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Going into wages to get debt!


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Hello and welcome

 

Your friend needs to CCA the company to see if they can indeed collect this debt.

 

I am not sure about them being able to contact his employers,but I don't think that they can

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Is he able to offer repayment to them ? is he paying them at the moment ? what is the debt for ? is he disputing any excessive charges ?

 

they can attempt to contact ONLY him at work....but they CAN NOT talk to anyone else about this. As Mrsc said send out a CCA request to them... send letter N here....if they are being unreasonable

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Send it with a £1 postal order by GUARANTEED delivery (keep the receipt), DO NOT HAND SIGN THE LETTER. Write at the top in big letters - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

To counter the threat of any attempt of contact at work then also write at the bottom in BIG LETTERS - PLEASE NOTE I AM ONLY WILLING TO CORRESPOND IN WRITING - ANY ATTEMPT AT CALLING ME EITHER AT WORK OR AT HOME OR ON MY MOBILE WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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They can only take wages with a court order... if they try without it there will be trouble ahead for them. They might try to dupe the payroll department into paying up but without the correct paperwork they shouldn't go ahead.

 

CCA them and see what paperwork they have.

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my friend has said that the debt collection agency has threatened to contact his work and take the £600 he owes them - surely this is not right?!

 

They would need to have obtained a CCJ and then have applied for an attachment of earning order due to non payment of the CCJ.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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What kind of debt is it?

 

A relative few types of debt... i.e. tax debts, child support, various fines... could be subject to an attachment of earnings without a CCJ but this is very rare. In 95% of cases, Rory's advice is correct.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Also, if they discuss the debt with anyone else i.e. employers without express permission, they breach the data protection act and the OFT guidelines on debt collection. i would advise your friend to contact TS/Consumer Direct tomorrow morning to get assistance with this. Which DCA is it?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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