Urgent reply needed!

[Paul84]

I'm writing on behalf of my sister who has just phoned me and told me that a debt collector has turned up at her house in a plain white van and is demanding furniture to cover a debt. She said she has had no warning from them, and has already made a payment agreement with the original company that she owed the debt to.

 

What can the debt collector legally do? Can he gain entry to remove furniture or has he not got the right? I need someone to get back to me ASAP as the debt collector is sat outside my sisters house now, and she is scared that he may try to gain entry.

 

Thanks

 

Paul

[boavista1952]

Hi Paul,

 

Can you clarify, is it just a debt collector or is it a bailiff following up court action?

[Paul84]

Sorry for the confusion, he said he's from a debt collection agency. According to my sister, it hasn't been to court.

 

Paul

[honey5]

do you know what the debt is for?

this may help you find out what a bailiff can and cant do

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/107376-what-bailiffs-can-cant.html

 

honey x

[boavista1952]

Then she can tell him to go play dixie with his van ..... if he doesn't go after that I'd be inclined to call the police.

 

I'm sure someone with a lot more experience and knowledge will be along to help you shortly ....

 

In the meantime .. tell your sister not to panic and not to talk to them and certainly do not give them any dosh!

 

Boa..

[BeauBrummie]

Hi,

 

No appointment, No Paperwork NO ENTRY,

 

Your sister needs to be firm not even answer the door to him, and ensure that he cannot gain entry other than illegally.

 

Simple as that.

 

BB

[boavista1952]

Would be interested to know which agency he is from ........

[Paul84]

Thanks for your help.

 

Just been around to my sister, she only lives around the corner. After a minute of him hinting that he was a bailiff, it turns out he was just a debt collector. So we told him where to go and to put everything in writing, and that would be the only way that we will deal with them in future.

 

Don't know if that was the best way to deal with it, but he went, so it gives her a bit of breathing space.

 

He wouldn't say which company he was with, and the van was just a plain white one, so we're still none the wiser as to who it was.

 

Thanks for all of your advice.

 

Paul

[rory32]

What can the debt collector legally do?

As has been previously posted, he can legally do absolutely nothing. Even a certified bailiff who has been to court and got a walking possession order, etc can not take furniture to pay a debt. Did you get the registration of the van? If so I would report the matter to the police.

[boavista1952]

You have got watch these people because they are lower than a snakes belly in most cases:D

[honey5]

they obviously think there is a debt owed by your sister, as soon as she finds out/realises who it was with she needs to send the Dca letter N from the templates section

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

 

its basically saying to the DCA "prove that you have a right to collect, by having an enforcable agreement for the debt"

it needs to be sent with a £1 postal order and by recorded delivery

honey x

[rory32]

as soon as she finds out/realises who it was with she needs to send the Dca letter N from the templates section

Creditors and DCAs - Letter Templates & Budget Planner

 

 

It depends on what type of debt it is honey. Not all debts are covered by the Consumer Credit Act.

[Paul84]

Got a bit more info, the debt is council tax from a previous property that she lived in. She didn't know she had an outstanding amount, and when she found out that she did, she phoned to arrange payment.

 

Maybe the debt collector thought he'd just try his luck anyway, who knows? I didn't get his reg number, didn't really think to at the time, I was just focused on getting rid of him.

 

Thanks for all of your advice, you've been a big help.

 

Paul.

[honey5]

if its council tax then that template is no good, and she must make an arrangement to pay, im sure someone that has more knowledge of dealing with these scenarios will be along soon

best of luck with it

honey x