debt collectors

[marcie63]

Hi can someone please advise.

My son who lives with us owes the bank money and now the debt collectors are involved. They are ringing my home saying they will come to the house. As it is our house and our belongings not my sons, what rights do they have?

[Gingerheid]

None

 

Well, I lie. One. Debt collectors have the right to ring your door bell.

 

They have an implied right of access to your garden for the purpose of approaching your front door to ring the bell in order that they might ask to speak to your son.

 

But you could withdraw that by writing to them if it would make you feel better, and any access to your garden would then be a trespess. (Unless they were bailiffs attempting to enforce W of E following a CCJ, in which case they would be welcome to stand there for a bit feeling that life is pointless.)

 

Or maybe two rights, if your son put the phone number on the form they sort of also have an implied right to phone it, but not excessively. But you could write to them and withdraw that too.

 

About your sons rights...

 

He has the right not to have his debts discussed with his mother by debt collectors over the telphone under the Data Protection Act, unless of course he obtained the credit by signing a form that had small print that said something like:

 

Data Protection

 

- We may appoint agents who may telephone your mother to discuss any arrears under this arrangement with her

[Turnaround]

Firstly find out who now owns the debt, either the bank or the debt collection agency (dca). Your son then needs to send an Income & Expenditure form to the owner offering them a payment he can afford, and don’t be bullied into paying more. Even if your son can only afford £1.00pm, the dca’s know that the courts wont make him pay any more and therefore wont go to court. All these letter templates are at the top of the forum.

 

You must remember that these dca’s have no more rights than you or I, and often bully and intimidate you into submission. Only after a ccj is issued from a court and that is broken will bailiff’s get involved.

 

With regards to "door step" calls, include this instruction below in your letter.

 

"There is an implied licence under English Common Law for people to be able to visit me on my property without express permission, the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note that I revoke licence under Common Law for you or your representatives to visit me at my property, and if you do will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you persisted in your threat, I will obtain an injunction."

 

As for telephone calls, write to them explaining you don’t want to receive any more calls and will only communicate by correspondence only. If they continue to call, send the letter below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[marcie63]

thanks for that,but as my son is pigheaded and refuses to acknowledge them i dont want them coming into my home and taking what belongs to me(basically everything).

[marcie63]

Can someone tell me what happens if the debt is your sons, who lives with you ,dose'nt own anything in the house but son and father have the same name.Could they ,say,run a check on our car, see's its in the same name and take it?

[lookinforinfo]

Marcie, if it is a debt collector please stop worrying. THey do not have any powers to enter your house or take any goods from you or your son. And

they cannot take or clamp anybodys car. Only

bailiffs acting under instruction from the Court and issued with a warrant

can take goods, and normally baliffs chase people who have not paid a fine

from a Court or unpaid Council tax.

The worst thing a debt collector can do if they own the debt is to issue a

default on your sons' credit account, or take him to Court and iobtain a

judgement against your son.

[marcie63]

Thanks for your help. I will stop worrying now.

[marcie63]

Told the debt collectors today to stop phoning my home and they said they are well within their rights to phone as the number is the one my son originally gave them.Can i still send harrassment letter as my son will not speak to them.

[marcie63]

Told the debt collectors today to stop phoning my home and they said they are well within their rights to phone as the number is the one my son originally gave them.Can i still send harrassment letter as my son will not speak to them.

Also they are UCS ltd,anyone heard of them?

[sequenci]

Also they are UCS ltd,anyone heard of them?

 

do you have their address?

 

put it in writing that you wish not for them to call your number anymore.

 

if they continue to do so they will be in breach of the administration of justice act 1970 (sec 40) and also the communications act 2003 (sec 127) amongst a few others too.

[marcie63]

When sending the harrassment letter do i send it from me as it is not my debt but my number and household they are harrassing or does it need to be done by my son? It also says that any further correspondence needs to be made in writing but the letters will be ignored by him or could i then return them to sender with not at this address on.

[PriorityOne]

If it was my home they were calling, then the letter telling them to burger off would be from me. Just include your son's ref. number on the letter, so they can link it up with their files. If my daughter had the debt, then that's the way I would handle it, but others may advise otherwise.

[marcie63]

Thats what i wanted to do but did not know if its the right way. Cheers Priorityone.

[djweeble]

It IS the right way, if you do as advised and send them the letters by recorded delivery, they should stop pestering you.

Whether they actually will or not is anyone's guess, but if they don't, you then have legal grounds to nail their butts to a courtroom floor:D

[rambo79]

i am having simular problems to this post but in my case its my nephew who no longer lives with me and i have no idea were he lives as i hav'nt spoke to him since he left my housold but the company who keep phoning me keep pestering me for an address for him even to the point of leaving me a voicemail saying that the are going to sent debt collectors to my house its saved on my bt 1571 but i have recorded it on to my mobile so i have a permenant copy i have downloaded the harrasment letter an im going to send it to them hopfully this stops them i will let you'se know what happens

[davetyms]

okay !! the first thing you do is . do not give any information over the phone.

if the ask for your name .. you ask for their name the first line of their address and post code(this is not work address this is their home) then contact number for the address. They will hang up.

if they threaten a door step visit.(they are not allowed in !!! DO NOT LET THEM IN !! if the push you aside that is assault) sent a "withdraw right of access"

 

What is not noticed nis that giving your personal details to a third party without your consent IS breach of DPA their client is accountable ..

 

pass this on and let me know if it helps

all the info is on the net just do a little searching you can contact me or just follow posts

good luck

[ims21]

okay !! the first thing you do is . do not give any information over the phone.

if the ask for your name .. you ask for their name the first line of their address and post code(this is not work address this is their home) then contact number for the address. They will hang up.

if they threaten a door step visit.(they are not allowed in !!! DO NOT LET THEM IN !! if the push you aside that is assault) sent a "withdraw right of access"

 

What is not noticed nis that giving your personal details to a third party without your consent IS breach of DPA their client is accountable ..

 

pass this on and let me know if it helps

all the info is on the net just do a little searching you can contact me or just follow posts

good luck

 

This thread is 5 and a half years old!

 

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