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smassey

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Everything posted by smassey

  1. Hi Hharris, I can't answer all of your questions, but regarding "sending the bailiffs in on Monday and forcing entry...." - That's a scare tactic I'm fairly sure on. BH can send bailiffs to your home, but they have no right to enter (unless i believe if they are able to obtain entry without using force, i.e. if you are not home, but you left the door unlocked, or a window open). They can visit you, act all scary, but they have no right to enter your home. There is a process within the legal system which deals with this type of collection. In order for BH to be able to forcibly enter your home to collect, they first have to go to the County Courts. If they do, then you will receive notification from the Courts of this action. It's upto the Courts to decide on the next course of action, if they decide that you do in fact owe money, and that you are not to be trusted to repay, then they will issue you a CCJ, they then can decide to send the "County Courts Bailiffs" round to your home - but for this action to occur, they will give you 7 days notice, so you can make reasonable steps to full the debt in full. The County Court Bailiffs do have powers to enter your home (they will generally be accompanied by the police). Normal Bailiffs working for a company do not have the power to forcibly enter your house, they are just to intimidate and try to collect. For BH to go to the courts, it's a much lengthier process than just deciding to do it, and the Bailiffs appearing. As for "I can call you when ever i want". Just checked and that's pretty much not true, and in fact i want say the caller is breaching the Office of Fair Trading Debt Collection Advice. ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- I would turn this on it's head, and start talking back to this caller with informed information. Specifically; ---------------------------------------------------------------------- My only experience on this has been from Credit Card companies and Loan companies, so unless BH are deemed by another set of laws (which i doubt), BH (and more specifically this one individual) are acting pretty close if not actual harassment - and are simply trying to scare you using very under hand tactics. Search google for National DebtLine England and specifically "harassment". I certainly wouldn't be getting ill over this one very nasty individual - and remember YOU have their personal mobile phone number as well. Edit to say, the one thing you have to do, is if you answer to this person's call, talk in a VERY calm and measured tone. Do not get upset as that is their goal. State you're intentions of what you will proceed on, mention the OFT and the Debt Collection Guidelines and specifically harassment, stating that you will be going to their head office, and sending all information to the OFT as well.
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