Bringing a case for damages against a debt collection firm

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anti bailiff
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#1 Bringing a case for damages against a debt collection firm

Post by anti bailiff » 21 Sep 2017 19:20

Hi

I have been fighting against a debt collection firm for some time now, and the stress it has caused me has damaged my physical and mental health. I have sleepless nights, I am scared every time my telephone rings or there is a knock at my front door; I have become extremely short tempered and find it impossible to concentrate. I have lost interest in my previous hobbies and have contemplated suicide on several occasions.

Do I have good reason to bring a case for damages against the firm who have caused me all these difficulties?

All suggestions appreciated.

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Schedule 12
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#2 Re: Bringing a case for damages against a debt collection firm

Post by Schedule 12 » 21 Sep 2017 19:43

You bring a personal injury claim.
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Cbear79
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#3 Re: Bringing a case for damages against a debt collection firm

Post by Cbear79 » 21 Sep 2017 20:03

Hi

I've been left feeling in a similar way to be honest, they shouldn't be allowed to do what they do, and the way they do it, especially when it's an obvious corruption in order to obtain more fees.

I really do hope you are successful in your claim,don't give up, these horrible people are not worth it. You can do this.

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Michelle
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#4 Re: Bringing a case for damages against a debt collection firm

Post by Michelle » 21 Sep 2017 21:51

anti bailiff wrote:
21 Sep 2017 19:20
I have been fighting against a debt collection firm for some time now, and the stress it has caused me has damaged my physical and mental health. I have sleepless nights, I am scared every time my telephone rings or there is a knock at my front door; I have become extremely short tempered and find it impossible to concentrate. I have lost interest in my previous hobbies and have contemplated suicide on several occasions.

Do I have good reason to bring a case for damages against the firm who have caused me all these difficulties?

All suggestions appreciated.
A debt collection firm is not the same a an enforcement company. Debt collectors have no powers whatsoever, you don't have to speak to them and they can't enter your home or seize goods. They are hardly a reason to think about suicide!

You can send them a letter such as these ones attached here:
DoorstepThreat.docx
PhoneHarassment.docx
You do not have the required permissions to view the files attached to this post.
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#5 Re: Bringing a case for damages against a debt collection firm

Post by Cbear79 » 21 Sep 2017 22:40

That's all well and good but you shouldn't down play the effects of these situations unless you have actually experienced it all first hand, the normal lay person does not know the difference between debt collectors and enforcement officers, the effects to the uneducated person surrounding the issues of any kind of doir step visitor of this kind are still the same. It's alright if you know!!!!

anti bailiff
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#6 Re: Bringing a case for damages against a debt collection firm

Post by anti bailiff » 21 Sep 2017 23:47

Debt collection firms can lie, cheat and wangle county court judgements against a person. They can prevent people from obtaining credit and even from working as many firms do credit checks on potential employees these days.

Cbear79, I assure you that I'm far from 'uneducated'. The fact is that debt collection firms can and do all of the above. I have personal experience at the receiving end of their crap.I simply do not see why I should be made to suffer for an alleged debt which is non existent in practice, by a lying, cheating crowd of crooks, without having legal recourse for damages for the harm they have and are causing me. That is why I posted my earlier question.

Cbear79
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#7 Re: Bringing a case for damages against a debt collection firm

Post by Cbear79 » 22 Sep 2017 08:13

Sorry I never meant to offend you, I just meant if you don't know the system, which I completely didn't when they ambushed me, then you do become a victim of not knowing, that's all, sorry if I offended you, it was more about me.

I do completely understand how devastating it all can be and have sympathy for your situation.

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Michelle
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#8 Re: Bringing a case for damages against a debt collection firm

Post by Michelle » 22 Sep 2017 10:46

anti bailiff wrote:
21 Sep 2017 23:47
Debt collection firms can lie, cheat and wangle county court judgements against a person. They can prevent people from obtaining credit and even from working as many firms do credit checks on potential employees these days.
This need a bit of clarification. First of all, there is a difference between debt collectors, debt purchasers and original creditors. The creditor is the company or individual who owns the account.
  • Debt collectors are hired by creditors to collect, if they fail, the account is returned to the creditor who owns the account. They cannot issue proceedings in court, nor are they the ones who record defaults on credit files.
  • Debt purchasers are also often referred to as "DCAs", however, these companies buy debts from banks, credit card and finance companies. Being the account owners, they can issue proceedings in court and, these days, virtually all legal proceedings for consumer credit debt are brought by debt purchasers, you don't see banks and credit card companies taking debtors to court these days, they sell the accounts instead. These companies can also outsource collection to other debt collectors.
  • Original creditors are the banks, credit card and finance companies, catalogs, home shopping, vehicle finance companies, etc., that lend you money. They are the ones who put defaults on your credit files, debt purchasers merely update those records when they buy the debts.
So, debt collectors do not prevent people from obtaining credit, this is a result of defaults being recorded on credit files by the original creditor. This happens at the time you start missing payments on the account, when a default notice is issued and you fail to remedy the breach within the timeframe, irrespective of your later conduct with the account, i.e. once a default is recorded, it makes no difference whether you make regular monthly payments towards the account or even pay it off in full, the default still stays in place for 6 years, although if paid in full, it should be marked as satisfied.

Under the reciprocity principles, only companies that share data with the credit reference agencies (CRAs) can perform credit checks. Not every employer could do one even if they wanted to for that reason. It's only banks and the financial sector in general who carry out credit checks on prospective employees. However, anyone can access the CCJ registry, but only debts subject to a court judgment are recorded there. CCJs don't just get recorded, the creditor (i.e. the account owner, not the debt collector) has to issue a claim, you receive it and have the opportunity to defend or settle it and avoid a CCJ.
anti bailiff wrote:
21 Sep 2017 23:47
Cbear79, I assure you that I'm far from 'uneducated'. The fact is that debt collection firms can and do all of the above. I have personal experience at the receiving end of their crap.I simply do not see why I should be made to suffer for an alleged debt which is non existent in practice, by a lying, cheating crowd of crooks, without having legal recourse for damages for the harm they have and are causing me. That is why I posted my earlier question.
I have clarified what debt collectors can and can't do. It's not a matter of being "uneducated", nobody knows everything, you could have a PhD and still know nothing of the above if it's not your area.

You say the debt is "non existent in practice". What does that mean? Is it really not your debt? Is it your debt but you dispute the amount? Is it statute barred (i.e. no payments or written acknowledgments have been made in the last 6 years)? Is it disputed for any other reason? Is it a consumer credit debt (i.e. credit card, loan, overdraft, etc.) that you dispute on the basis of the requirements of the Consumer Credit Act (i.e. defective default notice, non compliance with CCA request, no CCA available, etc.)? There are different ways of dealing with these, depending on what the answer is...
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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Michelle
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#9 Re: Bringing a case for damages against a debt collection firm

Post by Michelle » 22 Sep 2017 10:55

Cbear79 wrote:
21 Sep 2017 22:40
That's all well and good but you shouldn't down play the effects of these situations unless you have actually experienced it all first hand, the normal lay person does not know the difference between debt collectors and enforcement officers, the effects to the uneducated person surrounding the issues of any kind of doir step visitor of this kind are still the same. It's alright if you know!!!!
As you seem to have posted the above in response to my post, you will have notice that bit in my signature that says: "knowledge is power". Nobody was born knowing anything, you acquire knowledge as you go along. The debt collection industry has taken advantage of what you say above for many years, however, now we have the internet and these forums, more and more people are finding out that there is a massive difference between doorstep collectors and enforcement agents.

If a debt is subject to a judgment or court order, it can be enforced with bailiffs as well as by other means (such as charging orders, attachments of earnings, third party orders, etc.) Debts subject to court orders include:
  • County Court Judgments (CCJs)
  • Employment Tribunal Judgments against you
  • Costs Orders, when the losing party in court proceedings is ordered to pay the winning party's costs
  • Liability Orders for council tax arrears
  • Magistrates Court fines, for criminal convictions
  • Capital Contribution Orders
There are a number of other debts that can be enforced without going to court, such as tax debts. However, civil debts such as consumer credit or personal debts for goods and services can only be enforced if subject to a judgment, i.e. a CCJ. If the debt is not subject to a judgment, then it cannot be enforced. Debt collectors try and collect, but they have no actual powers to enforce.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

anti bailiff
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Joined: 09 Oct 2015 12:27

#10 Re: Bringing a case for damages against a debt collection firm

Post by anti bailiff » 22 Sep 2017 12:45

Thank you both for the information and clarification.

To clarify the position from my perspective, the organisation in question is a DCA, and the alleged debt was covered by PPI insurance taken out with the original finance company. The alleged debt consists of interest and penalty charges, incurred when I lost my job, and which were covered by PPI. However, the finance company advised to pay out under the terms of PPI, but ignored repeated letters and telephone calls requesting that they activate the PPI cover which was in place. . The DCA claim they 'own' the debt yet have failed to provide any evidence, despite its being requested, that they own the alleged debt.

I now have a CCJ in place against me, obtained by default, and this will remain in place at least for the foreseeable future until I can have it set aside and removed from the records.

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Michelle
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#11 Re: Bringing a case for damages against a debt collection firm

Post by Michelle » 22 Sep 2017 13:38

If you have a CCJ, that changes things considerably, as CCJs can be enforced with bailiffs. If you intend to apply for set aside, you need to do so a.s.a.p., as the court will expect you to do so as soon as you find out there's a CCJ in place.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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