Jacobs Debt Recovery - "Debt Collecting Agents" Visit HB over payment

[hyperjase]

Just a quick one, this is regarding my partner's debts which are a thread elsewhere, but she's mid applying for a DRO.

 

All her debtors bar one have put everything on hold - Jacobs are just being greedy, inconsiderate and bullying.

 

Got a letter today saying unless a payment offer is made

(have been advised by the National Debtline NOT to make an offer as Jacobs are one of many creditors) they will send out a "Debt Collecting Agent".

Now the previous letter threatened court action but she has received NO court letters so presumibly it hasn't been to court yet.

 

But if I'm right in thinking, these "Debt Collecting Agent" have no rights whatsoever (unlike Court appointed Bailiffs) .. ?

 

Will send a letter by return if this is indeed the case telling them there is a 7 month old child

and my partner is alone with her during the day and this would cause her anxiety and distress.

 

Am I right in thinking the above is right? These pre-court "Agents" have no legal rights to collect the debt?

 

Many thanks.

[fkofilee]

What debt is it for? You need to be clear...

 

Has this gone to court and CCJ been granted?

[Stigman]

Hi,

 

You are right that whoever visits has no legal right whatsoever.

 

If anyone does turn up tell them to leave, if they refuse call the Police who will remove them on your behalf.

 

These so called "Debt Collection Field Agents" are just self-employed cretins and only earn a living off of the commission that they collect.

When they leave they may say Bailiff this, Court that but ignore and feel pleased that they have earned no money from you and infact have lost money through their time and fuel.

 

Stigman

[hyperjase]

The debt is for Housing Benefit overpayment (£146.23) and no court letters have arrived - their last letter has threatened it though. But as of this date, no CCJ as far as I know.

[dx100uk]

never ever pay a DCA on a gov't debt

 

 

they have no authority whatsoever.

 

 

though remember new benefits maybe subject to DWP clawing it back.

 

 

dx

[hyperjase]

See if you think this brings them down a little (sending as a letter):

 

I write with reference to your letter dated 24th March 2015 in which you threaten a visit by your “Debt Collecting Agents”.

 

I would like to point out that legally, your “Debt Collecting Agents” (unlike Court Appointed Bailiffs) have NO legal rights whatsoever to visit or enter my property and I hereby inform you that any visit by any person representing your company is refused and any and all access to the private land of [my address] which includes the driveway immediately after the gates represents trespassing. Any trespassing on the land beyond the boundary of the pavement will be reported to the Police as unauthorised access and I will request they be removed immediately. Any attempt to enter this property will be reported to police as trespassing and video evidence will be gathered to substantiate legal proceedings towards prosecution.

 

I am not some stupid person who doesn’t understand the law. I know my rights and as much as you are playing your heavy-handed tactics, until this has been issued a County Court Judgement (of which I have received no Court paperwork) you have NO legal right to visit or enter this property.

 

I have made my financial position absolutely clear and that the application for the Debt Relief Order is ongoing and you are the only company who doesn’t give consideration to my position. I will be making no offer unless I receive Court paperwork, in which instance I will making the minimum offer (which ultimately will be written off, along with your Court charges when the DRO application is successful).

 

I will not be bullied into paying something I am unable (not unwilling) to pay. I have serious financial problems and the £146 you are requesting is one of the least I owe. Furthermore I have been advised NOT to pay a Government debt to ANY Debt Collection Agency. Any payment or offer of payment would be made directly with the Council.

 

I await your reply, and if you attempt it, what your “Debt Collecting Agents” will be claiming when the police are notified.

[dx100uk]

why bother

they cant do anything to you.

 

 

dx

[hyperjase]

Mainly because I think they should know my partner isn't being bullied into paying. She genuinely is having financial problems and **** companies like these just don't give a toss.

[dx100uk]

what make any diff

a computer cant read

 

 

dx