Baliffs etc

[Bendy1-2-1]

Hi,

 

New here, very useful site!

 

I just have a quick question. I've having a lot of hassle from DCA's for the past three years. I've been paying small amounts to all of them. I take full responsibilty for the debt, it was my fault, but I simply can't pay them any more at the moment.

 

What I would like to know is, how often or likely is it that they actually go so far to send baliffs round. I realize its prob more likely for a council tax etc debt but all mine are credit cards and loans etc. They have just been threatening me with all sorts for ages but not actually done anything as of yet (Court or anything. And I know that baliffs are meant to come after Court. ) just send more and more letters, with more red on them.

 

This is really stressing me out, well, to be honest, it's killing me as I feel like I've done all i can do (with cca's and letters from my local authority, CAB, and doctors etc due to ongoing health problems.) but they just won't let up.

[MRSWESTHAM]

Hi ya

I am quite new hear so cant give you much legal advice but can give you moral support and the promise that someone very very knoledgeable on debt etc will come along shortly and help you out.

 

I was/am in the same situation as you but since finding this site I am a lot calmer ! What I would say is make sure you pay your rent /mortgage and council tax as there the only real ones I have had big problems from.

 

I had a high court enforcer to my house but even them I have managed to make reduced payments £5 a month (on £1900). Some of your debts will probably be unenforceable (only found this out off here in the last month or so !)

 

Try and be relax because in reality the stress and worry about what the DCA say they can do is so not worth it

 

Good Luck x

[lickthewallfatboy]

DCA's have no more legal powers to do anything than I do

 

and I don't have any

[spamheed]

Bailiffs would only come into the picture after you have failed to pay a CCJ or other court ordered payment, if you haven't yet been to court over any of this, then you are a long way from having to worry about the bailiffs.

 

As stated earlier, anyone else (DCA, doorstep collectors etc) have no powers at all and you can happily tell them to sling their hooks should they present themselves at your door

[Bendy1-2-1]

Thanks for your responses, its very helpful.

 

When you get sent a CCJ do they send it Recorded mail? Its just that even though I have moved and I have told them my new address they still seem to like sending letters to my old home. I'm just concerned that I will miss some kind of important letter and all hell will break loose. I have this mail passed onto me but still can't help worrying....

 

Thanks again!

[Bazooka Boo]

You can take a look and see if they have registered any CCJ's against you on the link below,

CCJs, court orders & fines - Search yourself and others - Trust Online

 

Just take a breath for a minute.

 

How did you tell them you had moved?

Forget using the phone to convey any messages to them, keep everything in writing, that way then you have a paper trail of evidence, and are less likely to forget things.

 

Secondly, send everything to them via recorded delivery, that is your evidence they received the letters.

Don't speak to them over the phone, unless you can record your calls:D

 

What DCA's are you paying, have you found out whether they are legally entitled to take money off you?

How many of them have you asked to provide you with proof that you owe the debt and that they are legally entitled to collect?

 

How many have produced you with a valid CCA?

Can you post the CCA's you received up on here so someone can take a look to make sure they are enforceable.

 

Letter used when they threaten a doorstep visit

 

Telephone Harassment Letter

[diddydicky]

what i suggest you do is take a big breath

 

now write the same short letter to all your creditors and tell them that you are seeking advice on your debts and that you wish them to leave you alone for 60 days whilst you get this advice and then you will get back to them (pay the rates if you can but not the unsecured debts)

 

now find the template letter on the forum (ask if you cant find it) asking for a copy of your credit agreement and send one to each of your creditors( or whoever is dealing with you on their behalf) together with a one pound postal order.

 

If you cant afford to send them recorded delivery do not worry then send them "proof of posting" which will cost you nothing but you will get a reciept to prove what letters you posted.

 

when you get the replies post them up on here (someone wil explain if you dont know how) and we will help you to deal with them

 

The WORST that can happen is that you will, with our help come to an arrangement with them but at best (more likely) you will get some pleasant surprises

 

Now that you have taken control you will feel better

 

you may get phone calls- simply tell them that you cannot comment until you have taken advice- if they persist-simply put the phone down without even saying goodbye

 

if they threaten to visit you remember it is just that - a threat and again we will help you if you tell us

 

if the calls are persistent come back on here and we will advise you on how to deal with them

 

remember YOU are now in control, not them

 

forget bailiffs and court action even if it was possible these are well away in the distance .

[Bendy1-2-1]

Thanks again for all the advice.

 

I have CCA'd (that's a verb now right?) them all and haven't received any responses apart from Alliance and Liecester agreeing to my token payments for another 12 months (which is good).

 

Oh and I received a 'statement' from another one (Lombard) just saying about the list of token payments etc. No CCA's of yet though.

 

They're all pretty much from 2005/2006 so this has been going on for while now. What I'm worried about though is that they seem keep writing to an old address when I've told them in writing that I've move a couple of times. Not all of them are doing this, just some. I've got it in my head that this is some kind of 'tactic' where they will say 'well we tried to contact you but couldn't get a response' and I will miss some Court date or something and then the next thing I know I've got the heavies round dragging their knuckles! Does anyone know that for Court summons etc if it's sent Recorded etc?

 

Like I say I take full responsability for this, it's all my own stupid fault but I'm just so skint at the moment that I can't afford to pay any more. My nerves are shot with all this stuff and have considered going BR as I don't own a house or, well, anything really. If I do that though I'm sure they wont act too kindly on me as I've been a bit reckless to be honest. I wish I was a bank then my recklessness could be bailed out with billions of pounds!

 

Argh!

[mr.ton]

The only bailiffs that can turn up are those appointed by a county court.

Even that is as a very last resort once all other avenues have failed.

The DCA's have no legal powers over you whatsoever, so any threats from them just treat with contempt it deserves.

Edited July 10, 2009 by mr.ton

[mr.ton]

Bendy 1212

Please stop justifying yourself saying things like "Its all my fault" & "I take full responsibility" etc..

No-one is here to judge you.

How, were,why & when you got into debt is irrelevant to everybody on here

[Bendy1-2-1]

Thanks for that. I guess I just feel kinda stupid for the whole mess and don't want to be seen blaming others for it. I shall not mention it again though!

[mr.ton]

Oh please do blame everyone else...i sure do

[Bazooka Boo]

And as everyone else blames me for their misfortunes, I am only to happy to apportion blame onto everybody else!

 

If you have proof that you sent them your current details and have informed them of your whereabouts then that would be your defence, 'IF' you ever needed it in a court.

 

Any important letters I need to send are printed off twice, one for my records and one for them, and again it goes without saying all recorded..

 

Relax, if you have done all that you can do, then it will be there own mistake which is your defence, if you ever need it!:D

[diddydicky]

Thanks again for all the advice.

 

I have CCA'd (that's a verb now right?) them all and haven't received any responses apart from Alliance and Liecester agreeing to my token payments for another 12 months (which is good).

 

Oh and I received a 'statement' from another one (Lombard) just saying about the list of token payments etc. No CCA's of yet though.

 

They're all pretty much from 2005/2006 so this has been going on for while now. What I'm worried about though is that they seem keep writing to an old address when I've told them in writing that I've move a couple of times. Not all of them are doing this, just some. I've got it in my head that this is some kind of 'tactic' where they will say 'well we tried to contact you but couldn't get a response' and I will miss some Court date or something and then the next thing I know I've got the heavies round dragging their knuckles! Does anyone know that for Court summons etc if it's sent Recorded etc?

 

Like I say I take full responsability for this, it's all my own stupid fault but I'm just so skint at the moment that I can't afford to pay any more. My nerves are shot with all this stuff and have considered going BR as I don't own a house or, well, anything really. If I do that though I'm sure they wont act too kindly on me as I've been a bit reckless to be honest. I wish I was a bank then my recklessness could be bailed out with billions of pounds!

 

Argh!

 

i suggest that you write another short letter to all your creditors pointing out the old and new addresses and and asking them to address all future correspondence to your new address

 

send them recorded and keep the copies and receipts safe

 

this will be an ABSOLUTE defence or basis for set aside if they try to issue service or take any legal action based on correspondence or service to the old address

 

do a one pound written cra check with experian equifax and call credit 5 days after you send the letters and keep the responses in the same place to show that no process was outstanding at that time

 

that should sort that one out

[count orlok]

its not your fault it is the fault of the banks, their greed caused the problems, and your money bailed them out. I used to feel a little guilt about not being able to pay them but now i feel none at all. I've paid stacks in taxes over the years and no one has bailed me out (not that they should), so the fact that the banks have had billions of the tax payer in my mind more than makes up for my token payments, and as for the DCAs, they are no better than war profiteers making money from others misery. So do not feel any guilt or shame, save your feelings and channel them into contempt for those who caused the problem (the banks helped out by the Republicans and conservatives).

 

end of rant

[mr.ton]

Thats the attitude alot of people have these days.

Why should they feel guilty about debt when all their hard earned tax has gone towards bailing out the banks etc...

I now actually see being in debt & not paying back as a good thing, given all of the above - a sort of 2 fingered gesture to the government if you like

[Bendy1-2-1]

I know where you're coming from. Sometimes I'll have a surge of 'Stick it to The Man' er, ness but then I'll get another letter from a DCA using a brand new shade of red in it's writing and my anxiety soon urinates all over it!

[mr.ton]

I dont get enough threatograms, thats my problem - not as much as i used to get anyway.

I feel dejected now if there's not one in the post of a morning

[Bendy1-2-1]

How did you stop them?

[mr.ton]

Simply by telling them to get stuffed & laying down the law with them/what is what etc...

They are afraid of sending me threatograms now....

The odd 1 tries their luck occassionally, only to be sorry afterwards

[PGH7447]

I dont get enough threatograms, thats my problem - not as much as i used to get anyway.

I feel dejected now if there's not one in the post of a morning

 

Agree with you here Mr.Ton, my mail box has never been so empty:D

[Bendy1-2-1]

Well you can have some of mine if you like. People complain about identity theft but, blimey, I'd be quite willing to hand mine over wrapped in a nice bow and everything!

[PGH7447]

Ah' You say that now but when you start to see these cretinous firms fall away, you will be left with an empty spot in your life:D and no idiots left to play with

[Bendy1-2-1]

*sigh* to have an 'empty spot'.

 

Back in the day when they (and I) actually had a phone to contact me on I didn't half listen to some nasty pasties. I remember one shouting 'I WILL GET YOU!' and then slamming down the phone. Thats no job is it? I think I'd rather be on Job Seekers.

[PGH7447]

Exactly, at least on JobSeekers you have your self respect, DCA threatmonkeys are the lowest of the low