Debt Collector sitting outside my home

phil-99

VEE wrote:

I currently have a debt collector outside and to be honest i just don't know what to do.

The first thing to remember, is that without a court order, they can't do diddly squat. You keep the doors, windows and entrances closed and they can not force entrance. You leave a door/window open, I believe they can make entrance that way as it's not making forcible entry.

I would then demand proof of ID and a company name and contact the company involved to find out who they are and what they want. You may be able to negotiate something over the phone rather than deal with someone banging down your door.

Good luck, hope it works out for you Vee.

phil-99

jen_jen wrote:

gosh you lot are quick typers

I thought I was being really quick with my reply too... bah!

jen_jen_2

and just to be argumentative Phil99 sometimes things can be repossesed without court order but you are correct ask for proof and id

phil-99

jen_jen wrote:

and just to be argumentative Phil99 sometimes things can be repossesed without court order but you are correct ask for proof and id

A debt collector has no power, surely? A bailiff does, but not a DC... ?
http://www.abacusfinance.co.uk/Dealing-with-bailiffs.htm

jen_jen_2

will check this tommorow but pretty sure no bailiff needed as the car doesnt belong to OP, the collector is just recovering goods on behalf of the company as no court order needed no bailiff needed.

its in the terms of a hire purchase agreement only that if less than one third paid for they can reposses the car if default on payments

tinalives

Well personally I wouldn't deal with anyone on my doorstep anyway - I think that if I were in that situation I would rather wait for it to go to court and deal with it that way - in broad daylight !

VEE_2

Thanks very much for all of your help. I kinda thought they needed a court order but sometimes things dont apply in Scotland and the debt collector on the phone said he didnt need a court order and i had to give him the keys. I don't want to deal with him in person as to be honest im not the strongest person, face to face especially.
Thing is Capital Bank wont even speak to me so i might not have much choice.
Thanks again for everyone's words of advice.

jen_jen_2

OP has definately done the right thing i would have sent him away too.

phil 99 see here http://www.multikulti.org.uk/en/debt/how-to-deal-with-hire-purchase-debt/

a hire purchase agreement has different rules to other credit agreements, if OP had got a loan from the bank and then bought the car with the cash it could not be repossesed without going to court.

kaznelson

The Office of Fair Trading lay down Guidelines to Debt Collection. I would contact your local branch ASAP as this could be concluded to be harrasment. I agree that you should also contact your local CAB office.

I guess hes waiting to see if you feel the pressure and pay up.

Once the debt has been passed to a Debt Collector you need to make the arrangment directly with them.

phil-99

jen_jen wrote:

phil 99 see here http://www.multikulti.org.uk/en/debt/how-to-deal-with-hire-purchase-debt/

'Even if you have not paid more than a third of the agreement, the creditor will need an order from the court to remove the goods from "any premises" they are on.'

So we're both right, kinda.... right?