The Student Room Group

Debt collectors!

My flatmate is a mess, so much so she'd rather go out partying and getting laid than paying any bills etc..I knew she's been struggling with some bills for a while, but today I found a letter saying shes missed payments on her car insurance, and despite several attempts by them to get hold of her, she's not responded so are now reffering her debt to a debt collection agency, with an additional fee on top..

From what I know and gather, this now means they will be coming to the flat and taking goods to pay off the debt right?
Thing is, what if they want to take my stuff instead. How can I stop them taking my things and proove things are mine? I paid for the TV for example, and there should be a reciept around still somewhere, but theres an xbox one and xbox 360 in the living room, kitchen appliances etc, then in my room I have a tablet, phones, a pc etc pretty much none of which I still have reciepts of..
Im afraid now that one day while im at work, debt collectors will arrive and take a load of my things.

Trouble is, she doesnt have much of her own..an old ipad, a kindle, a phone still running android 2.3, and another tv..so what would they do?!

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Original post by Johnsheppard99
My flatmate is a mess, so much so she'd rather go out partying and getting laid than paying any bills etc..I knew she's been struggling with some bills for a while, but today I found a letter saying shes missed payments on her car insurance, and despite several attempts by them to get hold of her, she's not responded so are now reffering her debt to a debt collection agency, with an additional fee on top..

From what I know and gather, this now means they will be coming to the flat and taking goods to pay off the debt right?
Thing is, what if they want to take my stuff instead. How can I stop them taking my things and proove things are mine? I paid for the TV for example, and there should be a reciept around still somewhere, but theres an xbox one and xbox 360 in the living room, kitchen appliances etc, then in my room I have a tablet, phones, a pc etc pretty much none of which I still have reciepts of..
Im afraid now that one day while im at work, debt collectors will arrive and take a load of my things.

Trouble is, she doesnt have much of her own..an old ipad, a kindle, a phone still running android 2.3, and another tv..so what would they do?!


can't you take legal action if they take the wrong stuff or something like that?
Original post by thefatone
can't you take legal action if they take the wrong stuff or something like that?


Don't you have to be able to prove without a doubt though that its yours, as in with reciepts etc? Thats the bit that bothers me, as most of the things I have I dont have any reciepts on hand..
So my worry is they could come in, say take the TV and my tablet and say printer, the TV I could prove was mine after however many weeks of dragging things out, but then the tablet I bought 3-4 years ago and can't even remember where from, and parents bought the printer a year ago, so it would be on us to prove that I owned them and not her right?
Reply 3
Speak to her ASAP and tell her you are concerned about the debt collecters,you have a right to some sort of explanation/reassurance if debt collecters will be coming round to your shared flat. If she refuses to coperate I would phone them up myself and explain the situation since I lived there too and all that but I'm not sure if that's all too legal etc you would have to look into it.
If you are especially worried about some of your items is there anyway you could store valuables (tvs,computers etc) at your parents/grandparents/or anybody you trust well enough? If debt collecters do come they won't go knocking on your relatives doors as it has little to do with you.
Reply 4
Maybe this thread can be of help to you? I've not read through it all but it sounds like a similar situation :
http://www.thestudentroom.co.uk/showthread.php?t=2327810
Also this might be of help:
https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/#what_things_can_the_bailiffs_take
Original post by Johnsheppard99
Don't you have to be able to prove without a doubt though that its yours, as in with reciepts etc? Thats the bit that bothers me, as most of the things I have I dont have any reciepts on hand..
So my worry is they could come in, say take the TV and my tablet and say printer, the TV I could prove was mine after however many weeks of dragging things out, but then the tablet I bought 3-4 years ago and can't even remember where from, and parents bought the printer a year ago, so it would be on us to prove that I owned them and not her right?


ok

surely you could go to the place of purchase where you got all this stuff and tell the debt collectors that you bought stuff from there? surely the shops who sold you stuff will keep a record of sales right?
Reply 6
For proof of purchase maybe bank statements would do to some extent?? Maybe
She sounds like a bloody nightmare, you need to purge these degenerates from your life.
Reply 8
Also, my husband owed £100 to the local council and they sent us a letter saying they would be passing the debt onto an agency. The agency then sent letters with threats of legal action. I phoned them up and the woman on the phone was happy to help and let my husband break down the payments and just pay what he could each month. Ask your flatmate to phone up the agency and they are usually nice enough people and understand money is tight but you must be willing to coperate!
I live in Scotland though so laws might differ slightly on debt than in England,i'm not sure :s-smilie:
Original post by Johnsheppard99
My flatmate is a mess, so much so she'd rather go out partying and getting laid than paying any bills etc..I knew she's been struggling with some bills for a while, but today I found a letter saying shes missed payments on her car insurance, and despite several attempts by them to get hold of her, she's not responded so are now reffering her debt to a debt collection agency, with an additional fee on top..

From what I know and gather, this now means they will be coming to the flat and taking goods to pay off the debt right?
Thing is, what if they want to take my stuff instead. How can I stop them taking my things and proove things are mine? I paid for the TV for example, and there should be a reciept around still somewhere, but theres an xbox one and xbox 360 in the living room, kitchen appliances etc, then in my room I have a tablet, phones, a pc etc pretty much none of which I still have reciepts of..
Im afraid now that one day while im at work, debt collectors will arrive and take a load of my things.

Trouble is, she doesnt have much of her own..an old ipad, a kindle, a phone still running android 2.3, and another tv..so what would they do?!



Will the debt collectors visit my house?
A collection agency can send someone to your house. They may call this person a ‘doorstep collector’ or ‘field agent’.

In practice it’s not common for debt collectors to visit you at home.

If a debt collection agent calls at your house, remember:

They are not a bailiff (enforcement agent) or a sheriff officer. Pretending to be one of these can be a criminal offence

You don’t have to open the door or let them in

They must show proof of ID

They must leave if you ask them to

They can’t take anything from your house

If a collection agent visits you at home, you don’t have to make cash payments to them. It’s much safer to call the company later and set up a standing order at an amount you can definitely afford.

If you pay a collection agent in cash, they’re more likely to keep coming back for more payments. If you do make any payments at the door, makes sure you get a receipt.

If she ever had bailiffs coming after her then they do have powers, but not ones to take your property, so no need to worry.

So no need to panic. they wll just cancel her policy. If they do she must not drive her car without insurance. You have probably misread the letter as well as they are meant to scare.

Your flatmate probably doesnt know what to do, but she should either contact her local can for an appointment with CAB or stepchange.

0800 138 1111
http://www.stepchange.org/Contactus.aspx

https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/search-for-your-local-citizens-advice/

Once she draws up a budget she cna handle her creditors and they will leave her alone.
(edited 8 years ago)
They aren't legally allowed to take anything. Only Bailiffs are after court process.
Don't let them in.
They also don't do that, but will pursue her in other ways - through courts as she hasn't been through them from sounds of it. From what I understand they'll be calling her constantly.
Only when bailiffs become involved, after a court process, will you need to worry.

I suggest you tell them to buck up and pay now.
Why are you reading her mail?
Make sure you are covered for bills that you are jointly responsible for.
Original post by Johnsheppard99
My flatmate is a mess, so much so she'd rather go out partying and getting laid than paying any bills etc..I knew she's been struggling with some bills for a while, but today I found a letter saying shes missed payments on her car insurance, and despite several attempts by them to get hold of her, she's not responded so are now reffering her debt to a debt collection agency, with an additional fee on top..

From what I know and gather, this now means they will be coming to the flat and taking goods to pay off the debt right?
Thing is, what if they want to take my stuff instead. How can I stop them taking my things and proove things are mine? I paid for the TV for example, and there should be a reciept around still somewhere, but theres an xbox one and xbox 360 in the living room, kitchen appliances etc, then in my room I have a tablet, phones, a pc etc pretty much none of which I still have reciepts of..
Im afraid now that one day while im at work, debt collectors will arrive and take a load of my things.

Trouble is, she doesnt have much of her own..an old ipad, a kindle, a phone still running android 2.3, and another tv..so what would they do?!


they'll take the car first and that should cover it right and just show them what's hers and let them take it all as there's nothing else left or just contact her relatives to cover the bill or get her to pay it off
Original post by jamesthehustler
they'll take the car first and that should cover it right and just show them what's hers and let them take it all as there's nothing else left or just contact her relatives to cover the bill or get her to pay it off


They wont be taking anything they are just debt collectors.
Original post by 999tigger
They wont be taking anything they are just debt collectors.


they can take stuff in order to secure a payment and return at the end or sell them at auction which is where i wait to buy the right stuff for me to sell
Original post by jamesthehustler
they can take stuff in order to secure a payment and return at the end or sell them at auction which is where i wait to buy the right stuff for me to sell


they are debt collectors not bailiffs.
Original post by 999tigger
they are debt collectors not bailiffs.


i'm taking my credentials from my uncle who did it for 6 years
Original post by jamesthehustler
i'm taking my credentials from my uncle who did it for 6 years


ahh knowledge by osmosis. Debt collectors are just people chasing debts like you and me. If they wnat to start taking property it either has to be becayse its worked into the agreement already i.e a car on lease or becayse they have a court order to do so.

Bailiffs have powers to enforce judgemnts fom the court.

So was your uncle just a debt collector or a bailiff?
Original post by jamesthehustler
i'm taking my credentials from my uncle who did it for 6 years


Debt collectorsMany lenders use debt collection companies to collect debts on their behalf because it works out cheaper for them. This is a normal part of the recovery process and you shouldn't worry if you are contacted by a debt collector for money you owe. Debt collectors don't have any extra powers but you may find that they're more persistent.

Don't let debt collectors pressure you into making arrangements you can't keep up. Treat debt collectors in the same way as you would any other creditor.

Some debt collectors may pretend to have more legal powers than they really have. For example, they may say that they can take your goods away, when in fact only a bailiff can do this and they need to get a court order first. If a debt collector does this, you should complain to them or to the creditor whose debt they are collecting. If you are still not satisfied or the complaint is not sorted out, you can complain to the Financial Ombudsman Service.

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/how-to-deal-with-your-creditors/
^^^This

Most of them are cowboys with no legal authority whatsoever. They rely on intimidating people who aren't aware of this.

Who's name is on the tenancy to the flat?
(edited 8 years ago)

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