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DCA's , Customer Collections, Bailiffs, rights and stuff...


redordead
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Right, I have a few debts outstanding with various people...

 

I'm going to CCA them all but that I need to know is can they actually send bailiffs round to enter my premises if they're not CCJ's ??? Companies are Wescott, Scotcall, Ruthbridge, NCO & Commercial Credit Services..

 

I'm willing to enter arrangements with them all to pay off the debts but am going to CCA them to delay them for now. Debts are for BT, Orange, Citicard and other stuff...

 

Do they ever send people round to your house ? The reason I say this is I live with someone and don't want them to know about my debts.

 

thanks

 

red

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Scotcall people are ex army types, they have NO legal powers and I think they can't send bailiffs round without a warrant of some type. Somebody else will be along to give more advice later on. There is a letter you can send which tells them if anyone does come round you will call the police as you have revoked your rights to them in this aspect. Also don't forget the telephone harrassment letter if they start phoning.

 

If they are threatening to send bailiffs round take the letters to Trading Standards as they are in breach of the OFT guidelines on debt collection, they are misrepresenting their powers.

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They can only send around bailiffs after pursuing the debt through the courts and obtaining an order or warrant on the debt. at this point there is little you can do but negotiate to limit any financial damage, mostly they're reasonable enough people who have seen both sides of the game and HAVE AUTHORITY!!

 

What the DCAs can and often do is send around one of their doorstep callers, these people often claim to be legally entitled to steal your soul and anything else you may possess.

 

What they are, are people who have all the powers of enforcement of an ice cream man, you are legally entitled to tell them to sling their hook and if they refuse or become aggressive, call the police as you would for any other trespasser. Do not let them into your premises, you don't have to talk to them, or even acknowledge their existence

 

:cool:

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First thing to do is to get the CCA letter off to the lot of them. That will establish if they have a legal right to chase you for the alleged debt.

 

As has been said they have ABSOLUTELY NO LEGAL RIGHTS to visit you. Send them the following letter if they suggest calling. Any person who calls at your door without your express permission can be told to leave. The manner and language of the telling is up to you. Should they refuse to leave I suggest you ring your local Constabulary up and report a Breach of the Police and request Police attendance. Take a note of any vehicle the caller may be driving and if possible a photgraph.

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people 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.).

 

Please 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 without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

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They can only send around bailiffs after pursuing the debt through the courts and obtaining an order or warrant on the debt. at this point there is little you can do but negotiate to limit any financial damage, mostly they're reasonable enough people who have seen both sides of the game and HAVE AUTHORITY!!

 

:cool:

 

Most bailiffs aren't interested in taking your stuff, what they are there for is to get their hands on cold hard cash unless they are there to repossess an item that's subject to an HP agreement for instance, even then they need an order from the court to do so.

 

Bailiffs have very few powers to enter premises by force. They can only force entry after they had gained peacefull entry on an earlier visit and levied distress and only if they are being prevented from entering by the debtor. It's worth noting that a bailiff opening an unlocked door or window could be classed as gaining peacefull entry so if you're expecting a visit make sure everything is locked! Business premises are a different matter though.

 

Bailiffs collecting fines imposed by the magistrates or Crown Courts do have the power to force entry where it is reasonably required.

 

The 'cannon fodder' caller sent by a DCA has no right of entry at all.

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I know a number of certified bailiffs who have lost their licences over the years for "doorstepping" placing the foot across the threshold through the gap in the door and claiming they had already gained access. one had the "misfortune" of doorstepping a guy who had the whole front door on CCTV. Lost his job and the company with the order ended up in court

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