Debt Collectors - what can they do?

[Movingon]

Debt collectors, DCA's, whatever you want to call them...

 

Can they ask for a statement of means? Can they demand intimate details of your finances? If so, what statute grants them these rights?

 

I just remember them calling and so on, demanding money (with menaces in my opinion), and when offered "x" amount, they wanted a statement of means to decide how much the required payment would be. They wanted to know EVERY outgoing. Obviously in our case it was in our interest to send it; we had absolutely nothing left with which to pay them... but if I'd known then what I know now, I don't think we'd have been anywhere NEAR as accomodating.

[Seminole]

Assuming that they haven't purchased the debt they can do very little.

 

They do not have the right to enter your home. They do not have the right to turn up on your doorstep and hector you. They do not have the right to telephone your neighbours and tell them you're a debtor. They do not have the right to pester you by telephone. They do not have the right to write you misleading letters that look like court documents. They do not have the right to demand that you fill in an income and expenditure form, make you tell them what you or any member of your family earn. They do not have the right to harass you.

 

They have no more power than you would do if I asked you to get the £10 back I lent to Bookworm the other day. They just want you to think that they do.

[Seminole]

Oh, and they CANT initiate court proceedings themselves and the companies that use them are responsible for their actions.

[Movingon]

...and what if they HAVE bought the debt?

[Seminole]

...and what if they HAVE bought the debt?

 

They do not have the right to enter your home. They do not have the right to turn up on your doorstep and hector you. They do not have the right to telephone your neighbours and tell them you're a debtor. They do not have the right to pester you by telephone. They do not have the right to write you misleading letters that look like court documents. They do not have the right to demand that you fill in an income and expenditure form, make you tell them what you or any member of your family earn. They do not have the right to harass you.

 

BUT they CAN bring legal proceedings.

[Nightmare4banks]

Hi all!

 

I would appreciate the answers to the following questions:

 

1.What happens if the debt is disputed with the original creditor but the debt collecting company having purchased the debt pursues the debtor for the full amount?

 

2.Also,what are the obligations of a DCA that purchases a debt towards a debtor i.e.does the DCA have to send all the docs.etc to the debtor to confirm ownership? Also,without the CCA request and the £1 statutory fee.

 

3.Can a DCA that has purchased a debt attempt to make debtor pay a larger amount than the debtor can afford and if the debtor does not pay that higher amount take the debtor to court?

 

Many thanks in advance.

[elsinore]

Hi all!

 

I would appreciate the answers to the following questions:

 

1.What happens if the debt is disputed with the original creditor but the debt collecting company having purchased the debt pursues the debtor for the full amount?

 

2.Also,what are the obligations of a DCA that purchases a debt towards a debtor i.e.does the DCA have to send all the docs.etc to the debtor to confirm ownership? Also,without the CCA request and the £1 statutory fee.

 

3.Can a DCA that has purchased a debt attempt to make debtor pay a larger amount than the debtor can afford and if the debtor does not pay that higher amount take the debtor to court?

 

Many thanks in advance.

 

Hello Nightie, all the answers (I'm pleased to say positive ones) to your questions can be found here

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3525&highlight=debt+collection+agencies

 

There are other threads (search - debt collection agencies) but the above is the most comprehensive, particularly the advice from seminole.

 

Onwards and upwards

 

Elsinore

[Nightmare4banks]

Hi all!

 

Elsinore,many thanks for that!

 

I will have to read through all the posts and grasp the ins and outs.

 

Alot of the DCA laws etc are double dutch to me!

 

However,bit by bit I am grasping the lot.

 

If I need more guidance,I will ask.

 

I like to be well informed because at the end of the day:

 

KNOWLEDGE IS POWER!!!

[nexusdee]

Hi wonder if u can offer me advice. Over a year ago I switched gym membership, i cancelled the old DD and was happy the new one was going out, to cut a long story short in error i cancelled the new one and left the old one running (this is because the DD payee names were very silimar and i got them confused). First I heard about it was a letter from the debt collection agency. This was when I realised my error. I told them I would happily pay the £200 outstanding gym membership but they told meI also had to pay and additional £150 for their charges. I couldnt afford £350 in one payment so I offerered to set up a DD - I was told that if i did that I would have to pay a £15 set up fee and an extra £3 per DD. I work with DD's and I know that the amount I would pay a month would not be £3 in bank costs to them, neither do I agree with a £15 set up fee, then again neither do I agree with paying them an additional £150. I am happy to pay the original outstanding amount of £200 as it was my mistake that the membership wasnt paid. Can anyone offer any advice if they can legally enforce these charges?