Home visit threat by debt collectors for payment of a HIP

[The Brain Drained]

Hi,

 

I would appreciate some advice/guidance on the following. There are 2 issues.

 

I live in the Channel Islands, I've been here just over a year.

 

Before moving here my UK house sale fell through and late in 2008 the house was repossessed.

 

I am now being pursued for payment of a HIP. In a nutshell I cannot afford to pay this even though it is a relatively small amount (£466). The "debt" has now been passed to a company called Scot Call who are threatening to visit my home to collect the debt.

 

I suppose my question is, and bearing in mind where I live, can they do this? I cannot find any reference to such matters in local legislation.

 

Secondly, I have a credit card debt also in the hands of a debt collection agency. I was making token payments whilst I was in the UK but since I left they have been demanding higher payments and are unwilling to negotiate, threatening court action.

 

I would appreciate it greatly if anyone could advise me of my possible options?

 

With best (and hopeful) regards:eek:

[saintly_1]

Hi and welcome to CAG

 

Point 1 ........ have a look here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

Point 2 you can CCA the DCA using the template letter here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter to see if they have an enforcable agreement

 

 

saint

[diamondgirl]

Hi and Welcome

 

I'm sorry I don't know if English Law applies someone with more knowledge I am sure will be along soon.

I do know here if a DCA comes to your door you do not have to speak to them, you do not have to open your door to them, they have no powers to force you to open your door, you can demand they leave your premises as it is tresspass unless you invite them onto your property, only the post man has a right to come onto your property to deliver your mail.

It is a common practice that DCAs say they will doorstep you in the hope that you will pay something, they have a fine arts degree in threatograms.

With regards to the DCA with the credit card I would CCA them to get a copy of the agreement and see if it is enforceable. If it was only taken out in the last couple of years it is more than likely to be enforceable.

Hope this has been of some help.

DG

[Toulose LeDebt]

Which Island are you on as it might make a very big difference?

 

As you've lived there a year now I must ask what sort of residency status you have? Are you CI born or married or an 'outsider'?

 

I could tell you some funny stories about Jersey Law and Guernsey law which will probably only worry you, the thing is that gaps in the statutes can either be 'borrowed' from the mainland or sometimes made up on the spot by the local court whichever they decide best suits their means.

 

Debt matters which are classed as civil torts over here can be construed as criminal in the CI's. But don't worry too much as at least your problems started before you went there and not after.

 

Depending on your status you might be entitled to get any Court proceedings transferreed but this is highly unusual and most people would hop back to the mainland for such a hearing. The primary thinking behind that is the Channel Island Jurats are run somewhat differently to our county courts and costs and debts become payable immediately upon judgment. This means that if you owed £20k plus £5k costs you will likely be held in custody until such time as that money is paid. Nobody goes to court in the CI's if they do not have the means to pay any projected possible loss. I first learned this in 1986 when I was summonsed to St Aubins civil hall for a speeding fine. I was tipped off that I should plead guilty take the lecture and have £20 cash in my pocket. Failure to pay the fine on the spot would have led to 2 days at La Moye.

 

fast forward to 1999 and a Guernsey Company I worked for in St Sampsons won a civil case against an American designer. Costs and damages were awarded against the American who was still in custody when I finished my contract and left the island some months later.

UNDER NO CIRCUMSTANCES DO YOU EVER LITIGATE IN PERSON IN THE CHANNEL ISLANDS.

 

If there is to be Court hearing then have it transferred to a UK court of your choice say one near a relative. This is of course after you have made them earn the right to such a hearing by producing the CCA, checking for unlawful charges, valid default notices etc. etc. Don't let it go to court in the channel islands. I doubt if any UK mainland based DCA would chance its arm in the CI's but there may be an offshore subsidiary willing to act. If this is the case then this company must have a valid UK consumer credit licence etc. I doubt very much it would ever come to anything like this and it would be just as risky for the DCA.

 

Does the JEP still have that delightful 'local crime' section where M. Lemesurier of St. Helier is fined £15 for riding his bike in a pedestrian zone and Mdm LeFevre is named and shamed for failing to pay a line of credit in the sum of £22:42 to the Butchers?:eek:

 

Whatever you do in the Channel Islands do not get into debt over there as it becomes a crime to return to the UK without paying in some circumstances but thankfully this does not apply the other way round.

 

PS Hi Diamondgirl hope things are well.

[Toulose LeDebt]

BTW Meant to say as for the 'doorstep collection' and home visit nonsense it's just the normal bluster I don't think they would jump on a plane to come and see you but if they did they'd probably find there are some very peculiar laws in force in the island to stop this sort of haarrassment. Very peculiar indeed,, probably involving bows and arrows, swords and passages by rowing boat at night.:lol: A Channel Islanders home is still very much his castle.

[Bazooka Boo]

Have a browse through this lot when you have time!

Law Resources: Channel Islands and Isle of Man - infolaw Lawfinder

 

Snotcall are a scottish based pond dweller, quite frankly what right they have in the first place of trying to enforce englich law from sweaty sock land beats me!

 

And the only other info I can find on these low lifes is that they like to intimidate over the water also Welcome to ScotCall

 

Although, a few swift knee cappings would shut them up!

[Toulose LeDebt]

Nice one Bazooka Boo this paper LINk gives you an idea of what you (or they more likely) would be up against. Just reading The introduction Part 1 tells you all you need to know. Jersey law is based on the customary law of the duchy of Normandy but there aren't many ancient norman texts on law, and they can't use modern french law because the language is different so they sometimes use British law but at the end of the day it's often down to the judge to decide what he thinks is right. :lol: Bit like one part of the UK I know.

[Bazooka Boo]

Ah merci beacoup monsiour LeDebt

 

I shall peruse at my leisure;)

[The Brain Drained]

Thanks chaps there is quite a bit of reassuring information here for me. Incidentally, I'm on Jersey.

I must admit that part of me feels that "Snot Call", (nice one, gave me a chuckle) are chancing their arm with a bit of intimidation. I believe that on occasion UK DCA's have sold debts to their Jersey equivalents but this is highly unusual.

 

Anyway, I have a bit of reading up to do now!

[The Brain Drained]

Sorry, I forgot to say that I've been Jersey resident since April 2008, I am an outsider, if it helps I am now considered non UK resident (courtesy of HMRC) but as my background is in tax work this was easy enough to confirm.

[diddydicky]

i would welcome them with open arms make them a cuppa tell them that you will not discuss anything about the debt whatsoever but would love to sit and chat all day about your favourite flowers

 

 

 

and smile at the thought of how much it has cost them to come and talk about flowers

 

 

seriously, for a 400 quid debt? the chances of them turning up on your doorstep in the channel isle is about the same as me getting Katherine Jenkins and nigella lawson in bed with me a t the same time!

[The Brain Drained]

Hi guys,

Thanks for the above (and dicky wicky, aren't you being a tad greedy!)

Anyway, apologies for not responding recently, I've not been able to log on for a few days.

On my original thread I mentioned that I have two issues and wouldn't you believe it, yesterday I received a letter from a company in Preston called Iqor (formerly Legal & Trade) threatening another doorstep visit to collect a debt I have with a HBOS credit card. I mean what is this with home visits? Have they suddenly realised where I live and fancy a holiday whilst at the same time collecting a debt or two?

 

Seriously, I assume the helpful responses I have had to date apply to this one as well. To be honest my inclination is to just ignore them and treat them as pointless posturing and intimidation. What do you guys think?

[Bazooka Boo]

To be honest my inclination is to just ignore them and treat them as pointless posturing and intimidation. What do you guys think?

 

There just like pigeons trying to impress the females, puffing out their chests and ruffling their feathers......and the female promptly flies off:grin:

 

All the threatogrammes are computer generated with any of these DCA's.

 

They put your information into the threatogramme computer database, it sends off the first laughable letter, then 7 days later if they haven't had a response to that, they let the computer print off the next one, this time the threat has probably increased to telling you to sell a kidney to pay them!:grin:

 

And the cycle continues, where by you might be lucky to get three threatogrammes in one week, then ignoring them for a suitable amount of time, they realise that they have bought a lemon, and sell it on without informing the new DCA the history of the debt, and the merry go round continues with them:grin:

 

You can always tell just how serious they are and how important it is, when they use second class postage:eek:

[diamondgirl]

I'd agree with you.

 

However, from what I've heard so far this week (two days) there appears to be a lot of DCAs wanting peoples doorsteps and one of the worst ones this week have been Skycard sending people round in blue T shirts banging on doors and threatening people.

 

DG

[Bazooka Boo]

I'd agree with you.

However, from what I've heard so far this week (two days) there appears to be a lot of DCAs wanting peoples doorsteps and one of the worst ones this week have been Skycard sending people round in blue T shirts banging on doors and threatening people.DG

 

Ah ha! So that was who he was trying to get in through the front door to this block of flats earlier!

Ringing every bodies buzzer to try and get in, how unfortunate he rang mine, not wanting to speak to him over the door entry device, I went down in person camera in one hand and phone in the other, and politely informed him to remove himself from our doorstep as I had just rang the Police that there was a male trying to break in! (cue police car on a blue light call three streets away!) last seen heading west toward Southampton, tripping every gatso on the way:lol:

[The Brain Drained]

Thanks Bazooka Boo, I am much reassured by your response. I now know for certain that they have no legal rights here and if (as one has threatened) they try to get a UK CCJ I believe the UK court will throw it out as soon as they realise that the debtor is non UK resident.

[diddydicky]

Hi guys,

Thanks for the above (and dicky wicky, aren't you being a tad greedy!)

Anyway, apologies for not responding recently, I've not been able to log on for a few days.

On my original thread I mentioned that I have two issues and wouldn't you believe it, yesterday I received a letter from a company in Preston called Iqor (formerly Legal & Trade) threatening another doorstep visit to collect a debt I have with a HBOS credit card. I mean what is this with home visits? Have they suddenly realised where I live and fancy a holiday whilst at the same time collecting a debt or two?

 

Seriously, I assume the helpful responses I have had to date apply to this one as well. To be honest my inclination is to just ignore them and treat them as pointless posturing and intimidation. What do you guys think?

 

got it in one

[The Brain Drained]

8)Thanks diddydicky,

 

I hope one day Katherine & Nigella becomes a reality for you!

[diddydicky]

8)Thanks diddydicky,

 

I hope one day Katherine & Nigella becomes a reality for you!

 

probably wouldnt know too much about it............ on account of being is the intensive care unit!!

Edited July 15, 2009 by diddydicky

[Guest alderney1965dk]

Hi dude

 

Tell the lame numbskulls that UK law does not govern The Channel Islands, I know that as I am from the Channel Islands, Alderney in fact, as the Channel Islands are not part of the United Kingdom they do not fall under laws for England, Wales or Scotland. In reality it will cost more for Scotcall to visit you from Scotland or get a rep from the UK to fly over, once there if they do get there you can hit them with Jersey Laws.

 

Tell them to bury there heads in horse S**t:)

[sillygirl1]

I'm just wondering about the ''best of breeds....' comment in that online advert, would it be

 

Thug

Even Bigger Thug

Court threat

 

or something else which would get me cagbotted....

 

Have a browse through this lot when you have time!

Law Resources: Channel Islands and Isle of Man - infolaw Lawfinder

 

Snotcall are a scottish based pond dweller, quite frankly what right they have in the first place of trying to enforce englich law from sweaty sock land beats me!

 

And the only other info I can find on these low lifes is that they like to intimidate over the water also Welcome to ScotCall

 

Although, a few swift knee cappings would shut them up!

[diddydicky]

Hi dude

 

Tell the lame numbskulls that UK law does not govern The Channel Islands, I know that as I am from the Channel Islands, Alderney in fact, as the Channel Islands are not part of the United Kingdom they do not fall under laws for England, Wales or Scotland. In reality it will cost more for Scotcall to visit you from Scotland or get a rep from the UK to fly over, once there if they do get there you can hit them with Jersey Laws.

 

Tell them to bury there heads in horse S**t:)

 

there's an old law i believe that technically still exists that you can shoot a scotsman in York on a sunday with a bow and arrow

 

cant you find a manx law like that for debt collectors!!

[casbah]

Slightly shifting direction here..............how do DCAs get the debt?

Sorry to be a bit thick but i need it in laymans terms.

If a creditor has a debt collection dept and license how do you find out if a dca is a sister company and that sister company is the dca that has called at your house?