jaytc2003

iTrader: (1)

Came home from work the other day to a letter from Wescot Debt collection agency. It was apparently for a debt at an old property that me and the wife used to live at, and the debt was for April 2007 and it was monies owed to British Gas. It was also threatening to send an "agent" around to personally collect the debt.

It is only for £27 however the issue I had was that we moved house in Jan 07. We off course told british gas this about 1 day before we moved and we paid up. We did actually give them a slightly higher meter reading as well just to cover ourselves so we theoretically should be owed money by them!

I spoke with the agency, explained etc and they said if I send them documentation etc proving I wasnt there then it would be fine. I have sent them some solicitors letters and builders letters showing that we moved into the new property in Jan 07.

I get a feeling that this wont be the last of it (due to the way british gas are and the responsive I got initially from wescot),

If a "agent" comes around to personally collect the debt, what sort of powers do they have?

Cheers

PeteBrant

None whatsoever.

Collection agents can come round to your house, but you can refuse to talk to them, or refuse to let them into your property.

Baliffs only have power of any kind if you default on a CCJ, or council tax or court fine or such like.

Midnight Runner

British Gas are rubbish!! I purchased my first house just over a year ago and promptly set up all my direct debits, including the gas. Thought everything was going sweet until I got a a massive bill for £500!!! Turns out they didn't actually take any of my debits out for over a year, and didn't even send me one reminder!! (I know I should have noticed but I pay everything in this fashion and didn't notice as there are that many going ou throughout the month )

So I set up a second direct debit, sure enough this didn't work......

Now I have set up a pay point scheme in which they had to send me a card and I have to go out of my way to pay at the post office, news agents etc - ONLY THEY DIDNT SEND ME A CARD!!!!

Promptly phone up, ''It will be there shortly sir sorry for the inconvenience'' - never turned up

Try again - never turned up.

Try again - 3 TURN UP ON THE SAME DAY!!!! All with a letter signed with by the same person

I know this hasn't helped to much with your situation but it just illustrates the fact the right hand doesn't know what the left hand is doing.....I hope you get some joy out of them. My advise would be if you get nowhere to contact somebody like Watchdog on tv and shame them.

Oh yeah my pay point scheme is now £32 every 2 weeks just for my gas.....

Luminous

iTrader: (3)

IMPORTANT:
This is not a joke, and I am also not an expert in this field. You may therefore want to check what I am about to say.

1) A debt collector is allowed to come to your house without a warrant. You are allowed to refuse entry.

2) If you allow entry when they do not have a warrant, you also allow them the right to re-enter your property at some future time whether you like it or not. Its a strange little rule, and lots of these agents try and get you to let them in the house so that you cannot later refuse them entry. They can force entry, with police support if you have previously let them in.

3) If they have a warrant then you are stuffed. However, to get a warrant it has to go to court. Therefore you should be informed of the case and have the chance to defend. I say should, as sometimes court papers are sent to old properties so you never even know that a case has been brought against you.

Don't let them in, talk on the doorstep. If its raining and freezing let them come back another day.

PeteBrant

AFAIK unless the agent has a court order (or one of the afore mentioned situations, then you can absolutely refuse entry to anybody, regardless of the circumstances.

Bailiffs and debt collectors : Directgov - Money, tax and benefits

Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions.

jaytc2003

iTrader: (1)

if they actually gained entry by pushing through once the door is open, am I allowed to kick their heads in? (thats actually a serious question as their letter really pi$$ed me right off and the attitude of the first person I spoke to) Mrs was very upset (and also pregnant)

fatherpierre

Only a court can authorise an official bailiff the power to collect the debt.

Debt collectors have no power.

I had the same thing with paypal. I had a chargeback leaving me in negative balance. The chargeback was proven to be a fraud yet paypal passed the 'debt' to a collection agent.

After their numerous calls and letters (despite the 'debt' with paypal being sorted) someone turned up at my house. Let's just say he was 'sent away'

I never heard from the collection people again.

PeteBrant

They wont do that. They might threaten to - But they wont because they know they are not legally allowed to.

fatherpierre

That would be attempted burglary on their part.

And yes, you have the right to protect your property by using reasonable force.

Ignore the letters. Ask them to prove you owe BG the money. They won't be able to.

The debt business runs on fear and lies. They have paid about £3 for that debt.

jaytc2003

iTrader: (1)

bugger! Just payed BT £4.70 for a copy of my Jan 07 bill just in case. (40 min phone call to BG is on it) - Maybe I should charge BG for the phone call