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HP Mum

bank/dca/strangers harrassing relative

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May I ask how to stop dca and/or legal demand harassment?

 

A relative is constantly being anonymously telephoned, sent letters and having strange men turning up at their property trying to deliver legal letters/ serve notice/ statutory demand for someone that does not live at that address. 

 

They have previously 'returned to sender' the letters and advised on phone and to the strangers that they have the wrong address.

Relative does not have address of the person these people are trying to locate.

 

If relative opens the mail are they in the wrong? 

Even if they need to open envelope to see to where it needs to be returned?

 

And what happens if the letter contains confidential financial details of the person they are trying to contact?

 

I read somewhere that dca are not supposed to disclose someone's financial details to strangers - business colleagues, relatives, friends, neighbours, work etc

 

Is there something relative can do to prevent these people turning up again?

Should they just open and return to sender again as 'not at this address'

Thanks for best advice.

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no problem in opening all the letters

it would be useful for you to be able to p'haps scan them up too to PDF

so we can see the people behind this.

 

then we'll know how best to sort this issue for her.

there maybe many reasons behind it, most are nothing to worry about

but 

it might be an advantage to do so in case there is fraud and or ID theft going on or gone on here in the past.

 

I will assume all the legal occupants have checked their own credit files just to ensure nothing untoward shows like strange accounts or linked addresses or financial links to unknown people?

 

in these cases its always better to thoroughly gather all evidence then we will be best positioned to advise.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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the most recent posted letter is (i think) notice of a statutory demand with a note saying people will attend property to serve papers on a certain day/time

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that will be a process server.

as they have to serve it personally, to the named person, it will be interesting to see how they accomplish this.

 

is this consumer debt do you know?
 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I am not sure what the debt it is - personal or commercial.  I have not seen the letter.  But I can ask/ find out

Edited by HP Mum

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you indicate in the title its a bank?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I don't know.  I will check what the contents say

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Yes do as DX advises, otherwise you might have bailiffsHCEO turning up to enforce a CCJ on the non resident they are after, if you don't make sure they are fully aware that person doen't live ther, and that once they are aware any action against lawful occupier  will be classed as harassment and reported.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Has the person they are looking for ever lived there? 

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So - the letter looks like something anyone could have typed themselves.

No address/ no company details.

Just a private # to call

Its a simple letter advising someone will attend premises on certain date to serve statutory demand re insolvency.

Notes that if person not there the SD will have been deemed to be served by advertisement in press or through letter box.

Also notes in event of bankruptcy petition being presented, court will be asked to consider such service as service of the SD on the debtor.

 

The person concerned was there many decades ago.

Edited by HP Mum

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Just to say there is no way of telling whether it's a bank, dca or person who is behind this 'process server'.  And there is no return address.  So what should relative do?  Normally people advise not to make calls!

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what about all the previous letters?

bottom line is there is no-one there to make BK and it cant hurt them anyway

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yes - but because there is no address there is no way of discerning to which of the previous senders this one should be returned?  Relative could ring the number - but doesn't feel comfortable doing so.

 

So should relative just ignore and if the people do attend just tell them then that they have the wrong address?

 

What will these people do next? 

 

Advertise in local/ national press release mentioning relative's address?

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no point in returning it nor the other letters.

no need to ring either

no sure where that idea came from.

 

the person is not resident at the property

not the current residents person.

 

the text of the letter is the std SD letter text.

successful BK's get advertised yes, but as he is not resident at that address and it cant harm the address even if whomever the creditor is if they do succeed 

 

the person named is not on the electoral roll for the address anyway so the SD can never happen in its current format.

who are these mick=mouse process servers please?

 

they aren't normally this dumb to be honest as they have to talk reasonable steps to find the debtor 

they appear not too have.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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There's just a man's name and mobile # - no server company name.  It almost looks like a self-made threatogram??

What are reasonable steps?  I suspect these people are hoping relative will say they know where the long-gone person being searched for is now?!

 

I've never come across a SD before.  I did a quick search thru the forum. It seems dca used to use them regularly because there was/is a short time frame to respond before bankruptcy petition being given to court - and it was/is a cheaper route than going thru the bankruptcy court process.   There was an amazing sticky I found

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then it could well be homemade threat-o-gram

there are numerous unregistered one man band backdoor dca's that pull all kinds of stunts to collect debts

 

I would suspect this nothing to do with any consumer credit debt like card/loan as none of the usual players you've met would ever use these people and never for a last trace of probably 10yrs+ ago as atleast they do abide by the rules.

 

this is going to be for a dodgy backstreet lender loan I bet.

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi

 

Type the mobile number you have been given into your internet search engine and see what comes up.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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some DCAs use mobile numbers often several, so

use who called me there will be information on whose number if known, and you will see other peoples experiences with it along with opportunity to add your own comments.   https://who-called.co.uk/  


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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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it seems to be some kind of investigator #

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tell us the number

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Resurrecting this thread.

Yes it was a pi.

More letters came to relative; Car lurking. hassling neighbours 

Then nothing; then it started again. All other mail remained unopened until today.

 

I now understand they're trying to locate me, not another member of extended family, and were kind of misleading elderly relative. 

 

So now I understand they have played dumb on purpose. 

They have my contact details - but they didn't want to really find me. 

 

Interestingly both bank and lawyer stopped emailing me  few weeks before the harassment of relative started. 

So they appointed a pi in a different geographical area, to attempt to serve at an address they knew I hadn't lived in for decades. 

 

 Obviously the SD wasn't received/ opened. 

Few months passed and another letter in post. 

Now read, it says that they wanted to attend on certain day/time (missed obviously) to issue a BK petition. 

And if not there they would go for substituted service.

 

It is now very clear that the bank appointed such a poor pi on purpose - to expedite a back-door B without my knowledge. 

Repossessed ages ago but is still unsold. 

 

Papers state that the loans are being recalled, makes no mention they already have possession of property that was secured.    

I suspect their plan is to grab the property as part of the overall loan debt owed and make me BK - then can do what they want with the property in a better market?   

 

They have had offers - but none high enough to clear debt. 

I understand the receiver has been in discussions with people - the last email received showed that  everyone was at a similar level.  But he hasn't closed one.   

Neither has he advised that he or the bank wish to locate me to serve papers.

 

Can't afford a lawyer.

What to do now?

 

 How quickly after attempted b petition service can they go for substituted?

 

Surely the SD hasn't been properly served, let alone them going for a bk petition.

 

Should i contact pi? or relative? in writing

 

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Odd that there is a repossessed and unsold property.

are there other debts as well as the mortgage?

 

my reason for asking is that if the property is as yet unsold, how can they claim for a ‘mortgage shortfall’ if they don’t yet know if there will be one, and if there is one how much it will be.

 

Either the bankruptcy can be fought off on this basis, or there is more to the story.

 

An additional factor to consider: Is going bankrupt a good or poor option for the alleged debtor?

If they were considering going bankrupt but didn’t have the fee to hand : the mortgage co. might be “doing them a favour”!


It depends on if bankruptcy is a good option or not for them.

Often it isn’t, but sometimes it can be, with the “slate wiped clean” benefits.

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HP Mum, have you considered that bankruptcy might be your best option, depending on your circumstances ?

 

Have you had advice about this ?

 

If you have a number of different debts which you could never repay, it would save you the cost of going bankrupt, if a Bank did this for you ?

 

 

 

 


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A point I made, UB, though you have phrased it better 

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I would rather not go B.   I have managed to juggle finances over the years w/o.  There's a couple small debt issues but I am trying to deal with them and should over time..  And I think this issue could be sorted?

 

Bit of background: was professionally advised/ borrowed high interest short-term loan to be repaid when property sold. But it just didn't sell. 4y trying. And interest just accrued. They repossessed and marketed immediately.  They priced it lower than the debt was.  I guess they hoped they'd flog it quick. 1y later unsold and another year's interest.  

 

Trying to understand the current situation.

For a few months they wrote they had offers.

Apparently most interested buyers wanted to buy only with fh - which they couldnt.  They got one offer immediately for their charged interest, but much lower.  After 6m they advised that offer was still there - but they hadn't accepted.  Note - interest still accruing.

 

At this point their lawyer stopped communicating - altho he did ask who my lawyer was.   I see now the dates in the SD papers correspond with this date.  I didn't have a personal lawyer. But the bank/receiver (his client) had separately used their powers as mortgagee to use me/ my tenure to serve separate papers for the fh (ultimately unsuccessfully) - so I simply replied that there were different lawyers involved on that issue and his client would be able to update him.  I see now the lawyer will (sneakily) use in court my reply as if I was avoiding telling him who my lawyer was. Reality - I didn't have one.

 

A few weeks later I followed up with the bank. They advised they had accepted a slightly higher offer. Higher yes. But the accrued interest meant it was effectively lower that the offer they'd been sitting on!  The bank said it wasn't for them to deal with anymore - a receiver would deal with it now. 

 

Receiver sent some emails. I replied initially. But he advised he was unable to divulge details of offer price or names.   I haven't chased him.  It's been a very difficult time and it has impacted on my well-being. Good days/ bad days.

 

The sale never materialized.

In reality they have used this same period to hassle relative.  So all 3 - bank, receiver, lawyer - could have asked, texted, emailed me where I was located.  They didn't. 

This is speculative but it seems they had a tactic to serve papers knowing I may never get them?

 

Having now seen the SD - they state I haven't repaid the loans which they consider "unsecured".

Weird given they have the property?

And they are petitioning for B for the sum of the loans, the £s debt accrued.

 

I don't understand why - if they had 2 offers and  the higher one they accepted then fell through - why they didn't revert to sell to the other slightly lower offer they advised they had?  And then come to a later agreement with me once the shortfall is known?  At that point the shortfall debt would be known and I would have thought that would be the point to go for B?

 

If they petition for B now -  Would they become the new owner rather than mortgagee in possession?  So they could do whatever they wanted with it - or sell when the market improves?  If so - what happens if this " Boris bounce" really happens and they then within months sell at higher price? High enough that it would have covered my shortfall and prevented B.   Would I have a legal complaint or not?

 

Separately - in the SD I see they refer to an assignment. 2 loans into 1 loan. But they never did it properly - no noa, no correct signatures.  From other threads/ past experiences I know this is an important issue.

 

On a different thread I saw that people advised sending in a sar when bank starts claiming money.   Should I send one in now?  Try to get to bottom of everything - like why they never closed with the offer/s? The assignment. The costs incurred etc...

 

 

 

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