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Original poster

i hate asking on here for money advice, but need help

33 replies

misdee · 23/04/2008 10:07

have been getting letters from debt collections for a debt that is either close to or over 6years old.

today they said they will send bailiffs round.

i dont know what to do.

i am certianm this dent was last aknowledge over 6years ago in dec 01.

but i really dont want to be scared to open my door.

should i phone and ask for payment slip so i can pay cash at the bank and know its over.

or stand my ground.

feel so worried and stressed.

i'm going to get flamed arent i?

i was so certain we cleared everything from that period with the sale of the flat, seems so stupid that i missed one thing to be paid

i am with myself as well.

OP posts:
littlemissbossy · 23/04/2008 10:20

Have no experience of this, sorry misdee, but didn't want your thread to go unanswered. Have you tried calling the Citizens Advice Bureau?

VacantlyPretty · 23/04/2008 10:21

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Original poster
misdee · 23/04/2008 10:23

£220

i think i have that amount or near to it in savings (baby fund) but cant find my password to check account.

OP posts:
SmugColditz · 23/04/2008 10:25

Is it a legit collector? because there has been some dodgy ones around lately, so make sure they actually have the right to collect first.

[sympathy] because I know how hard it is to keep track of everything when you have the dogs baying at the door.

VacantlyPretty · 23/04/2008 10:27

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Original poster
misdee · 23/04/2008 10:27

its capquest?

OP posts:
Original poster
misdee · 23/04/2008 10:28

its for a catalogue.

feel so stupid as was so sure i cleared everything.

OP posts:
VacantlyPretty · 23/04/2008 10:28

Message withdrawn

VacantlyPretty · 23/04/2008 10:29

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Original poster
misdee · 23/04/2008 10:30

but what if they do send the bailiffs round. what can i legally do? tell them to bog off?

OP posts:
VacantlyPretty · 23/04/2008 10:31

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nervousal · 23/04/2008 10:33

If you really do still owe the money can't you contact the catalogue company and arrange to pay them back over time? I'm nto an expert but I imagine that just ignoring this and hoping it will go away won't actually solve any problems - and could make things worse if they start adding other charges onto your debt?

VacantlyPretty · 23/04/2008 10:35

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VacantlyPretty · 23/04/2008 10:36

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Original poster
misdee · 23/04/2008 10:37

they are chasing in my maiden name.

OP posts:
LIZS · 23/04/2008 10:39

Would n't they need a court order to send bailiffs. Can you ring CAB for advice ?

Catz · 23/04/2008 10:40

Unless they've got a court order they have no right to enter your house at all. You should know if they had a court order as they would have had to sue you to get it. If they turn up then don't open the door, if you do then they may try to get in. Tell them (through the door) that you do not have any debts owing to them, if they think otherwise they will have to send you proof not threats and that you will call the police if they do not leave your property and cease harassing you.

They will probably not turn up at all. Often they use threats like this to scare people into paying. It's much cheaper than doing things properly... We had a stupid incident with a gas company who'd made a mistake over our last bill before we moved house. Several years later they started sending letters saying the bailiffs round and making threatening calls to us at work etc. No-one every came round (was for a similar amount) and the gas company ended up sending us compensation when we complained about it.

WendyWeber · 23/04/2008 10:42

nutcracker had something like this recently, hers was also over 6 years old - I never heard the end to that come to think of it, but it sounded then as if it was just a try-on and so does this.

I'll see if I can find the threade.

TheBlonde · 23/04/2008 10:42

direct gov

Link has info on what they can and can't do

I agree with LIZS they can't send proper bailiffs round without a CCJ - they won't get that for an old debt

Stand your ground, if they come round you don't have to open the door
Speak to them through it and ask for proof of the debt

TheDuchessOfNorksBride · 23/04/2008 10:43

Hi misdee, check this with cod, but I think anyone who comes to the door claiming to be a bailiff MUST have a court order (or something similar) in order to able to remove goods from your house??

I imagine there is a niche market of Debt Collection Agencies who buy up lists of old debts and try their luck.

Have you any letters from the catalogue company saying what they decided to do 6 years ago or more recently saying they've 'passed your debt over to capquest' etc?

Original poster
misdee · 23/04/2008 10:44

i have nothing at all from the catalogue company. we have moved a lot in the last 6years. i thought i had paid everything off, and obviously as cleared things i didnt update addresses.

OP posts:
TheDuchessOfNorksBride · 23/04/2008 10:46

Ah! My bailiff needs court order thinking has been confirmed already!

WendyWeber · 23/04/2008 10:46

someone else it was happening to, referring to nutty's

nutty's thread (it was longer ago than I remembered!)

HTH

Original poster
misdee · 23/04/2008 10:47

letter says they will start legal proceedings tomorrow. they may then see an order of the court directing me to pay monies outstanding., then if they are successful and it is nesscessary to do so they will seek to enforce such an order with warrent of exection. in the event that they do obtion a warrent of execution a court enforcement officier will be assigned to my address to carry out the warrent.

rereading that its a lot of 'ifs' isnt it?

OP posts:
TheBlonde · 23/04/2008 10:51

link from nutty's thread

it has a sample letter to write back to the creditor telling them about the Limitation Act and disputing that you owe the debt.

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