Zebra Finance are sending bailiff but no CJJ granted

[fuzzybrain]

I have been off sick for a while due to a incureable chronic medical condition. Because of my illness and the subsequent effect on my income i have had to reduce the amount i send to Payplan until i get back on my feet.

Just received a phone call from Zebra Finance yesterday saying that they wanted more than the monthly amount Payplan has offered them. They wanted proof that my medical condition is real and is affecting my ability to work. They wanted copies of all my consultant letters and a report from either my GP or Consultant with confirmation of what the prognosis is and when i will be back to work and able to work full time.

I refused to send this info as some of it contains very personal information and i felt uncomfortable sending it to Zebra and said so but said i would think it over and see what i can send in. I did inform them that I had just been discharged from hospital yesterday and was not feeeling that well but would ciontavt them in a couple of days.

Anyhow at 8.30pm tonight I get a phone call from the same person to say they are sending the baliffs in tomorrow unless i make an additional payment instantly and then each month and they would stop the action.

Zebra have never applied to court and admitted they do not have a CCJ, so i said that i didn't think that they could instruct baliffs, but they said they could and would unless i made a payment.

I refused and stated that I felt i was being bullied. I also said that the baliffs have no right to visit and i would not let them in.

Am i right in thinking that have no rights and that this is bulling me into paying more to them than the other creditors??

Help.....

[Amy]

Re: Zebra Finance are sending bailiff but no CJJ granted

You are completely correct.

A DCA cannot instruct bailiffs without it first going to court and you subsequently being in default of what the court ordered you to do, so stop speaking to them.

[fuzzybrain]

Re: Zebra Finance are sending bailiff but no CJJ granted

Ok thanks Amy - I did hope i was right and did tell Zebra i was wrong- but she said she worked in their legal dept and knew what was correct and i was totally wrong and they had a right to get baliffs to call and visit me to sort out the debt.

Would it be an idea to get their (baliffs) details and then complain to the OFT and/or FOS and baliffs and Zebra re them sending in a baliff for a debt that hasn't even gone to court yet??

TBH considing how ill i am at the moment and what i am going through medically (which they were informed of during the first phone call) i feel they are acting very unfairly and hitting me when they think i am most likely to give in.

[Amy]

Re: Zebra Finance are sending bailiff but no CJJ granted

You really should not be listening to what some call centre worker from a DCA's office is telling you and you really cannot complain about something that has not happened yet (even if it never is likely to happen) because all you have as your proof is a telephone call conversation.

[Tools]

Re: Zebra Finance are sending bailiff but no CJJ granted

Also, have a read here http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf , if, as she says, she works in the legal department and knows what is right then I am sure she will be aware of it too.

........and Complaints to OFT about DCA's

[fuzzybrain]

Re: Zebra Finance are sending bailiff but no CJJ granted

Well somebody did contact us today - only they rang my husband at work and asked if they could visit him there!! he went balistic and got me to ring him, which i did.

Turns out that although he is a baliff, he is not acting in baliff capacity but as a collection agent instead. He said they our payment was 23p below what was required before court action would be instigated.

I agreed to pay the 23p by internet banking and also supply a scanned copy of my last sick note and last discharge summary, which is the same info I have sent to payplan as other creditors are also asking for it.

They also wanted bank statements and payslips proving our incomes but i feel uneasy about them having that - i don 't see why they need it - they have the medical evidence that i am sick, and thats all they are getting.

Think i am still goign to have a battle with this lovely lot!!

[Amy]

Re: Zebra Finance are sending bailiff but no CJJ granted

You should write a letter about his conduct. If he's not acting in his capacity as a bailiff Zebra threaten you with bailiffs.

Threatening debtors is specifically prohibited and a bailiff misrepresenting his powers is also prohibited.

[fuzzybrain]

Re: Zebra Finance are sending bailiff but no CJJ granted

I asked if he was a baliff and he said that is one of his roles but as there is no CCJ he is not acting as a baliff on this account. He also said that he contacted my husband as he wanted to make an appointment with him to discuss the debt (its in joint names) he had not intention of visiting him at work as he knew that was against debt collection protcols.

Zebra will deny they said it and it will be my word against theirs - is it worth complainign in this case and if so who to??