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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I normally pay £19 a week to brighthouse. I missed last weeks payment so I was planning on paying my £19 (from last week) £19 (this week) + £6 (late fees as I have two contracts) = £44 yesterday. However, I am unable to pay it as I am really struggling just now. I am sitting here scared to open my curtains as I know they are going to be at my door any minute. I know this as this has happened before and it's normally around 11'oclock they come. I don't know what to say to them when they come to the door. I can't even pretend that i'm not in as I have a 3 year old that shouts " theres someone at the door" everytime the door goes. Please can someone advise me what to say to them?
Thanks in advance
tell them to go away they have no right to come to your house don't open the door to them if the start getting nasty tell them you will call the police if they don't leave this is only my opinion but I'm sure others will tell you the same
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
Thanks for replying. They haven't showed today but, I am sure they will be along at some point this week. Should I phone them and say I will be able to pay it on Monday (which I will be able to)?
I wouldn't recommend phoning them as they're likely to talk down to you and make you feel worse. If you want to put your mind at rest that you have contacted them, you should put it in writing and send it today or tomorrow.
Even if they have been to your house before, you are a £19 a week customer. Believe me when I say that there are more customers at your branch who owe a lot more than you do, therefore you are fairly well down the list of doors to knock.
However, unless you have a particularly bad time with the staff at your branch, I would suggest that you DO keep in communication with them, and if you think you can be there to pay on a certain day, tell them and do your best to be there. But if things change tell them again.
They can't then turn around and accuse you of not keeping them informed. I won't lie to you,they will try and make you feel bad, but distance yourself from it, be strong and stick to your guns. If you haven't got the money, how can you pay it. They can't barge into your home and reposess the items, even if they get a judgement at court. It's a much longer process than they would have you believe.
The advice eralier about not allowingthem into your home was spot on and if they persist then you are perfectly within your rights to call the police.
If the problem persists with home visits, then there is a letter you can send to stop this, and having a young child in the home will only re-inforce this with the authorities, menaing if they then persist, they will be in deep doodoo.
PJ
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
This is the letter you need to stop home visits - if they turn up, give them a copy, slam the door and if they persist, call the police (not 999 though):
Dear Sir/Madam
Account Ref xxxx
Please be advised that I will only communicate with you in writing.
Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
To be honest, anyone who turns up at the door will simply be Brighthouse store staff. That's it - they are not even debt collectors (as such) and as said above they are definitely NOT bailiffs.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Thank you everyone for your replies. I will give them a call today when they open and explain that I will be in on Monday. Like PJ said, they will probably say thats not good enough but it's the best I can do. Thanks again xx
Good morning, and I hope the advice has relaxed you a bit more.
Thanks to Clemma for finding out that letter, get it sent ASAP, as it will take a week to act upon at least.
Good point from Clemma with regard calling the police, DO NOT call 999, you will just be making a nuisance of yourself, and probably risking diverting the police from a more serious emergency. But try and find the non-emergency number for your local police and either write it down next to the phone or program it into your contacts.
Send 2 of those letters above, 1 to Head Office and 1 to the branch. Send the Head Office one recorded delivery too.
PJ
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
plumerjon There have been a few changes recently with regards to accounts The A.R. is no longer the gauge it used to be . They now have based all bonuses for A.Rs on CARDS (As you know the jargon ,cards stand or agreements) not A.R. so what i am saying is that whether its £3.00 or £30.00 they are treated the same .So its moved from cash percentage to card percentage obviously their thinking if you have low card % then it follows that you will have low arrears so a small card will prompt a visit as if it was a large one .padre
I am familiar with CARD percentage, as it was an old Crazy Georges target.
In my day, money owing was the biggy, especially as there were a lot of stores in the Midlands who had fallen foul of loading too few customers with too much stuff, with £100 a week not being uncommon.
So, which is better, 200 customers going late 7-14 days all with agreements £20 per week or less, or 25 customers going late with £70-£100 a week?
Big problem is, once you go past £50 a week and your late, the amount BH then ask to put you back in front is crippling, meaning there is a greater percentage of big debt that is then more un-retrievable, than smaller debt.
The consequence of this come 90 days, is then very painful on the branch.
So, whether the AR's are targetted personally on CARDS isn't that relevant in the long run. As soon a the debt starts to make an impact on the overall branch past due amount, the manager will put his/her own pressure on the AR's to fight the debt on a highest owing first priority, purely to try and put out fires.
This is the very pressure that then brings out the bully boy tactics, this is what they don't like to boast about, this is where the rules get stretched.
PJ
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
Plumberjon. their have been other changes also. A.Rs are now only responsible for accounts up to 56 days late After that they are passed onto what we call assett recovery managers. ar have also been split with one inside all the time and the other on the field CONSTANTLY .An AR in store is responsible for cards from 1/28 days late he is not targeted on any other aspect of the debt. although he still phones cards up to 56 days late his performance and bonus depends solely on 1/28 days late He himself now tends to forget about assett losses however as you say if they get out of hand who knows what will happen but at the moment this is how they are calling it They have completely restructured the debt process. with about roughly 100 vans taken out of the equation and field accounts people being responsible for more than one shop
Well they have certainly taken some serious cost cutting steps since I was there. Each branch had it's own contract hire transit van although there were noises about sharing vans once.
So where have they recruited these field agents from or have they simply moved them out of store. The tactics they are still using to collect don't sound to have changed so that suggests they are still mainly store staff
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
Plumberjon, The field staff are indeed previous inside staff and unfortunately the cost cutting wan't due to any adverse results as they have just achieved record breaking profits . padre
No I didn't believe for a second they were struggling, so got rid of the vans!
It's a bit like last year when HSBC announced "X" thousand job losses one month and then record profits the next. No wonder really!
PJ
PlumberJon
UNUS VIR OBVIAM ORBIS TERRARUM
Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!
Hi plumberjon. therein lies the problem they are getting stronger and stronger expanding all the time .Their PR machine spouting out all that is good about them DID YOU KNOW THAT 96 % of their customers are either satisfied or very satisfied with them???? THAT THEY SUPPORT C.A.B. HELPING THEM IN TRAINING AND DEVELOPING MONEY ADVISORS and other debt counsellors It goes on and on padre
Hello a newbie here and i am glad i found this forum, i never knew you could do that they have been pestering me cause i wa a few weekes behind , i live in a secured building but they buzz my neighbours pretending to be someone elese and they let them in and then they stand with their foot at my door and it is my flatmate they want not me and they try and discuss it with me cause i signed a form 3 years ago cause i was the tennant on the council house we live in even though i have never had any dealings with them until last week when they showed up at my door and thats after i have told them that he isnt at home.
I wanted to ask, all this advice is usefull, and i apologise if you have covered this on this thread before i couldnt see it, but I wanted to give them the letter as quoted from earlier in this thread, but it stated by English Law, the thing is I live in Scotland and i think that law only applies to England residents.
The good thing is you dont get Bailifs in Scotland but it makes me wonder if they will force their way in anyways., my flatmate is now 4 weeks behind payments.
I am searching the wenb just now to see if there is a Scottish common Law.
Any advice would be useful. thanx in advance.
Originally Posted by clemma
This is the letter you need to stop home visits - if they turn up, give them a copy, slam the door and if they persist, call the police (not 999 though):
Dear Sir/Madam
Account Ref xxxx
Please be advised that I will only communicate with you in writing.
Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
i been looking with no sucess, common law seems to cover UK but i think its called Civil Law in Scotland but the same.
Trespassing is different in Scotland also but it applies to a household
Im sitting here panicking!!!
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I am not an expert, but I can give good advice about Brighthouse
Originally Posted by clemma
