Debt collectors rights

[willman 10]

FRom Citizens Advice website.

"Creditors are allowed to take reasonable steps to get back the money you owe them. These include:

 

sending reminders and demands for payment

telephoning you to ask for payment

calling at your home, as long as this is at a reasonable time of the day

taking court action. "

 

Until they called they wouldn't have known the lady wasn't the debtor.

 

Postal Services Act 2000

 

Under the Postal Services Act 2000:

 

“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its transmission by post, or intentionally opens a mail bag.”

 

“A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

 

This, in essence, means that if you deliberately intercept, throw away or open somebody else’s post you are likely to be breaking the law.

Edited January 28, 2015 by willman

[Chris_Sleeps 10]

As she dosent have a computer ill be lodging a complaint with scottcall for the way the tool behaved. They will also be warned that if they turn up again and refuse to leave i WILL be removing them personally.

That won't bother them - because that would be you breaking the law.

 

Play their game, just learn the rules better than them. They can't enter the property, and your neighbour isn't liable for the debt. Threaten them with a report to the Financial Conduct Authority, which costs them money.

btw it isn't the debt collectors fault he has to call,neither is it his fault if he legally needs proof/evidence to sign off on his call.

I wouldn't sign anything if I wasn't the debtor. It's their job to prove I owe money, and not my job to prove I don't.

only court appointed baliffs with a high court order can enter your premises.

Close, but not quite. County Court and Magistrates Court can issue the same powers.

 

But I agree, debt collection without a warrant has no right of entry.

Edited January 28, 2015 by Chris_Sleeps

[alchresearch 214]

The correct manner is return to sender on the letter then in the post box.

 

Tried that, didn't work. Quite often they're sent by a mailing house and return to sender is just discarded.

 

Either that or the company possibly thinks the debtor is trying it on in a delaying tactic.

[geared 303]

“A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

 

This, in essence, means that if you deliberately intercept, throw away or open somebody else’s post you are likely to be breaking the law.

 

Without reasonable excuse tho.

 

So if for example you are receiving a ton of mail for a previous tenant thats clearly chasing debts you would have a reasonable excuse, as it is causing you bother (especially if bailiffs turn up).

 

However if a package arrived for your neighbour from Amazon you would not have a reasonable excuse to open it up and help yourself.

[Obelix 11]

That won't bother them - because that would be you breaking the law..

 

If the debt collector has no warrant and has been asked to leave the property then they are trespassing and reasonable force can be used to remove them. If the debt collector resists such attempts then it constitutes an assualt by them.

 

The landowner can empower any person to act on their behalf to remove people - so a neighbour can quite legally chuck them off the land and make them stand on the highway.

 

It's a useful one for removal of the TV licencing goons as well.