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Doorstopping or debt collectors knocking.


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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

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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
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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.

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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

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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

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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:

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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.

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