Help Please

[Amethyst]

Re: Help Please

Do they have a county court judgment against your son for the debt ?

As the account was in dispute they shouldnt have passed it on for court action to begin with, and if you know nothing of it, then you can ask any default judgemtn to be set aside.

I am of course assuming this is the same debt and DCA (blair oliver and scott) that the rest of this thread is about. they threatened legal action back in September and your son sent a dispute letter & a CCA request - what response to those did he get ?

[sandboy]

Re: Help Please

Sorry shoud have said this is relating to a debt with a mobile company that i had no knowledge of until yesterday as my son has been trying to deal with them himself without success as they refused his offer of £1. a month and have passed him on to a DCA who also refused £1.a month.
Can they come to the house?

Regarding the other disputed debts he has heard nothing at all since my last post about them I am hoping that is a good sign.

[Amethyst]

Re: Help Please

Okay - probably best if you start a new thread for different debts else it will get confusing.

They can't get a warrant of execution unless they have something to execute, like a county court judgment.

Do they have one? Can you type up the part of the letter where they threaten this course of action please.

[sandboy]

Re: Help Please

Through the litigation process we will seek an order of the court directing you to pay monies outstanding.If we are successful we will seek to enforce such an order with a warrant of execution a court enforcement officer(bailiff) will be asigned to your address to carry out the warrant.
The bailiff will take an inventory and levy of goods the goods will be impounded and you will be asked to sign a walking possession agreement the bailiff is authorised to take the goods for sale to pay the debts and costs.

This house does not belong to my son and neither do any of the possessions in it.
Can they come to my house and do this please?

[Amethyst]

Re: Help Please

Thanks for that sandboy, happy to say it just sounds like a threat. They dont have a CCJ nor a warrant and havent even put a claim in at court.

So don't worry.

Okay - this is a mobile phone debt of your sons, who is the DCA, who is the phone company and how much is the debt for ? You say your son offered £1 amonth - has he been paying this, if not then he probably should to show willing. If they do take it to court then you will have opportunity to defend or admit the debt, and make the offer to pay of £1 a month (if thats what his income/expenditure allows), and have that set by the court. I doubt they will take it that far and this letter is simply intended to scare you into paying more.

[sandboy]

Re: Help Please

The DCA is Capquest the phone company Vodafone amount £550 he was on a 24mth contract which started 2mth before he lost his job so they are asking for the total amount he would have paid as well as an outstanding bill.
Vodafone were being paid £1 on 1st of the month. I am now paying this by bank transfer from today.Nothing is being paid to Capquest as they have added £80 to the debt which my son disagrees with.

You say not to worry but i want to know if they have any right to come to my house please?

[Amy]

Re: Help Please

You say not to worry but i want to know if they have any right to come to my house please?

They have as much right as a postman or a delivery man to come to your house. It doesn't mean they can do anything and it doesn't mean you have to let them in.

[sandboy]

Re: Help Please

Latest update

As I told you in an earlier post Halifax refused to accept my sons account was in dispute he sent them another letter claiming they had failed to respond positively to the letter.

There reply is they still refuse to accept the account is in dispute and his claim for bank charges is classed as a legal dispute and has been passed to the specialist bank charges team.
They also say that if he wishes to refer his complaint to the Ombudsman he must do so within 6mths of the date on the letter.Then in another paragraph they have asked him to wait until hearing from the specialist team to contact the FSA.
Should he contact the FSA now in case it takes a while for them to write back to him? If so is it best to do this in writing or by telephone?

Now for his loans.

A dispute letter was sent to Halifax as regards his 2 loans (posted Sept 10th) they were given 14 days to reply.A copy of the dispute letter was also sent to the DCA.
He has yet to receive a reply from Halifax but he has had a letter from the DCA demanding payment.
He has sent the DCA another copy of the dispute letter along with a formal complaint letter trying to collect on a debt which is in dispute, they were given 7 days to reply.(posted 5th Nov) He has had no reply.

Should my son contact Halifax to remind them of his dispute as it seems they are ignoring the letter which they did receive as it was sent registered?

Any advice welcome please.

(Forgot to tell you he has had a letter from Halifax asking if he is happy with his loan and to contact them for any advice along with a leaflet explaining the details of his policy cover which i find very strange.)

[sandboy]

Re: Help Please

New update

My son received a letter from Halifax regarding his bank account.

They have offered him £200 less than he asked for as a good will gesture due to his circumstances.
He wants to accept this as it will be deducted from the amount he owes which will still leave him owing around £2000.
He will pay them £1 a month off the rest until his circumstances improve.

I hope you agree.

As for the loans still waiting for response any advice on what he should do?

[sandboy]

Re: Help Please

Latest

My Son Has Been Threatened With Court Action He Has Now Contacted Nationaldebtline Who Are Sending Out Letters And Are Going To Help Sort Out His Payments.
I Would Like To Thank Any One Who Has Given Advice But I Am Now Hoping Things Will Be Sorted.

I Will Keep You Advised Of The Outcome.