fair enough, but the law seems to give carte blanche to break into homes willy nilly, so how can their BE illegal entry? It seems to give some reasonable and overdue rights, but at the same time contradicts itself by removing the rights If they have the right to use force to enter property, then there can BE no illegal entry, except when its not the debtors home. The things I read did also say it would come down to how UK judges interpret it, but im just confused by the seeming contradiction, or have they ammended it since? And the installment thing seems pointless, purely to punish the debtor for getting into debt by throwing massive bailiff fee's on top, why not just give the option to remove the bailiff from the equation altogether? put an extra tick box on the CCJ forms - I agree to pay such and such per month if I do not keep to this payment schedule, then I understand my wages will be arrested at source, my employer / payroll no is bla bla. But anything that allows the bailifs to forceably enter premesis and assault the debtor is very very wrong, and seems an incredible thing to propose when apparantly Scotland has just reformed bailiff law to make it very difficult to remove property. Hopefully I am misreading things, and things are as actually good as you say Zooman

just seen stuff about this. It seems bailiffs will be given the right to burst in on you, rabbit punch you to the floor to stop you intefering (there seems to be provisions allowing physical force against debtors) then take EVERYTHING including your pets and to pat you down for any cash your carrying. Oh and the Police service we pay for will be obliged to assist the bailiff in doing these things. and we are a civilised nation how? I hope any government minister that votes for this will suffer a terrible family tragedy. Its not often I wish ill like that on people, but this bill is one step to far into fascism. People in civilised democratic states do not sit at home cowering at the sound of engines outside, in fear that violent thugs will burst in and essentially steal their lives. I can see Personal bankruptcy absolutely skyrocketing - the tight restrictions of being a bankrupt for 5 years seem somewhat amenable compared to the alternative...

I didnt realise that they actually had the right to peaceful entry, on a first visit, without even knocking on your door, to just turn up and go straight through a window :o I assumed they were obliged to get hold of your for first contact How exactly are these archaic laws even enforceable under the human rights act? I should think at least several parts are in violation...

Normally some of their letters would say Debt Purchased from Egg somewhere at the top.

how does £153 a month for 14 months figure up to £18000? just curious

erm, why would they commit a criminal offence and then have it magically appear when its gone to court?

What I have been wondering is, Capquest have purchased the debt, therefore there is no longer any contract with the original creditor, they no longer have your permission to pass your data onto other parties. So by sending some a letter saying they are waiting to get the forms from the original creditor, is that not a written and clear statement that they are planning on violating/breaking Data Protection rules?

I don't mind paying what I owe, but Capquest so far have failed to provide any proof, just an extremely rude phonecall (where i wouldnt confirm identity, wondering who the hell they were till i checked the phone no) he then said, fine we're sending people round your house, and at this point I hadnt confirmed who i was!! followed by demands in the post, that along with all the other posts i have seen on them here and grumbletext has right got my back up frankly. If they cannot fulfill the CCA request then I will either tell them to feck off and forget it, or maybe use it to get a repayment balance and schedule that more reflects what they paid for it, afterall they would be in my hands with no CCA Id rather negotiate a wicked cool deal with them than forget it though, dont like having these debts over my name, though its probably close to statutory limit. Its what gets me with DCA's who have bought the debt, if they made initial contact with a polite letter, and Deed, saying you owe us x amount, we have bought the debt, and so on, people would be far more willing to pay up, and they wouldnt be getting all these lovely CCA requests, they sadly reap what they sow.

This is what I have been hoping lol. I just didnt recall anyone actually having an LBA before, and was panicking cos the letter arrived today (thursday) threatening to file court action saturday, so no time for a CCA request to arrive with them, but if its still bluff then I have time Anyways, I have a few letters from HL Legal who as far as I can gather are disbarred from soliciting as some nice evidence, also the LBA letter basically gives the impression that once sent round a Bailiff can just enter the property: "A court enforcement officer (bailiff) will be assigned immediately to attend your address as endorsed on the warrant. The Bailiff will take an inventory and levy goods. You will be informed that the bailiff has impounded the goods" Now is that skirting the law? it doesnt say he will try and gain peaceful entry or anything, just that he will come around and levy goods... Also I have never received a deed of assignment or notice at all, that they have bought the debt, merely a demand out of the blue for money. Strangely also, is this any indication that they found my new address through dubious means, is that the address is spelt wrongly, so i can tell when a capquest letter has arrived - and sent the last one back as return to sender, so maybe this triggered a nasty LBA threat. Lowell Finance have my new address also and have been sending letters, over a bank account thats mainly charges, so I am going to CCA them, they wont have it of course being a bank account and i never signed anything then take barclays for the charges and offer them to Lowell as full settlement. Lowell at least had the decency to send a Deed of Assignment as first contact. can I take it lack of a Deed from Capquest is a strong indicator they won't be able to fulfill the CCA either?

Help! Just had a letter before action from Capquest - is this just another scare letter or are they going ahead for a CCJ? I have seen loads of posts saying they never actually go to court, but I havent heard of LBA going out before.

Hope someone can help. My parents have been given appalling advice by an Insolvency Practioner which has led to their bankruptcy. Originally, to protect their business and sort out the debts the IP advised that they should go into an IVA. It now turns out, after their solicitor has done some digging that only one of them should have been put onto IVA in order to protect their business (a pub). Things came to a head in court, where the IP's representitive claimed 3 times, in a court to a judge's face that he had not received any payment for his services, £2000, and my parents were therefore lying about their financial standing, this totally destroyed their credibility in front of the judge who immediately ordered the bankruptcy, leaving my parents with no business and no money. The thing is, they have checked with their bank who have confirmed that the payment cheque was paid in and cashed by the IP months ago! So - their case was mismanaged from the start either willfully or through such incompetence the guy should not be allowed to practice anymore. My question is, who exactly do they complain to, due to the lying in court and mismanagement is there anyway they can either reverse the bankruptcy (i wish) or make things easier, or get the bankruptcy term reduced, or do they have a good claim to get the money back from the IP (though presumably this money would then go to creditors) Also, is not knowingly lying in a Court Perjury, and a criminal offence? do they have recourse to that? Matters were not helped by the fact that the judge whos name could possibly ressemble a past norman monarch is well known for having shall we say "sticky fingers"

What happens if you actually take the DCA to court over non CCA compliance and the Judge "compells" them to provide the evidence? big nasty toruble for the DCA one hopes? You get to learn to use all sorts of wonderful acronyms on this site! DCA, CCA, DPA, CRA....

yes, but once the account is sold on, the terms and conditions no longer apply. the original creditor updating how you handle your account is not quite the same as a DCA purchasing your debt then using searches (which in themselves will negatively affect your rating as they show up) to hunt you down.

but surely - anyone you have an account with, your bank say even while your in credit and on good terms cannot go into the CRA to search you without your permission? you usually agree for a credit check upon joining to acertain whether they want you or not, that does not give them the right to continually dip in?

I have been wondering the same to - surely no company has a right to look at your credit file unless you give them permission? and if the original account has been closed and the debt sold on, surely definatly not allowed to look? Violation of Data protection?

Can a Bailiff enter your house regardless if there is a CCJ from a finance company? Or do the usual rules apply - only peaceful entry if you refuse, and not that if you keep your windows and doors locked?

Well its been suggested a few companies have. Not seen anything about Lowell, but certainly accusations have been made of some.

Fair enough. What do I do about the ensuing letters that are bound to occur. I don't want to sign them to prevent my signature suddenly "appearing" on forms I wont ever have seen. Can I just leave my name wordprocessed with the rest of the letter? or get the Missus to sign them for me?

Excellent - I shall CCA Request Lowell Finance. maybe offer them £100 to settle the account in full as a gesture of good will I obviously don't mind paying the actual overdraft since i do owe that rightfully.

Ahh excellent! So a CCA request to Lowell should flummox them for the time being. the account was opened when I was about 11 by a relative (some form of kiddies saving account) upgraded to current account when i was 16 and started working, in 1994. So in theory its unlikely that Lowell would have a signed credit agreement (i dont recall ever signing anything for overdraft..) So am I in a position to bargain with them and only pay the £200 overdraft I do rightfully owe?

I have been getting letters from Lowell Financial, regarding £500 owed to Barclays which they say they have bought. about £300 is charges and £200 overdraft, so fair cop on the overdraft, but Barclays will be receiving a DPA request so I can claim the charges. My main question is does a CCA Request count for overdrafts? Ie could I send Lowell a CCA request, and would they have to comply? Also a card arrived in the door with the post from them - No company name but the card basically says, SORRY YOU WERE OUT, we were trying to contact you. No company name, or what its regarding (i found out it was lowell by researching the contact number given) Does this violate laws or regulations? seeing as its a dodgy way of attempting contact, not stating business, claiming to be hand delivered and not stating who its from? Finally - Crapquest. been getting letters, telograms etc but strangely the address is misspelt - is it just a processing error, or does this signify that they have maybe found my address through "dubious" means? Also they somehow managed to get my pay as you go phone number! which also makes me suspicious they have at least violated data protection getting my details.

Ah would this be HL Legal? word on the street (well the internet) is that HL legal's owner is now disbarred from soliciting, or whatever the technical term is, so I believe capquest are committing some form of offence by masquerading as a solicitors, and giving letters a false legal standing in the eyes of the customer.

The £100 (it may be £200) was authorised, it was the usual case of one missed payment triggering off all sorts of nasty charges, but I don't recall ever signing anything, a relative opened the account on my behalf as a kids account for any pocket money/birthday/xmas monetary gifts etc when I was about 12/13 and when i left school at 16 and got a job, was changed to normal current account. I strongly suspect that the authorised elements of the overdraft were just added by the bank either at their or my behest, with nothing being signed. Its difficult to remember since I had had the account for around 12 years.

I will be once I get my head around all the info on here I was just wondering though, as since an overdraft is "lending" then a CCA request would be in order, but it seems not. Sorry forgot to mention - the debt has been sold to Lowell financial.

What if the account was closed by the bank in 2004? Getting letters chased for payment of £500 over it, and that was a £100 overdraft and the rest is charges.