Debt Collector Visiting

[PainInTheNeck]

Hi

Can someone please confirm the following.

 

I have received a debt notification letter threatening to take me to court,

They also say:

 

IF YOU IGNORE THE INSTRUCTIONS AND FAIL TO TAKE ACTION BY: DATE

 

This may results in the following:

 

1, Legal proceedings being automatically issued against you in the county court/sheriff's court - which could results in:

 

A county court judgement or decree against you.

Your possessions being seized

Your debt increasing because of court costs

 

2, A debt collector being instructed to visit your home and collect the debt personally.

 

Now i thought is was illegal to send/or threaten to send someone to your house to collect a debt. - Am i right or wrong, if right what can i do about it.

 

I'm not disupting the debt i owe, what i am disupting is the fact that this was a business hp agreement, and in the agreement it stated that if either party was unable to continue making payment, the contract would be terminated, i've been trying to get the contract terminated since July last year and everytime i have contacted the finance company, they have just been fodding me off.

 

So i want this case to go to court, i told them that last Oct, but they said there was no need for that.

 

Cheers

[ScarletPimpernel]

It's not illegal either to threaten a visit, or to make one. It is against the OFT Guidance on Debt Collection for a collector to pitch up without an appointment, or to fail to leave at once if asked to do so. However, the OFT's guidance applies to consumer debt, not business debt. Even so, if anyone turns up, just tell them to leave, and call the police if they don't go.

 

In reality, it's likely to be an empty threat, designed to get you to contact the DCA. DCAs have no legal powers whatever; all their drivel about 'instructions' is simply intended to make you think they are in charge.

[PainInTheNeck]

Hi ScarletPimpernel

 

Thanks for the reply, when they take me to court, will i get a letter from the court as to the date and time, as i want to turn up in person as i have a few things i want to say.

 

Thanks

PainInTheNeck

[slick132]

Hi PITN,

 

If any court proceedings are issued against you, you'll get proper notice from the court and an opportunity to acknowledge the debt, deny it in full or part, or counterclaim against the claimant.

 

Assuming, of course, the claimant has your current address.

[dx100uk]

p.s who is it?

 

you are a very very long way away from court and a bailliff! They 'the DCA' certainly CANNOT send anyone to seize asests or goods. they have NO LEGAL POWERS!

 

it appears to me, from what you are saying, that the alleged debt is in dispute?

have you formerly written to the original creditor telling them you dispute something to do with the A/C?

 

if so, then the DCA have no business dealing with it & need to pass it back to the original creditor.

 

more info please?

 

dx

[MARTIN3030]

Yes can you provide more info.

 

1.Who is the firm of debt collectors (dont name individual collectors)

 

2.What figures are they asking for/how much do you agree with ?

 

3.What have you done in the past to try and sort this ?

4.The dates of the original debt/alleged

 

5.The original creditor ?

 

6.Last contact to/from original creditor.

 

 

7.You say you have been trying to sort it-have you kept copies of any letters ?

 

 

Dont deal further by telephone.

Edited January 8, 2009 by MARTIN3030

[PainInTheNeck]

Hi Everyone

 

The problem i'm having is with Wescot and CIT, i ceased trading on the 23rd May 2008, and have been trying to get CIT to collect the servers i have.

They have a record of every letter i have sent, but for some reason do not seem to want to cancel the agreement, even though it states in the T&C's "DELL may terminate this agreement with immediate written notice if you:

1) fail to pay on time

2) Not revelent

Either party may terminate if the other:

1) not revelent

2) becomes insolvent or is unable to pay debts as they fall due.

 

Well i have failed to pay on time, and unable to pay debts as they fall due.

 

As its a business account, when the agreement is cancelled, i can return the servers and the account is then closed and nothing is left to pay.

 

But this is just dragging on, thats why i want to go to court and get the judge to cancel the account.

 

Thanks

[ScarletPimpernel]

Were you trading as a sole trader or a limited company?

[PainInTheNeck]

Hi ScarletPimpernel

 

I was a sole trader

 

Thanks

[PainInTheNeck]

Hi ScarletPimpernel

 

The last response i got from CIT was: "Simply ceasing to trade is not sufficient evidence"

What evidence would someone need, I have sent all the evidence i have.

Thanks