Bailiffs and Debt Collectors

Mr and Mrs Lister, Market Rasen

Listers

"As pensioners we just couldn't afford what they were demanding. Debt Trust Direct deal with them now and all the calls and letters have stooped!"

Debt Collectors can make lives a misery and it is therefore important that you know your rights. Debt Collectors must have a consumer credit license and as such they are regulated by the Office of Fair Trading (OFT). If you feel they are acting aggressively and making unreasonable demands the OFT will investigate your complaint.

You are protected from harassment by law (e.g. the Administration of Justice Act 1970) and there is a strict code of practice that debt collectors must follow. By calling 0800 084 2885 we can provide free advice on this although the following is a sample of the rules they must follow:

  • They should not send letters that look like official court correspondence or claim that they can seize your household goods. Only a court appointed bailiff can take your goods.
  • They should not contact you too frequently and at unreasonable times. Calling you 4 or 5 times a day is not acceptable and they should not be contacting you late at night.
  • They cannot pressure you in to selling your property or to borrow money elsewhere to settle the debt.
  • They cannot demand that you to pay in full or in installments that you cannot afford.
  • They should not ignore disputes about whether you owe the money.
  • They cannot refuse to deal with a 3rd party (e.g. Debt Trust Direct) acting on your behalf.
  • Excessive charges should not be added to your account.
  • If they come to your home they have to give you prior notice and not visit if they know you are ill or vulnerable. They should also leave on request.
  • They should communicate to you in plain English and not use confusing legal jargon or argue that none payment is a criminal offence.

Once it is clear that you know your rights and are willing to make an official complaint their behaviour usually changes. They may be more inclined to accept an offer of payment or give you extra time to pay. Most debt collectors work to target and if you are proving difficult to deal with they will probably move on to an easy target.

For more help and to see if we can stop the bailiffs why not try our free 30 second test!

Debt Test