bailliffs

[veen]

i have recently been reffered to debt collecters agency for an outstanding loan,they want me to pay the full amount within 3 mnths even though i have been paying them monthly anyway.they say they will take me to court if its not payed in these 3 mnths.can they do this?

[trulli]

Yes they can unfortunately. Best bet is to keep paying regularly. Hopefully it might cost then more than it's worth to take you to court. So they won't bother. Even if they do though it's not as bad as all that. Presumably you will already have a default and a CCJ has much the same effect on your credit file anyway. Also the court will be more sympathetic and you will be able to just pay what you can afford based on your incomings/outgoings.

Hope this helps.

[deeboy]

One of the joys of living in Scotland..no balliffs!.. ;-)

[hattster]

It depends on what the debt is, ie credit cards or mortgage? If its mortgage then yes they can take you to court, the same can be said for credit card debts however courts tend to side with the person owing the money rather than the lender, as a result companies very rarely take people to court for loan/credit card debts. I speak from experience, don't like them harrass you neither, its against the law to continually pester you for money.

[deeboy]

Correct they have to follow guidance set by the OFT ..

Not use oppressive or intrusive collection procedures.
Not bring unreasonable pressure to bear on the consumer/debtor in default of payment.
Not act in a manner in public intended to embarrass the debtor.
Be circumspect and discreet when attempting to contact the debtor whether by telephone, or by personal visit, with due regard to OFT Guidelines.
Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.

ALSO..

The OFT has a duty under the Act to ensure that applicants for licences are fit to engage in the activities for which they wish to be licensed, and to monitor the continuing fitness of those to whom licences have been granted. In considering fitness the OFT is able to take account of any circumstances which appear to be relevant, and in particular, any evidence that an applicant or licensee, or any of its employees, agents or associates, has engaged in business practices appearing to the OFT to be deceitful or oppressive or otherwise unfair or improper (whether unlawful or not).

Where a consumer appoints a representative to negotiate on their behalf, it is an unfair and improper business practice on the part of the creditor to operate a policy, without reason, of refusing to consider such requests.

[pagey]

why are there no bailiffs in scotland?