Advice Debt collector called - but not my debt!

Right, first of all dont confuse a Debt Colletor with a Bailiff.

A bailiff has to SIA registered, and has the power to enforce a court order. To get a court order, there has to be a court trial, to which you have had the chance to defend yourself, but you lost, a court order to pay money was issued, and you ignored it for 28 days, and the Court Order was given to a Bailiff to enforce.

Not so a Debt Collector. A Debt Collector is any scruffy toe rag, usually fresh out of prison, sitting i na tin hut in a scrap yard full of stolen war memorial. Anyone can be a debt collector, no qualifications or requirements. You have no legal obligation to talk to a debt collector, and in fact The Administration of Justice Act 1970 Part V S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

http://www.legislation.gov.uk/ukpga/1970/31

SO, next time you receive any communication from these scumbags, tell them a) you will only deal with the principle of the alleged debt, and you have no contract with them, and b) they are not to contact you again, and that if they do they will be reported to the police for criminal harassment under the above law. Then give them 15 seconds to get off your land before you set the dogs on them.

If they claim you owe money, they have to prove it in court. The fact they'd rather resort to a set of thugs to try and scare you shows they dont think they have much of a case. Do they have a contract with your signature on where they can prove you agreed to these charges? You need to be bold, and make them prove it.

If anything else happens, come back here for more advice.

Source: http://www.democracyforum.co.uk/talk-about-anything/111752-debt-collector-called-but-not-my-debt.html

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