Any legal eagles here ?

Carphone Whorehouse tried to do me over in error a few months back, and I had all the letters and rubbish despite paying the bills.
Some pretty scary letters regarding people calling round to collect, which despite sounding pretty scary, when you read the rules and did some research they're only allowed to come round and "ask" for the debt, they are under no circumstances allowed to break in and take the telly..
As far as a CCJ goes, its simply a claim a creditor will file against you if you don't repay, if the court rule the judgement and make you repay what you owe, it usually results in £1 a week for the next 30 years or something silly, and your credit score goes to the dogs..
 
To repeat a little of what has gone before:

If your £5 a month is genuinely all that you can afford and you keep up the payments, any magistrate would say that you are being reasonable and trying to service the debt as best you can; they probably would not make an order for any bailiffs or attachment of earnings.

If people come round demanding money, without any court judgement against you, they have no authority to do anything other than ask; they are NOT allowed to speak to neighbours/friends about your debt and they can't have a big van with "DEBT COLLECTION" on the side etc.

If a magistrate does make an order for bailiffs to recover property, they cannot force entry, except for certain cases, as has been mentioned; however, climbing through an open window does not constitute forced entry under these circumstances so if you plan on a siege, make sure everything is secure.

Basically, my advice would be:

1) Send a letter to them asking for all communication by post and ask them to stop the interest; send it recorded/special del' so they have to sign for it.
2) Keep up the payments and send the occasional lump sum if you are able.
3) In all dealings, try to show that you are trying to resolve the matter in a reasonable way.
4) Strive to increase you income and use any excess to pay them rather than **** it up the wall.

Hope this helps.
 
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Strangely , i already have a letter from them stating all interest has been stopped. Then, as if nothing has ever been said, i get phone calls saying i'm behind with my monthly payments, they want it brought up to date etc etc. Its as if one dept. is not talking to the other dept.

And then letters telling me to call or we'll blah blah blah ...as in the letter above with the threats stated.

Maybe i should just ignore the calls and letters, because i'll only have to repeat everything yet again, and as i;m paying them monthly on a reduced payment, as stated in the Inc/Exp form exactly what i can afford, i dont see what there is to talk about anymore.

All this to-ing and fro-ing is merely to get me to pay more. Its like i have a car that maxes out at 80, and they insist that it should do 90
 
So much advice. Some good, some bad and some that doesn't apply on this planet :rolleyes: Why do people feel they can offer advice on a subject that they have no knowledge of?

Visit your local CAB. Most are very good at helping with this sort of thing. Phone them first and arrange an appointment. Tell them it is a debt matter. This way you get to see an expert in this area rather than a general helper.

Do exactly what they advise. But make sure that they do what they say they will and do so in a timely matter. The main criticism I've heard of CABs is that some can be slow off the mark.

Whatever you do, do not approach any of these companies that promise to assist in handling your debt.

With the agreement of your CAB advisor, try to make nominal payments every month.

If you consider the level of calls and letters constitutes harassment then write to them and say that. Once you complain of harassment and ask them to cease then they have to - by law. But it is always best to keep open a channel so, in the letter telling them to cease harassment, tell them to write to your CAB advisor and give their full details.

Keep copies of everything. Maintain a log of calls made, letters received/sent, visits to CAB, payments made.

Good luck.


p.s. get the CAB involved asp - before they pass the matter on to either their in-house debt recovery firm or an outside agency. This only complicates matters and adds considerably to the belief that the left doesn't know what the right is saying/doing.
 
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I phoned them again and asked ( again ) for contact to be made by letter. Also, going to take some advice from the good folk here and try one of the proper help bodies mentioned. Or all of em !
 
bonzo said:
Strangely , i already have a letter from them stating all interest has been stopped. Then, as if nothing has ever been said, i get phone calls saying i'm behind with my monthly payments, they want it brought up to date etc etc. Its as if one dept. is not talking to the other dept.
Click to expand...

I am not surprised. In my experience, people you speak to over the phone =/= people who write to you, even if you try to get someone's name and write to them personally. I am referring to Three btw. So, in my case, when 1 dept said they cancelled my apparent outstanding baclance, I told the other dept. that the first dept. had cancelled everything and I have the conversation/letter saved. Never heard from them again.
 
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