen_jen_2

not certain this applies in scotland but hire purchase agreements mean you dont own the car and if you have paid less than one third of the total price the creditor can reposses it without a court order. If you have paid more than a half they cant.

i assume its a 3 or 5 year deal and therefore you havent paid one third, therefore they are entitled to repossess. However past 8 or 9 pm may be considered a little harsh (possibly harrassment) as you have been in contact and tried to arrange payments.

you dont own the car until the final payment and so it belongs to the creditor or in this case the debt collector because the creditor have asked him to collect it. I would insist on paperwork however, he could be a stanger to steal your car as far as you know, Capital bank have not told you its gone to a collector and he need to provide evidence.

good luck, you have done the right thing and need to go back or phone CAB tommorow.

VEE_2

Thanks. I am going to contact the CAB again tomorrow but they wrote to the bank already to no reply either yet.
I am a little scared to be honest but he was very polite on the phone. I wont give him the keys. I'm not going to go out etc. Thanks very much

jen_jen_2

gosh you lot are quick typers

tinalives

LOL!! I think it's nice that there are always people here who want to help.