FAQ s

by **Lopsum** Sat Nov 02, 2019 3:48 pm

What are enforcement officers , baliffs and debt collectors?

An enforcement officer , also known as a bailiff works directly with the court to collect unpayed fines etc! They will have court documents that give them specific powers which they should show you before they take any action! However , they can also be acting as agents in other cases where they have the same standing as debt collecting Agents ! Debt collectors work for a debt collection agency and require your consent/contract , although they may present themselves as "enforcement" they do not have the same powers and rely on ignorance and fear/intimidation.

What powers does a (bailiff) enforcement officer have ?

In criminal cases they have the powers a court order and warrant gives them! They should supply this information to you and allow you to read any documentation they rely on before they take any action! The letters process will be of no use on a criminal fine! Your chance is in court and its too late to stop anything if these guys are at your door!

What powers does a debt collector have?

Only that which you give them ! They can (try to) use intimidation tactics to get you to let them in , don't be intimidated , be calm , they are like aggressive sales persons looking to deal with you but try to fool you into contracting . They CAN pass an open door (or window) . They may NOT use force to gain entry ! They MAY be able to seize your vehicle if it is in the drive or parked in the street . If you do let them in they can begin the "taking control of goods" , and once entry has been granted they may return at a later date and they may use force because you have contracted with them , so never let them in the first time and don't leave your vehicle on or near your home (unless out of sight) . If an enforcement agent enters your property they can levy on anything outside, but they cannot enter any outbuilding which is locked and this includes garages . A debt collector has no legal basis to chase you . Use the Letter for debt collectors acting as agents ( https://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents )

What is the difference between a debt purchaser and a debt collection agency (‘DCA’)?

Short answer, legal standing! Debt Purchaser: These companies purchase (alleged) debts. As such, a debt purchaser has some legal authority to chase you for payment as part of their claim to an alleged debt but you still have the legal right to challenge their claim i.e. to demand that they provide the necessary evidence to substantiate their claim. The letters process is very effective here as debt purchases rarely have all the necessary documents (agreements/contracts/default notices etc) that are required as evidence. Letters for Debt Purchasers: https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers After you have followed the three letter process, a debt purchaser can still attempt to take you to court (via a solicitor) if they think they can win. But this is rare, especially if they have not provided the required documentation. If a debt purchaser ever engages a solicitor on their behalf (sometimes these are in-house) then this is the time to act swiftly especially if you receive a ‘letter before action’ from a solicitor (the solicitor has to make this point explicitly clear). But again, with the right advice here, we can successfully fight these demands as well and more often than not. Debt Collection Agencies: Think of these as ‘minions’. Debt Purchasers may attempt to chase you themselves or farm out their dirty work to Debt Collection Agencies (DCAs) who are effectively third party interlopers / parasites COLLECTING on behalf of a debt purchaser i.e. their client. DCAs have NO legal basis to chase you. You can choose to ignore these or use the following template letters: https://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents

Common abbreviations ...

OCs : original creditors , DPs : debt purchasers , DCAs : debt collection agencys , SAR : subject access request , CPS : crown prosecution service , LBA : letter before action , FOI : freedom of information .