Another collection company has now taken on our 12 and a half year mortgage shortfall ( so called ). They are sending round the " local boys " in the next few days ! We have asked every collection agency that has bought this debt ( 6 of them to date )to take us to court but to no avail. Any suggestions on how to deal with them when they turn up would be most appreciated.

Many thanks

-- SUE GATES (sue.gates@ntlworld.com), July 17, 2003

Answers

dont answer the door, nothing they can do. You can also call the police as its harrassment.

-- neil (neilaw_uk@yahoo.co.uk), July 17, 2003.

Sue,

Have you seen my posting on "OFT publishes guidance on unfair debt collection practices" ? You should also find out whether this alleged debt has been properly assigned to the debt collector by the lender. I would also contact the OFT and ask for their advice. If you do I would be interested to hear what they have to say. Presumably you've checked out the statute barring and CML 6 year voluntary code angles?

Mark.

-- M Amos (idgroms@hotmail.com), July 17, 2003.

Sue

I endorse what Mark says and in addition if you haven't asked them to prove the debt by providing all the relevant documents (see do's and don'ts, then you should consider SARNing them NOW) I will e mail you direct a copy of a SARN letter. You should SARN the lender and the current debt collecter and anyone else you think necessary.

If you want more help you need to tell us:

When you first defaulted. When the house was reposessed. When the house was sold. When and if you have admitted liability. When they first contacted you after reposession If there is an MJO for the shortfall (check your credit file).

Remember if you have no assets they can't take what you don't have. But don't put these details on the site...e mail us direct as the lenders read the site.

Debt collectors can't enter your home without a court order so you could call the police if anyone has the cheek to come to your door. If they do take their Registration number of their car and report them for a breach of the peace (as they are putting you in a state of fear or alalarm for asking for money for a debt you consider you are not liable for). Might seem petty but it will show you are not going to be intimidated.

Read the info on the site..print it off and take your time reading it ...you will feel more empowered once you know what you're dealing with.

Keep in touch

Moira

-- moira (Anderston828@aol.com), July 17, 2003.

PS- its also against the Human Rights act to pester you at home under section "The Right To Privacy", so threaten em with that if ya like :- )

-- Neil (neilaw_uk@yahoo.co.uk), July 18, 2003.

Thank you so much to everyone who took the time to respond. I am currently looking into the "Rights" of the debt collection agency and have submitted a question to the Liberty web site re: my Human Rights as advised.

-- SUE GATES (sue.gates@ntlworld.com), July 18, 2003.

Sue,

You might like to investigate "The Administration of Justice Act 1970" too, see posting 29 sept 2002 by Geoff Winters.

Mark.

-- M Amos (idgroms@hotmail.com), July 18, 2003.