If you are behind with debt you might receive a letter or visit from a debt collector, acting on behalf of a debt collection agency. Don't ignore this letter as the clock is ticking and things can quickly escalate to court action and a CCJ. There are things you can do to stop debt collection proceedings if you act quickly and contact the supportive team at Bennett Jones. Most debts can be written off using an IVA. THE GOLDEN RULE: Never let a debt collector into your home or give them any details. They have little or no powers.
If you have aggressive creditors who are pressing very hard with debt collectors, this will stop if you get an IVA approved. Debt collection tactics can be annoying at best or even illegal at worst. It’s crucial to know how to handle debt collectors and choose the best way to manage your debt. Creditors often sell debts to a third party who will use a debt collector to recover the money.
Overcome debt with Bennett Jones
- Free confidential assessment. See if you qualify to get out of debt
- Use IVA legislation to clear up to 80% of your debt
- Stop debt collectors, calls and debt letters
- Save your house, car and other assets
- No charge at any stage for debt advice with no set-up fees
- No obligation to use our service
- We are operated by a licensed insolvency practitioner
- Regulated by the IPA
- No call centres, agents or middlemen
- Outstanding ongoing support
- We can help if you can't pay
You have many rights. Don't allow yourself to be bullied by debt collectors:
- Our team are always on hand to offer information that can help you deal with debt collectors. Contact us on 0161 9600054 or complete the enquiry form above
- Never let a debt collector into your home. It’s easy to feel overwhelmed and bullied, so it’s vital to know your rights and understand what you can do to protect yourself. They can only enter your home if you, or a family member over 16, invites them in. They are not allowed to force their way past you or put their foot in the door.
- If a debt collection agency contacts you by phone or text message, politely decline to give any details or confirm your identity. Make a note of the call and the time as you may have a case for harassment if you get persistent calls or messages. Contact Bennett Jones instead.
- Debt collectors have no rights to contact you at work or visit you at work.
- Debt collectors have no enforcement power to take goods or enter your property. The most they can do is ask for the money. They sometimes pretend to have bailiff powers and this is a criminal offence.
- Call 999 if you're being threatened by a debt collector.
- Tell the debt collector to leave and say you’ll speak to their head office to discuss matters further, if the debt collector won't leave the doorstep then you have a case for harassment.
- Debt collectors use many tactics to lull you into a false sense of security, so do not engage in a conversation with a collector. You are not obliged to cooperate in any way. You do not have to confirm your identity or give your name, this applies to the police as well.
- Don't do anything silly like getting into an argument, swearing at them or throwing things at them.
- The creditor may withdraw the collection proceedings if they think there’s no realistic chance that the collectors will be able to recover the money. This means they won’t return to your home.
- Debt collectors do not have the same powers as bailiffs. Debt collectors come from private firms and don’t have the same powers to enter your property or seize goods.
- Video your interaction. A debt collector or police officer cannot object to being filmed on your property.
- Debt collectors have no powers of entry or arrest, and neither do police community support officers (PCSO).
- Debt collectors cannot discuss your details with neighbours and cannot watch your house or loiter outside, as they are not acting in the execution of duty. Record the collector on video and report him to the police (Protection from Harassment Act 2007).
- The creditor is liable for debt collectors acting on their behalf and you can bring an action for any unlawful actions. Send the creditor a "Letter Before Action" which contains how much is owed, why it is owed, how to pay, a deadline and what will happen if they do not pay. Wait for the deadline and then start the claim at your local county court using Form N1.
- Most high street companies are good at lending money or selling goods on credit but they shy away from the dirty business of debt collection. This is why debts are often sold on, or larger retailers may use a subsidiary with a different name to collect the debts. Most unsecured debts; such as credit cards, loans and overdrafts are regulated by the Consumer Credit Act, which allows them to be sold on after you have stopped paying. You will be notified by letter by the original company and the new debt collection company if your debts have been sold on.
- A debt collection agency may put a claim into court and seek a CCJ to be registered against you. A CCJ orders you to make payments towards the debt, such as using an attachment to earnings. If a CCJ is issued the associated debt can be included in an IVA. The debt is repaid within the IVA in the same way as all the other debts which have been included.
- There have been how many documented cases of coercion and underhand tactics by debt collectors. You are not obliged to confirm your identity or give any details to a debt collector. Simply ask them to leave and threaten them with an official complaint and legal action.
Bennett Jones serves people who need help paying off debts from coast to coast, from big cities like London, Manchester and Birmingham, to small rural areas all across the UK. We have many years of experience helping people deal with debt and build stronger finances. We will listen to your story with empathy and understanding and offer debt solutions tailored to your individual personal circumstances. Pay off your credit cards, loans and other debts.
We will help you pay off your loans, credit cards, catalogues, payday loans and many other debts. Stop creditors harassing you over personal, business, or tax debts. We’ve given debt help to thousands of our customers, you can read about their stories and 5* reviews on Trustpilot.