AuthorTopic: any legal bods out there?  (Read 2124 times)

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Offline beast5680

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« on: October 06, 2005, 22:35:07 »
The former occupant of my house is being pursued for an outstanding debt by a credit card company, they have handed it over to a collection agency who have been thru the courts and got a judgement against her and are now looking to collect the debt.
This debt is now 6 years old and she hasnt lived at my address for 7 years, i have owned the house for 5 and 1/2 years and i am still getting threatening letters from the collection agency saying they will seize assets etc despite telling them repeatedly the woman dont live here any more.
I have written to them stating my address, emailed them,faxed them and phoned them and still the letters arrive, anybody got any suggestions to stop the letters as i,m out of ideas.
I cannot believe how incompetent these people are in collecting debts :shock:
Neal

let him that hath understanding reckon the number of the beast

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« Reply #1 on: October 06, 2005, 22:38:00 »
Have you got details of the Credit Card company - can you contact them?

Take copies of the stuff you've recieved and sent to the police and see what they have to say...

Actually, don't they need a court order to sieze goods? maybe you could contact the (county?) court?

Offline beast5680

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« Reply #2 on: October 06, 2005, 22:41:54 »
police now theres a thought :D
we have contacted the credit card who say its not their debt any more so not interested, the collection agency have had about 5 letters from me now, the last ones being very sarcastic at their ability or lack of it to recover the debt :roll:
Neal

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Offline Bob696

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« Reply #3 on: October 06, 2005, 22:59:51 »
To be honest I would ignor them. LET them go to court, its their money to waste on soliciters. They cant take YOU or the house to court only the past occupant and if they screw up and cant trace her then thats their lookout.

The debt will be uncollectable after 6 years (may be why they are getting frantic).

It is ILLIGAL for the collection agency even to knock on your door unless you invite them to do so. If they do, take the reg of the car and call the police. I think the offence is breaching your privacy.

Remeber you do not have to answer ANY of their questions except in court which they cant get you into.

Chill out, you have all the power not them.
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Offline beast5680

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« Reply #4 on: October 06, 2005, 23:03:24 »
i,m not worried about it its just annoying to keep having the letters
Neal

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Offline Wanderer

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« Reply #5 on: October 06, 2005, 23:36:26 »
Have you sent them proof of your tenancy or mortgage?
This was enough to get them off my daughters back. The previous tenant had run up thousands of pounds worth of bills and debt.

I would also put it writing to them that you will be looking for substantial damages for harassment, worry and damage to your reputation should they send you either a more threatening letters or b turn up with a baillif and that you have a copy of all previous letters sent to them lodged with your solicitor.

It might wake them up. especially when you take them to the county court for wasting the courts time. I'd have thought they need the court officials on their side and they don't seem to know what they are doing.
Ed
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Offline Bob696

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« Reply #6 on: October 07, 2005, 06:21:43 »
Are the letters addressed to you (or the occupier)? Then you probably have a case for harresment.

If they arnt addressed to you then what are you doing opening them. Thats illegal  :wink:  In this case just mark the letter "unknown at this address" and pop it back in the post
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Offline TimM

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« Reply #7 on: October 07, 2005, 09:43:12 »
Quote from: "Bob696"
If they arnt addressed to you then what are you doing opening them. Thats illegal  :wink:  In this case just mark the letter "unknown at this address" and pop it back in the post


Thats the best one yet, also you could register the previous occupants name on the Mailing Preference Service . That might stop some of it making it through in the first place.

Good Luck!
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Offline beast5680

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« Reply #8 on: October 07, 2005, 10:27:09 »
they have had proof of mortgage,ocupancy,ownership etc, we sent the letters back for two years then we just binned them for a year now we open them and ring them up and still they dont get the message :roll:  even stopped the post man and told him and rang the post office and still they turn up :lol:
Neal

let him that hath understanding reckon the number of the beast

He, who laughs last, laughs best. He who laughs at Chuck Norris dies.

Offline chris9119

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« Reply #9 on: October 07, 2005, 18:15:04 »
Quote from: "Bob696"
Are the letters addressed to you (or the occupier)? Then you probably have a case for harresment.


Neil

You didn't answer the question of whom they are addressed to!

If they are to the named person who ran up the debt, your best bet is to pay the post office (cheaper and quicker than all those calls, letters, etc that your sending) and have the mail forwarded on to another address, say the debt collectors.

Then they could run around in circles internally saying that the person lives here....... :lol:

Chris

ps: a debt is a debt. the debt collection company buys the debt of the owed company and its then up to them to get the debt recovered.

a friend owed £500 to a credit card company, after 9 years of searching for him, they found him, got the court order and stuff and recovered over £20k of his goods to cover the owed value + interest (£11k) by the time they had resold the £20k worth of stuff, they got their £11k

Chris
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Offline beast5680

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« Reply #10 on: October 07, 2005, 20:01:40 »
they were addressed to the woman who lived here before me, but today i rang the office and spoke to a very nice genleman and patiently explainrd it all again and supposedly he has updated their computer while i was on the phone :D

so i expect another letter in a few months then :lol:
Neal

let him that hath understanding reckon the number of the beast

He, who laughs last, laughs best. He who laughs at Chuck Norris dies.

Offline pritch

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« Reply #11 on: October 07, 2005, 20:12:52 »
I'm having fun and games with the council tax bill for the previous occupant here.

One morning, I came home at about 7am, fresh out of work after a nightshift, to find a man standing on the doorstep, clearly quite keen to be let in.  I asked if I could help, and it turned out he was a bailiff, come to arrest the previous tenant.

Apparently she'd been to court a few weeks prior, and given her old address (i.e, my address!) as her current residence.

Still, he seemed happy enough to believe that I wasn't her.  It must have been me showing him my work security pass which was still hanging round my neck.  Or the beard.
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Offline beast5680

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« Reply #12 on: October 07, 2005, 20:25:54 »
i,ve decided not to get worried about being in debt now, if its taken these muppets over 5 years to get their money and they still havent found her to be able to get it why worry  :lol:
Neal

let him that hath understanding reckon the number of the beast

He, who laughs last, laughs best. He who laughs at Chuck Norris dies.

Offline Range Rover Blues

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« Reply #13 on: October 08, 2005, 02:31:45 »
Unfortunately you'll be in the brown stuff when you want a credit card, they will blacklist your address.  You can take steps to undo this but it's expensive.  Julie has been blacklisted by Orange (bunck of w******) over £11 line rental for a 'phone she never had and quite frankly we can't be bothered about it.  the bank know she's good for the money and gave us a big mortgage and I have 3 cards that can each buy a new car, which is odd because I don't work (not too hard anyway).

Anyway, did you know you should be able to bend a solicitor's ear for an hour FREE OF CHARGE, it's a legal nicety that I believe you're entitled to.  In that space of time he should be able to telll you where you stand etc and what you can do.  I've found in the past that a letter on solicitor's headed paper makes people take more notice, especially if they think you are going to stick it back to them.  You also have citisen's advice if you can spare the time.
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Offline Wanderer

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« Reply #14 on: October 08, 2005, 10:33:38 »
My worry would be that...
Should a warrent be issued (rightly or wrongly) and no one is in at the time then they can enter the property to enforce it.

The fact they have got it wrong won't lessen the grief and bother involved in getting it sorted after they've taken the gear (if they can do that)

So if you see something from them or the courts to say one has been issued then something needs to be done.

As Andy said it does affect your credit rating via the property.
Even now my daughter has problems with credit applications due to the property.
We cleared the problem with CCN but obviously some info is stored elsewhere.
Ed
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Offline beast5680

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« Reply #15 on: October 08, 2005, 12:32:48 »
i have no probs with my credit rating or being blacklisted on this property banks would throw money at me if i let em, trouble is couldnt pay it back :lol:
Neal

let him that hath understanding reckon the number of the beast

He, who laughs last, laughs best. He who laughs at Chuck Norris dies.

Offline Wanderer

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« Reply #16 on: October 08, 2005, 12:51:48 »
I've got the same problem :)
It's fine getting it off them. It's when they come for it back :(

I wonder if I could set up my own debt collection agency and buy my own debt off them and make money out of it :)
Ed
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Offline wibble

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« Reply #17 on: October 08, 2005, 19:21:40 »
Quote from: "Wanderer"
My worry would be that...
Should a warrent be issued (rightly or wrongly) and no one is in at the time then they can enter the property to enforce it.

The fact they have got it wrong won't lessen the grief and bother involved in getting it sorted after they've taken the gear (if they can do that)

So if you see something from them or the courts to say one has been issued then something needs to be done.

As Andy said it does affect your credit rating via the property.
Even now my daughter has problems with credit applications due to the property.
We cleared the problem with CCN but obviously some info is stored elsewhere.



Neal

first of all DONT PANIC
The debt is essentially unenforceable to you, you have taken all the correct steps to inform the collection company of the change of occupier.

I know you state you have spoke to them and wrote but send one more letter explaining

the date of change of occupier and any information you may have on the current whereabouts of the debtor. Also put in the letter that you have tried as much as possible to assist with their investigations and that you hope the matter is now at an end, explain that if they continue to contact you or make any steps to apply a credit blacklist against your address (or even you!) that you will see this as a ''course of conduct amounting to harrassment'' (in that their actions would only be warranted in the lawful execution of their duties. as they are pursuing the course of conduct against you, the new occupier and not the debtor the actions are no longer lawful once you have satisfied them that you are not who they are after) you would then refer this conduct of harrassment to the local police who will take action against the company and get them off your back
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