Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I received a letter out of the blue a couple of days ago in my maiden name from Merits something collection agency. It said the pursuer was Lowells Group with no indication of who/what the debt was for. I have lived at my current address for two yrs with no letters like these. I have been married for 5 years and do not use my maiden name. I wrote on the letter that I do not know who this person was and any more contact the letters will be put back in the post box. I am currently expecting a baby and do not need this stress. They said they would send a colelctions agent if i dont pay up by the 19th which is this week!!!! I know i had a student overdraft years ago about the year 2000-2004 and some money was paid back but when I moved letters and such were lost and had no contact to make payments etc. Please help me im at my wits end!!
Dont worry, they cant do anything without a court order! however they got your current address from somewhere.
These things sometimes go away but some dont; how much is the debt?
Its up to you if you acknowledge that it is you, then at least you can start asking questions to see if its valid or not.
THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF A DEBT.
With reference to this alleged debt, I would appreciate it if you would at least provide some details, namely in the form of a copy of a credit agreement or other contract that shows that it is a contract that I entered into. So far you have only stated that an amount of money is owed to yourselves, but have not provided any proof of this.
I am sure you are aware of the maxim "he who accuses must prove". As such, I would appreciate your explanations.
Please also note that the OFT Guidance at paragraph 2.12 states it is unfair for you to send a debt collector without my prior permission, and is also unfair for such a person to leave my premesis when asked.
The common law presumption of entitlement to enter a premesis is hereby revoked, and anyone from your organsiation, or other person acting in relation to this alleged debt who enters or attempts to enter my property shall be removed immediately and I shall seek police attendance. I shall also be entitled to claim damages from your under the tort of trespass.
I am x months pregnant and, as you can appreciate, do not require stress in my life at this moment. Further, as this alleged debt is disputed and due to my being pregnant, I consider your actions are detrimental to my health, and any further demands made without providing proof could constitute a criminal offence under section 1 of the Administration of Justice Act. I will have no hesitation in reporting such matters to Trading Standards and also the Office of Fair Trading. You are also again reminded of the OFT guidance in this area.
I trust the above is made clear and that you will provide details of what it is you allege, but please be assured that any action taken by yourselves which causes me distress shall be responded to vigorously.
Yours etc....
I would send that off to them. you could of course do a statutory CCA request for a payment of £1, but I see no need of it yet. If their next response is not providing proof, or just involves enforcement action then contact Trading Standards or the CAB straight away explaining that you are due to give birth.
And if a debt collector does call round, simply say nothing else except "Please move off my property or I will call the police" Say absolutely nothing else whatsoever - do not respond to any questions or rise to any bait. If after two goes they do not go, then call the police (dont tell them that he is a debt collector) explaining that you are scared and threatened and also pregnant.
its for about £946 , it says on the letter. Im still not sure what the letter was for though because it didnt actually say.
Would they really send someone around my home?
These people specialise in threatening, threatening, threatening to try and force people in paying monies which are often uncollectable or not owed to them.
Shame you didn't come here before replying to them, we could have told you to just ignore them. They're on a fishing expedition. They got the address through trawling through CRAs, probably and they are trying to find out if you are the right person to hound. Now you have replied though. they'll keep on hounding...
Whatever letter you send, do NOT leave a phone number or they'll start calling as well.
IMO, the next letter should be something on the lines of: "I have told you no-one of this name lives here, this concludes our correspondence, so sue me or sod off, I won't reply to you anymore." (or words to that effect, lol)
Then watch as over time, they will send you more letters seemingly threatening you with court, then disappear for months then reappear under a different name as the alleged debt goes on the merry go-round of bottom feeders DCA, all more desperate one than the other to try and get crumbs of that money until it becomes statute-barred (if it isn't already, depending on when you had last made payment.)
If they were to turn up, (highly unlikely as I said, costs too much), refuse to let him in, shut the door,tell him he is trespassing and you want him off your property, and give him 30 seconds to leave or you'll call the police. If he doesn't leave, call the police. Don't engage in conversation.
Apologies to people who I was in the process of helping, I may be gone some time.
Thank you all very much for your posts. I did not sign the letter they sent back on which I wrote noone with that name lives here at this address and anymore mail will be put back in the post box. No name was written. If they do continue to write I will certainly bin them.
Not bin unopened, do open them and file away. You never know when it might come in useful, should you at some point decide to take action and file a complaint if they become too abtrusive, for example. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
please please help me
years ago about the year 2000-2004 and some money was paid back but when I moved letters and such were lost and had no contact to make payments etc. Please help me im at my wits end!!
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