Even bailiffs cannot seize property, without a CCJ.
The problem with debt agencies is that they make out like they have more power than they do with "clever" wording in their threats, such as "If you do not contact us within 7 days we may arrange a debt collection representative visit to the property" and people instantly think "bailiff" and get scared.
The best way to deal with either, turning up at your door, is with the three step method:-
No contact, No comment, Don't open the door.
Lots of companies do it to scare people. For example, if someone doesn't register or pay for their water rates the water company will send a letter with something like "we may cap the water supply at the property to prevent leaking", hinting that they think the property is empty because no one is paying. Of course, they can't legally cut off water.
Debt companies are the worse, especially when you speak to them. The agents don't want to help. They want to collect cash, and as much as possible. They don't care if the wrong person pays either.
If you ignore them, the next bill may be for 600 quid as they add admin charges .
Be aware the Police wont want to know if they come and take your stuff to cover the bill as its a civil matter.
If the amount had been less I honestly would of adviced just paying it and taking the hit, because these things can get awfully messy and end up costing thousends where the onus is on you proving you dont owe anything,
If you ignore them, the next bill may be for 600 quid as they add admin charges .
Be aware the Police wont want to know if they come and take your stuff to cover the bill as its a civil matter.
If the amount had been less I honestly would of adviced just paying it and taking the hit, because these things can get awfully messy and end up costing thousends where the onus is on you proving you dont owe anything,
Good luck
You do it your way, I would not lift a finger because some ********* are just asking me for money I do not owe.
Everyone to their own, but why jump through hoops for them?
Might even charge them £50 for time taken opening their letters. Well don't they put £100 on the bill if they come for payments, as a call out fee?
If you ignore them, the next bill may be for 600 quid as they add admin charges .
Be aware the Police wont want to know if they come and take your stuff to cover the bill as its a civil matter.
If the amount had been less I honestly would of adviced just paying it and taking the hit, because these things can get awfully messy and end up costing thousends where the onus is on you proving you dont owe anything,
They could turn up tomorow and take his TV and sofa
Utter, utter (re: Rik Mayall) nonce-sense! (re: Chris Morris).
Debt collectors can't take anything from you.
Bailiffs (who can) only turn up after you've lost a CCJ in respect of the debt - which you're unlikely to do, if it doesn't exist and you defended the claimant's action against you (in the County Court).
But what if I just sent a simple email pointing out that there's no way this can be my debt?
Its not like it is actually my debt and they can prove it. I mean, if I thought the debt was mine from way back I can see a need to be all formal with a letter by rec delivery. But really they just need telling that I have zero intention of paying any bogus debt and they cannot possibly have any proof the debt is mine. Once they know that they may go harass somebody else instead.
But at this point Im inclined to just ignore it.
I would follow the advice from the National Debtline if I were you. Now that I have found that letter I intend to use it if I get any more fishing debt letters. The fact is that these letters are VERY COMMON unlike the suggestion another poster is making.
How do you know they are very common? Do you have national statistics on this? I know I've never had one and no one I know has had one. Sure people in this thread say it happens all the time but consider this....
1. These posters have no FACTS to back up these dubious claims.
2. The title of this thread would naturally attract people who might have had these letters so the incidence amongst people posting here would be higher anyway
He is responsible. Here are the FACTS.... the guy has received a letter from a company specialising in debt collection. What evidence do you have that he doesn't owe this money?If I got a parking ticket but came on a forum saying I didn't own a car does that mean it's true simply because I posted it on a forum?
Yes, and even if it was made up someone has been in the same position. Who cares if we can have a good gab about something?
How do you know they are very common? Do you have national statistics on this? I know I've never had one and no one I know has had one. Sure people in this thread say it happens all the time but consider this....
1. These posters have no FACTS to back up these dubious claims.
2. The title of this thread would naturally attract people who might have had these letters so the incidence amongst people posting here would be higher anyway
The numerous threads I have read and the consumer direct forums, which contain more knowledgeable advice than you do.
Well shop direct is not the name of where the original debt was apparently incurred. Its a well known place. I had the name removed from the original post so my case isnt too specific. Never know whose searching the net for info.
But Ive never even shopped with them at all that I can recall and most certainly not had anything on credit. It's 100% BS.
I think Ill ignore them for now and see if I receive another letter. Then I may email them. Im just worried I may get carried away with my insults. They certainly need to know that they do not have any proof of me owing this debt. If they have any agreement its certainly not mine and can't possibly have my signature.
Again, I really dont even want to confirm to them that Ive received the letter and live here. On the brown envelope it says above the window; TO BE OPENED BY THE ADDRESSEE ONLY. THIS IS NOT A CIRCULAR.
I wish Id just not opened it and wrote return to sender on it now
ps; yes statute barred was the term I was trying to remember. Ill throw that in if I ever email them.
I've seen off McKenzie Hall for a £10,000 alleged debt (and another 4 companies they then sold the "debt" on to.)
It is a very distressing and enraging business, so the first thing to say is that you will be fine. You do not owe the debt so nothing bad will happen to you and it is complete bollocks that the bailiffs might come round. As has been pointed out, all bailiffs need a court order so you would first get your chance to destroy these vultures in court before anything like that could happen. But it won't go anywhere near that. Look how much my bill was, and I was chased by every major DC in the UK! :mad:
All the same, they can make things unpleasant until you get rid of them. These companies work by preying on fear and doubt, so the first thing you must do is realize that you are in control and take control.
Your plan sounds fine. As you say, they buy lumps of bad debt and speculate to accumulate. Send out 10,000 nasty letters, a certain number will pay up. They don't care about you and they don't know which of their leads may be a real, recoverable debt. You are just another name on a database which prints off automated mailshots. There's no harm in ignoring the first letter, perhaps they'll leave it there, but I'd be surprised if they scratch your name because of no reply.
Assuming they follow up, the template letter sounds exactly right to me, it mentions all the crucial points. It is 100% factually correct that the legal onus is on them to establish that you are the debtor (which is going to be impossible considering you are not) and after you challenge them they will be breaking trading standards guidelines (harassment) if they continue to contact you without doing so. So if they contact you again, definitely fire off the template letter and let them know you are no mug. They are preying on those poor people without the wherewithal or nerve to stick up for themselves. Evil fu*kin cu*ts.
Do not add any insults, as richly deserved as they are. You just want to be removed from their lists as quickly as possible, so don't provoke some miserable loser who has sold his soul to the Devil into extending your harassment. I don't know what to advise about e-mailing. It might be fine but I would stick with registered delivery because as they have to sign for it, it is impossible to deny that they have received it and it smells of legal know-how.
If you still have any doubts, your local CAB will probably help you deal with this and write the letter on your behalf. my one had a legal beagle around who was amazingly helpful.
Unless the alleged debt is over 6 years old (or five years in Scotland) the Statute Barring thing doesn’t apply so don’t mention it.
Whoever addressed another poster asking "what proof do you have that the OP doesnt owe this debt?";
If I owed the debt I would gladly admit it and ask for advice about dealing with an old debt or whatever. I have no reason to lie on a forum where Im anonymous.
It's the very fact that I know for 100% certainty that this debt has nothing to do with me that has compelled me to start the thread in the first place. I just don't do debt or buy on credit and never have. Never bought a single thing from the said store or even viewed their catalogue. Ive also never had a single letter from them about anything at this address in several years Ive been here. This debt letter is just a random one off nuisance.
So with that established I think I can rest easy that they can't prove nothing whether I ignore them or engage them with a letter. If they send further mail I may send the letter(without my sig!) as adviced.
I've seen off McKenzie Hall for a £10,000 alleged debt (and another 4 companies they then sold the "debt" on to.)
It is a very distressing and enraging business, so the first thing to say is that you will be fine. You do not owe the debt so nothing bad will happen to you and it is complete bollocks that the bailiffs might come round. As has been pointed out, all bailiffs need a court order so you would first get your chance to destroy these vultures in court before anything like that could happen. But it won't go anywhere near that. Look how much my bill was, and I was chased by every major DC in the UK! :mad:
All the same, they can make things unpleasant until you get rid of them. These companies work by preying on fear and doubt, so the first thing you must do is realize that you are in control and take control.
Your plan sounds fine. As you say, they buy lumps of bad debt and speculate to accumulate. Send out 10,000 nasty letters, a certain number will pay up. They don't care about you and they don't know which of their leads may be a real, recoverable debt. You are just another name on a database which prints off automated mailshots. There's no harm in ignoring the first letter, perhaps they'll leave it there, but I'd be surprised if they scratch your name because of no reply.
Assuming they follow up, the template letter sounds exactly right to me, it mentions all the crucial points. It is 100% factually correct that the legal onus is on them to establish that you are the debtor (which is going to be impossible considering you are not) and after you challenge them they will be breaking trading standards guidelines (harassment) if they continue to contact you without doing so. So if they contact you again, definitely fire off the template letter and let them know you are no mug. They are preying on those poor people without the wherewithal or nerve to stick up for themselves. Evil fu*kin cu*ts.
Do not add any insults, as richly deserved as they are. You just want to be removed from their lists as quickly as possible, so don't provoke some miserable loser who has sold his soul to the Devil into extending your harassment. I don't know what to advise about e-mailing. It might be fine but I would stick with registered delivery because as they have to sign for it, it is impossible to deny that they have received it and it smells of legal know-how.
If you still have any doubts, your local CAB will probably help you deal with this and write the letter on your behalf. my one had a legal beagle around who was amazingly helpful.
Unless the alleged debt is over 6 years old (or five years in Scotland) the Statute Barring thing doesn’t apply so don’t mention it.
Thanks.
No, I wasn't planning on including insults if I ever replied. Especially now Ive had days to calm down. And yes I know the staute barred thing doesnt apply to me because it's not my debt at all. But if its somebodies debt(with the same name) and its 6 yrs old then they shouldnt be harassing anybody about it. Least of all the wrong person.
As Ive said, at this stage Im too reluctant to confirm my name/address to them. Ive spoke to my landlord about this because owning many properties and dealing with tons of tenants he's obviously had to deal with debt companies chasing tenants. He basically said, like others, that I shouldnt worry because they will not have proof that its my debt.
But if it is somebodies debt(with a similar name) then they may think they do have proof. It obviously will not have my signature on it though so wouldnt stand up in court against me. However, I may need to just point out to them that they are chasing the wrong person. That's why I thought an email would be enough at this stage. I don't know.
For people that are in debt for catalouges etc debts under 1000 quid
I have worked in call centers all my life and you meet people whom have worked as collectors...
we worked out our own list how to beat debt collectors.
Always handy.
1. A lot of debt collection agencys wont take people to court as its too expensive.
2. Just Ignore the letters, and never admit whom you are on the phone if they do phone- Once they know you will respond they never stop.
3. Get yourself placed on the TPS register as they are bound to the rules of this.
4. Place anyoumus call blocking on you´´re phone
5. After 6 years the debts gone anyway, and you can go on and spend you´re credit again.
I have done this all my life.. and got away with it.
In the end I rang my bank up for a 20 quid over draft, and they offerd me a 6 grand loan. I took it and left the country.
Its a civil matter so they can never arrest me for it.
For people that are in debt for catalouges etc debts under 1000 quid
I have worked in call centers all my life and you meet people whom have worked as collectors...
we worked out our own list how to beat debt collectors.
Always handy.
1. A lot of debt collection agencys wont take people to court as its too expensive.
2. Just Ignore the letters, and never admit whom you are on the phone if they do phone- Once they know you will respond they never stop.
3. Get yourself placed on the TPS register as they are bound to the rules of this.
4. Place anyoumus call blocking on you´´re phone
5. After 6 years the debts gone anyway, and you can go on and spend you´re credit again.
I have done this all my life.. and got away with it.
In the end I rang my bank up for a 20 quid over draft, and they offerd me a 6 grand loan. I took it and left the country.
Its a civil matter so they can never arrest me for it.
So, your solution is to take out loans with no intention of paying them back?
Remember there is a difference between a debt collection agency "trying it on" and a court instructed baillif.
I personally am not trying to avoid paying any debt. To be sent a debt you have no clue about is just annoying. The only thing Im unsure about still is whether to contact them at all. Seems to be mixed advice.
They could turn up tomorow and take his TV and sofa
You should ask them what it's all about - if you're in a flat it could be previous tenant
No they couldn't. Debt Collection Agents can't take anything from your house. A bailiff can if given a warrant by a court, but the court wouldn't issue a warrant unless the creditor could prove the debt existed with the person in question.
For people that are in debt for catalouges etc debts under 1000 quid
I have worked in call centers all my life and you meet people whom have worked as collectors...
we worked out our own list how to beat debt collectors.
Always handy.
1. A lot of debt collection agencys wont take people to court as its too expensive.
2. Just Ignore the letters, and never admit whom you are on the phone if they do phone- Once they know you will respond they never stop.
3. Get yourself placed on the TPS register as they are bound to the rules of this.
4. Place anyoumus call blocking on you´´re phone
5. After 6 years the debts gone anyway, and you can go on and spend you´re credit again.
I have done this all my life.. and got away with it.
In the end I rang my bank up for a 20 quid over draft, and they offerd me a 6 grand loan. I took it and left the country.
Its a civil matter so they can never arrest me for it.
People like you caused the global credit problems.
Not the bank who lent you the money.
Not the government who allowed banks to lend money.
But yourself, the person who made the final decision to take the money, spend it and not pay it back.
I personally am not trying to avoid paying any debt. To be sent a debt you have no clue about is just annoying. The only thing Im unsure about still is whether to contact them at all. Seems to be mixed advice.
The TPS register is no good. It's a register which you sign up to and all UK companies are bound to it - it means that they can not 'cold call' you. Cold calling is where they call you out of the blue to sell you something for example. DCA's can call you whether you're TPS or not because they are calling you about an (alleged) dealing you have with them.
I would check your credit files with Exeprion and Equifax and the other one I can't remember the name of it though to see if everything is still okay with them and to make sure no one has opened anything in your name or that this debt hasn't been registered against you.
To the previous poster who said ignore it it goes away after 6 years - 6 years is a long time especially if you need credit for anything. I had an old defaulted debt from when I was young and stupid on my file a couple of years ago that was going to come off in a matter of months and it caused no end of problems when I was applying for a mortgage even though it was almost 6 years old and I had been debt free for nearly 6 years.
If you ignore them, the next bill may be for 600 quid as they add admin charges .
Be aware the Police wont want to know if they come and take your stuff to cover the bill as its a civil matter.
If the amount had been less I honestly would of adviced just paying it and taking the hit, because these things can get awfully messy and end up costing thousends where the onus is on you proving you dont owe anything,
Good luck
What rubbish. The onus is on them to prove you owe the debt.
OP you have been given some good advice on here, sadly much of this is poor advice.
Comments
The problem with debt agencies is that they make out like they have more power than they do with "clever" wording in their threats, such as "If you do not contact us within 7 days we may arrange a debt collection representative visit to the property" and people instantly think "bailiff" and get scared.
Rather like TVL.
The best way to deal with either, turning up at your door, is with the three step method:-
No contact, No comment, Don't open the door.
Lots of companies do it to scare people. For example, if someone doesn't register or pay for their water rates the water company will send a letter with something like "we may cap the water supply at the property to prevent leaking", hinting that they think the property is empty because no one is paying. Of course, they can't legally cut off water.
Debt companies are the worse, especially when you speak to them. The agents don't want to help. They want to collect cash, and as much as possible. They don't care if the wrong person pays either.
Talk to citizen advice
If you ignore them, the next bill may be for 600 quid as they add admin charges .
Be aware the Police wont want to know if they come and take your stuff to cover the bill as its a civil matter.
If the amount had been less I honestly would of adviced just paying it and taking the hit, because these things can get awfully messy and end up costing thousends where the onus is on you proving you dont owe anything,
Good luck
Since the OP doesn't owe the money, it doesn't matter how large the bill gets.
It's not a civil matter if they break in, or assault you.
The onus isn't on you to prove you don't owe it.
The onus is on them to prove you do owe it.
You do it your way, I would not lift a finger because some ********* are just asking me for money I do not owe.
Everyone to their own, but why jump through hoops for them?
Might even charge them £50 for time taken opening their letters. Well don't they put £100 on the bill if they come for payments, as a call out fee?
Utter, utter (re: Rik Mayall) nonce-sense! (re: Chris Morris).
Debt collectors can't take anything from you.
Bailiffs (who can) only turn up after you've lost a CCJ in respect of the debt - which you're unlikely to do, if it doesn't exist and you defended the claimant's action against you (in the County Court).
I would follow the advice from the National Debtline if I were you. Now that I have found that letter I intend to use it if I get any more fishing debt letters. The fact is that these letters are VERY COMMON unlike the suggestion another poster is making.
1. These posters have no FACTS to back up these dubious claims.
2. The title of this thread would naturally attract people who might have had these letters so the incidence amongst people posting here would be higher anyway
Yes, and even if it was made up someone has been in the same position. Who cares if we can have a good gab about something?
The numerous threads I have read and the consumer direct forums, which contain more knowledgeable advice than you do.
No, do not ignore them. If this is a legit debt then the next lefter could be a court summons.
At which point, the plaintiff will have to produce proof the OP owes the money.
It is a very distressing and enraging business, so the first thing to say is that you will be fine. You do not owe the debt so nothing bad will happen to you and it is complete bollocks that the bailiffs might come round. As has been pointed out, all bailiffs need a court order so you would first get your chance to destroy these vultures in court before anything like that could happen. But it won't go anywhere near that. Look how much my bill was, and I was chased by every major DC in the UK! :mad:
All the same, they can make things unpleasant until you get rid of them. These companies work by preying on fear and doubt, so the first thing you must do is realize that you are in control and take control.
Your plan sounds fine. As you say, they buy lumps of bad debt and speculate to accumulate. Send out 10,000 nasty letters, a certain number will pay up. They don't care about you and they don't know which of their leads may be a real, recoverable debt. You are just another name on a database which prints off automated mailshots. There's no harm in ignoring the first letter, perhaps they'll leave it there, but I'd be surprised if they scratch your name because of no reply.
Assuming they follow up, the template letter sounds exactly right to me, it mentions all the crucial points. It is 100% factually correct that the legal onus is on them to establish that you are the debtor (which is going to be impossible considering you are not) and after you challenge them they will be breaking trading standards guidelines (harassment) if they continue to contact you without doing so. So if they contact you again, definitely fire off the template letter and let them know you are no mug. They are preying on those poor people without the wherewithal or nerve to stick up for themselves. Evil fu*kin cu*ts.
Do not add any insults, as richly deserved as they are. You just want to be removed from their lists as quickly as possible, so don't provoke some miserable loser who has sold his soul to the Devil into extending your harassment. I don't know what to advise about e-mailing. It might be fine but I would stick with registered delivery because as they have to sign for it, it is impossible to deny that they have received it and it smells of legal know-how.
If you still have any doubts, your local CAB will probably help you deal with this and write the letter on your behalf. my one had a legal beagle around who was amazingly helpful.
Unless the alleged debt is over 6 years old (or five years in Scotland) the Statute Barring thing doesn’t apply so don’t mention it.
If I owed the debt I would gladly admit it and ask for advice about dealing with an old debt or whatever. I have no reason to lie on a forum where Im anonymous.
It's the very fact that I know for 100% certainty that this debt has nothing to do with me that has compelled me to start the thread in the first place. I just don't do debt or buy on credit and never have. Never bought a single thing from the said store or even viewed their catalogue. Ive also never had a single letter from them about anything at this address in several years Ive been here. This debt letter is just a random one off nuisance.
So with that established I think I can rest easy that they can't prove nothing whether I ignore them or engage them with a letter. If they send further mail I may send the letter(without my sig!) as adviced.
Thanks.
No, I wasn't planning on including insults if I ever replied. Especially now Ive had days to calm down. And yes I know the staute barred thing doesnt apply to me because it's not my debt at all. But if its somebodies debt(with the same name) and its 6 yrs old then they shouldnt be harassing anybody about it. Least of all the wrong person.
As Ive said, at this stage Im too reluctant to confirm my name/address to them. Ive spoke to my landlord about this because owning many properties and dealing with tons of tenants he's obviously had to deal with debt companies chasing tenants. He basically said, like others, that I shouldnt worry because they will not have proof that its my debt.
But if it is somebodies debt(with a similar name) then they may think they do have proof. It obviously will not have my signature on it though so wouldnt stand up in court against me. However, I may need to just point out to them that they are chasing the wrong person. That's why I thought an email would be enough at this stage. I don't know.
I have worked in call centers all my life and you meet people whom have worked as collectors...
we worked out our own list how to beat debt collectors.
Always handy.
1. A lot of debt collection agencys wont take people to court as its too expensive.
2. Just Ignore the letters, and never admit whom you are on the phone if they do phone- Once they know you will respond they never stop.
3. Get yourself placed on the TPS register as they are bound to the rules of this.
4. Place anyoumus call blocking on you´´re phone
5. After 6 years the debts gone anyway, and you can go on and spend you´re credit again.
I have done this all my life.. and got away with it.
In the end I rang my bank up for a 20 quid over draft, and they offerd me a 6 grand loan. I took it and left the country.
Its a civil matter so they can never arrest me for it.
So, your solution is to take out loans with no intention of paying them back?
Remember there is a difference between a debt collection agency "trying it on" and a court instructed baillif.
I personally am not trying to avoid paying any debt. To be sent a debt you have no clue about is just annoying. The only thing Im unsure about still is whether to contact them at all. Seems to be mixed advice.
No they couldn't. Debt Collection Agents can't take anything from your house. A bailiff can if given a warrant by a court, but the court wouldn't issue a warrant unless the creditor could prove the debt existed with the person in question.
People like you caused the global credit problems.
Not the bank who lent you the money.
Not the government who allowed banks to lend money.
But yourself, the person who made the final decision to take the money, spend it and not pay it back.
By the way, I think you're trolling.
The TPS register is no good. It's a register which you sign up to and all UK companies are bound to it - it means that they can not 'cold call' you. Cold calling is where they call you out of the blue to sell you something for example. DCA's can call you whether you're TPS or not because they are calling you about an (alleged) dealing you have with them.
To the previous poster who said ignore it it goes away after 6 years - 6 years is a long time especially if you need credit for anything. I had an old defaulted debt from when I was young and stupid on my file a couple of years ago that was going to come off in a matter of months and it caused no end of problems when I was applying for a mortgage even though it was almost 6 years old and I had been debt free for nearly 6 years.
What rubbish. The onus is on them to prove you owe the debt.
OP you have been given some good advice on here, sadly much of this is poor advice.