Jump to content
  • Tweets

  • Posts

    • Thank you all for your replies  I am obviuously over thinking things best to continue to ignore  onlymeagain  
    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancellable    due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date,   I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law,   I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response,   I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was:   Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension,   this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
blueridgehotel

Doorstopping or debt collectors knocking.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3689 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Can someone please update me on the current situation of debt collectors just turning up un announced at your door? Do they have any rights? I have currently written back to a company called Mckenzie Hall claiming Statute Barred but would like to know what to do if someone shows up.

 

This question has arisen as a friend of a friend claims he is making a mint out of working as a debt collector for parking tickets, council tax etc, and swears they DO have the power to enter homes and take goods.

 

Be nice to clear this one up, not only for me.

 

Many Thanks

Share this post


Link to post
Share on other sites
Guest Cartaphilus
This question has arisen as a friend of a friend claims he is making a mint out of working as a debt collector for parking tickets, council tax etc, and swears they DO have the power to enter homes and take goods.
Total rubbish. Maybe you should report them to the police, trading standards, OFT if this is true. I'd also go on to sugges that this friend of a friend is acting illegally, possibly as unlicensed debt collector which DOES definitely need reporting to the authorities.

 

Bailifs are the only people who can do this and also with a court behind them.

 

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

 

A normal doorstep collector has no more rights than anyone else has to enter your home, they know even less about the legal aspect of it usually. If someone does come to your then simply don't discuss anything with them, slam the door in their faces if it helps to reinforce the message to them.

Edited by Cartaphilus

Share this post


Link to post
Share on other sites
Guest wino

I wouldn't worry about those Kilmarnock idiots, there's more chance of Mother Teressa knocking on your door than anyone from them.

 

No debt collector has power of entry.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards, he is building up a file on them.

 

They are not supposed to send people round if you tell them not to.

 

Mr Stewart is very effective at getting them sent packing.

Share this post


Link to post
Share on other sites

Also, I believe debt collection of things such as Council Tax etc. do come under a different 'Law'. Only know this from watching 'Bailiffs' on TV who collect these kinds of debts, but fairly sure they have to still have a Court Order to do so.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

I'd also give your friends, friend a slap for being a total knobhead, and a liar too. Also slap your friend and tell them to choose their friends more carefully in future. :D


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Share this post


Link to post
Share on other sites
Also, I believe debt collection of things such as Council Tax etc. do come under a different 'Law'. Only know this from watching 'Bailiffs' on TV who collect these kinds of debts, but fairly sure they have to still have a Court Order to do so.

 

The OP stated that the guy in question worked as a debt collector. So unlikely to be a proper bailiff with a court order. Also if they brag about being a debt collector and having rights of entry to family and friends, then it's likely they've had the usual quality DCA 2 hours "training". Not to mention deluded into thinking they have a real job. :D


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

Share this post


Link to post
Share on other sites

Hi fuzzy

 

OP does say his friend collects parking fines and council tax, hence my reference;)

 

However, head all over the place today, have had 2 hearing aids fitted and don't know whether the doorbell is ringing, phone is ringing, or earpiece batteries have failed, oh, no wait it was the clock chiming.:confused:


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

I've had to look into this issue lately for a friend of a friend and it turns out that certified Bailiffs acting to collect magistrates court fines DO have the right to force entry using a locksmith.

 

Bailliffs acting to collect unpaid council taxes etc still do NOT have this right however.

 

Taken from Bailiffs and debt collectors : Directgov - Money, tax and benefits

What bailiffs can and can't do

If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.

Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant - but this method is rare and only used as a last resor

 

If your friend's friend is acting as a debt collector (as opposed to a certified bailiff) and is entering peoples properties by force then he is acting illegally and unlawfully and could potentially be liable for numerous torts for example trespass to the person as well as torts for trespass to land. His company (assuming he is employed) could very well be held vicariously liable. He could potentially also be found guilty of any number of criminal offences as well.

 

To be honest he sounds like every other muppet working as a doorstep collector in this country that I've ever come across; as has been said before, they have 2 hours training and seem to think they're experts in law when, in reality, in my experience most of them are ill-educated morons...

 

If a person is not a certified bailiff then he is merely a debt collector, this being the case then they have absolutely no rights whatsoever without a court order giving them such.

 

If they turn up you can tell them to leave. If they refuse you can call the police. You can revoke their permission to come to your house, and you can revoke this in advance. Basically, debt collectors (as opposed to bailiffs) have as much right to enter your house without your permission as I do.

 

Cheers

UF

Edited by UnitedFront

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...