FiL - Silvermans threatening bk despite CO Payment compliance

[morgan8080]

My father in law needs help.

 

 

He was taken to court by someone he did some work for and in the end it was agreed that he would have a charge on the property worth 10k and my father would pay the court £40 a month as he is pretty broke.

 

 

The creditor ( a nasty man) has now taken it upon himself hes not happy with the court arrangment and has employed services of a debt recovery company and want 14k off him now and

 

 

have sent collectors round threatening to take his goods and threatening bankruptcy on the 4th december.

 

Can they do this???? Please tell me what steps we should take next

[cerberusalert]

If the court ordered that he pay £40 pcm that is all he has to pay. If they try to change that arrangement without the permission of the court they are in contempt of court.

[morgan8080]

Are people not allowed to try to recover their money and costs once it has been decided with the court that he should pay a set ammount and have a charging order?

 

 

i didnt think so either but am sure my father in law had been advised he could be taken for bankruptcy to recover these costs from him or would that be before the court decided on it

[cerberusalert]

As long as he's keeping to the court order they cannot do anything without the permission of the court. They could apply to the court for a variation but it would be unlikely that they would succeed unless his circumstances had changed significantly.

 

Who is the debt collector?

[Bazooka Boo]

So long as he has maintained the £40 a month payments as ordered by the court, then whoever this man is attempting to make up his own laws, should be told to go play on the motorway.

 

It would also be wise to get in touch with the court to inform them what this clown is attempting to do.

 

Any correspondence you get from any debt collector he might employ will drop it like a ton of bricks as soon as they know there is a charging order already in place, as they will not want to end up in the dock themselves for being in contempt of court.

[morgan8080]

is Daniels Silverman , i recognise their name.

 

and they know that there is a court arrangement so iam suprised that they are going ahead with this harassment.

[Bazooka Boo]

Daniels Silverman » Legal Recovery

 

Key features of our Litigation service are:-

 

• Pro-active and legally aggressive panel of solicitors
  

Says it all!

Here is a previous thread about this company;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/207371-worst-experience-daniels-silverman.html

 

Here is even more unsatisfied customers;

http://www.blagger.com/db4/company_id/5749/companyname/Daniels-Silverman.html

 

I would make a formal complaint to them, and report them to the court, aswell as the Financial Services Authority, the OFT, and the Solicitors Regulation Authority, about tim daniel silvermans bucked their Ideas up, and as they are known for trolling this site, you will undoubtedly get quite a swift explation as to why they act above the law.

Edited November 30, 2009 by Bazooka Boo

[cerberusalert]

Email Carole Hughes MD of that company, remind her of the consequences of harrassing your FiL., quote the Administration Of Justice Act 1970 section 40, and The Protection from Harrassment Act 1997 if they continue to pursue him. [email protected]

 

Then make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[MARTIN3030]

Interesting.This is the third story this week I have heard about Silvermans.

[Deb T]

Just poking me nose in a little, notwithstandinng the other excellent advice given in this thread it may also be worth ensuring that you do not give Silvermans an inch in regards to the payments made to them, your pops pays £40 as directed by the court... make sure that his payments are made each and every month, I would make them so they're a few days early so as to make sure it reaches them.... don't give them any excuse at all to haul you back to the court and in doing so you're reducing the risk of any further valid action from Silvemans to pretty much zero.

[MARTIN3030]

Cebrusalert has given good means of address.

Having done a little digging,it does appear that CH is not alone in coming here to their defence.

I found some interesting observations,and will be personally monitoring closely.

[comebackjimmy]

I think Deb T is right.

 

Make sure the payments go out early.

 

Use some method of tracking the payments so it can be produced in court if necessary.

 

A standing order should do the job as this will be an automated process and the tracking will be on the bank statements.