Jump to content


Please note that this topic has not had any new posts for the last 2001 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

I have noticed on various programmes, EA's threatening Bankruptcy in cases where they cannot get peaceful entry, the Debtor seems to know their rights, and there is either no car, or the car is on finance etc.

 

I thought with Bankruptcy it is a big "no no" and a risk to licence etc to use Bankruptcy/threats of bankruptcy purely as a debt collection tool.

 

But just as importantly, if they are doing this in the hope of securing their fees, surely this is against the best interests of their clients?

 

Legally speaking, I would assume an EA could do a land registry search to see if the debtor's name is on the house, but I was under the impression they cant do for example credit reference checks, and would not know if there was a large mortgage outstanding.

 

So by issuing a Statutory Demand, and going ahead with it, the creditor could find themselves only unable to collect more than a few pennies on the debt, if even that (if debtor owes loads of creditors)

 

It seems to me that people whom EA's threaten with bankruptcy should complain to the various licencing bodies. in some cases it might even be better to wind up the EA etc until they do go the BR route, rather than paying the fees yourself.

 

I wonder if any sort of offence, or whatever would be committed now, that the debt at which BR can be issued has risen - i wonder if all the EA's understand that, so threatening BR for a debt under the new amount (is it 5,000?) could very easily be seen as using BR threats as a debt collection tool, and an attempt to unlawfully intimidate the debtor.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

This was largely done by EAs in one particular TV show due to the fact the owner of that business is also an IP. Therefore, if they can't get fees on enforcement they get fees for serving the Stat Demand and then managing the bankruptcy. if it goes that way. It wouldn't surprise me if they included their enforcement fees in the Stat Demand and/or bankruptcy.

Link to post
Share on other sites

I thought that one or two Debt Collection Agencies, such as 1st Credit and Mucky Hall were censured for using Stat Demands as a debt collection tool a few years back. .

 

The debt would have to be over £750.00 and not in dispute for a Statutory demand to be issued ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

We have some information on CAG somewhere, however I appear to have lost it ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
We have some information on CAG somewhere, however I appear to have lost it ?

 

I believe the new figure is £5000, that sounds right, and they increased how large a debt can be included in DRO's.

 

And yes, certain DCA's were indeed given a slapping for using SD's as a debt collection tool. Since afaik, EA firms are also registered with various credit licences (or should be!) then they should also be slapped, if the threat is being used regularly, but not followed through.

 

Surely a BR petition would have to be served by the Creditor anyway, DCA's cannot institgate CCJ etc action unless they have purchased the debt, so surely the same applies to EA's.

 

I am surprised vaguely that an EA could instigate BR for their own fees, since there is no contract between the EA and Debtor, the same reasons that a DCA presumably whilst only representing the creditor cannot take CCJ action etc for their fees.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites
I believe the new figure is £5000, that sounds right, and they increased how large a debt can be included in DRO's.

 

And yes, certain DCA's were indeed given a slapping for using SD's as a debt collection tool. Since afaik, EA firms are also registered with various credit licences (or should be!) then they should also be slapped, if the threat is being used regularly, but not followed through.

 

Surely a BR petition would have to be served by the Creditor anyway, DCA's cannot institgate CCJ etc action unless they have purchased the debt, so surely the same applies to EA's.

 

I am surprised vaguely that an EA could instigate BR for their own fees, since there is no contract between the EA and Debtor, the same reasons that a DCA presumably whilst only representing the creditor cannot take CCJ action etc for their fees.

 

You are correct in that it would have to be the original creditor who issues the SD.

 

I am pretty certain that a Stat Demand cannot be issued for default charges applied to other debts, could it be that the Bailiff fees would fall under this umbrella ? And would their fees be as much as £5,000 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
You are correct in that it would have to be the original creditor who issues the SD.

 

The TV show I was referring to related to High Court enforcement and as I am told the creditor was often given feedback by the EA that an SD was the way to go. They would then charge for drafting and serving it and the owners other IP company would try and get the bankruptcy work. This is only hearsay though.

Link to post
Share on other sites
We have some information on CAG somewhere, however I appear to have lost it ?

 

 

It's in the cupboard where the teabags are, and while you are in there ...............

Link to post
Share on other sites
The TV show I was referring to related to High Court enforcement and as I am told the creditor was often given feedback by the EA that an SD was the way to go. They would then charge for drafting and serving it and the owners other IP company would try and get the bankruptcy work. This is only hearsay though.

 

I dont recall the specific cases, but they were making the threat with no concept of whether assets existed in the debtors name - it sounds like a very risky course of action, in the case of a debt that is not from a financial institution - I would assume a HCEO for example would not have legal access to credit reference files to build up a reasonably accurate picture - in the case of the famous footballer guy, I doubt even the creditor, a pet kennels would have access - I would imagine it isnt particularly cheap and full of potential issues for a small business to try and get access to CRA.

 

What happened beyond the show with the footballer - i got the impression he was a "wont pay" and was reasonably sure of being "bullet proof" iirc the car was on finance, I wouldnt be surprised if the house was in his wife's name, or under a limited company - a lot of famous people with big incomes use limited companies in order to (however legal it may be) misuse the tax system and not pay their fair share, so wouldnt surprise me to find homes and assets in ltd companys name too.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites
It's in the cupboard where the teabags are, and while you are in there ...............

 

No, I wont fetch out the hobnobs !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...