Bailiffs came to my house this week..so worried :(

[turnerburner]

Re: Bailiffs came to my house this week..so worried

Because if either was over 6 years ago the debts will be statuted barred (5 years if you live in scotland) meaning they can not be enforced.

Does this mean the debt and any trace of it is wiped clean or does it just mean that they can't legally re-claim the debt?

My friend left the country as he got himself into some bad debt after university. He is now back in the Uk and passed a credit check the other day. that would make it about 6 years after he finished uni!?

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Does this mean the debt and any trace of it is wiped clean or does it just mean that they can't legally re-claim the debt?

My friend left the country as he got himself into some bad debt after university. He is now back in the Uk and passed a credit check the other day. that would make it about 6 years after he finished uni!?

Hi Turnerburner

What it means is that after 6 years (5 years if your live in scotland) the debt becomes statuted barred, if the last payment or last acknowledgment of the debt was 6 years (5 years in scotland) ago. This in turn means that the debt is still owed, but simply can not be enforced (though most DCA's give up and write the debt off when they are statuted barred). They can still ask for repayment but can not use threats of court actions etc or record it on the credit file anymore. The account itself may still appear on the credit file, though will not show on credit checks hence why your friend will have past the credit check.

As for defaults (although you not ask about these), they are slightly different as they remain on file for 6 years from the date of the default regardless as to when the last payment of acknowledgment was made. After 6 years a default simply drops off the account on the credit file and CAN NOT be reentered on to the account. Though certain DCA will try their luck and reenter it with a new date or register a new account on your credit file when they should edited the original creditors account to show them as the creditor without changing the default date. If they do change the default date of register a clone account instead of udateing the original creditor account to show they are the new creditors then you can sure of libell as they will have recorded inaccurate information on your credit file which is prejudice towards you as it can very likely result in you be denied credit, where if they had acted correctly you will not have been denied credit.

[New_Age_Biker]

Re: Bailiffs came to my house this week..so worried

Teaboy2
In your post 7 you mention tort of trespass, can you point me in the direction of further information please.
many thanks
NAB

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Teaboy2
In your post 7 you mention tort of trespass, can you point me in the direction of further information please.
many thanks
NAB

Hi New age biker - There is only an implied license under English Common Law for people to be able to visit you on your property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take you should advise a debt collector or anyone coming onto your porperty or threatening to do so without a court order or warrant etc, to take note that you revoke license under Common Law for them, or their representatives to visit you at your property and if they do so, then they will be liable to damages for a tort of trespass and any necessary reasonable action/force will be taken to remove or have them removed and/or prosecute them.

[turnerburner]

Re: Bailiffs came to my house this week..so worried

Thanks Teaboy, you know your stuff!

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Thanks Teaboy, you know your stuff!

Thats why creditor, DCA's, employers and any other company or organisation is scared stiff of crossing paths with the Teaboy lol

[New_Age_Biker]

Re: Bailiffs came to my house this week..so worried

Thanks Teaboy,
Unfortunately the circumstances are not as normal
My mortgage company (complete bunch of aholes) sent a man around. I asked him to leave in words of one cyliable.
The next day a letter arrived explaining that they had subcontracted to a man who would visit & that he would arrange an appointment before he attended. If he had written (they do not have my telephone number due to previous harrassment) to make an appointment I would have refused such an appointment & recinded any implied rights to visit.
They then compound this by adding £60 to my mortgage account.

[teaboy2]

Re: Bailiffs came to my house this week..so worried

Hi you can revoke license at any time, even when they turn up at your door, simply inform them you have no knowledge of any appointment and as such there being theere is tort of trespass, as you have never granted them license or for anyone/company representing the creditor to visit your property.

Reclaim the charges as an unlawful penalty charge. They can not charge you for visiting your home without appointment.

[CleverClogs]

Re: Bailiffs came to my house this week..so worried

Is the mortgage lender based in Sicily?

[New_Age_Biker]

Re: Bailiffs came to my house this week..so worried

Bradford

Now owned & funded by the taxpayer, I still think they are bankers though!

Thanks for the info guys, I have to write to the OFT about them anyway, just means I have more avenues to point out their unreasonable behaviour.

[labman]

Re: Bailiffs came to my house this week..so worried

Thanks Teaboy,
Unfortunately the circumstances are not as normal
My mortgage company (complete bunch of aholes) sent a man around. I asked him to leave in words of one cyliable.
The next day a letter arrived explaining that they had subcontracted to a man who would visit & that he would arrange an appointment before he attended. If he had written (they do not have my telephone number due to previous harrassment) to make an appointment I would have refused such an appointment & recinded any implied rights to visit.
They then compound this by adding £60 to my mortgage account.

I had this with a second mortgage on my property. I waited three years to fight back, then threw an SAR at them, claimed back all unlawful fees and charges, including the one for the visit for the person who'd come 'to help me sort out a repayment plan.' Turned out I still had a copy of his original papers, and he'd changed figures before hading them in. Worked for a company called White Horse if I remember correctly. A Google shows them as White Horse Mortgage Services - that's not who my mortgage was with, but the bloke that turned up was a fraudulent wazzock!

[CleverClogs]

Re: Bailiffs came to my house this week..so worried

I had this with a second mortgage on my property. I waited three years to fight back, then threw an SAR at them, claimed back all unlawful fees and charges, including the one for the visit for the person who'd come 'to help me sort out a repayment plan.' Turned out I still had a copy of his original papers, and he'd changed figures before hading them in. Worked for a company called White Horse if I remember correctly. A Google shows them as White Horse Mortgage Services - that's not who my mortgage was with, but the bloke that turned up was a fraudulent wazzock!

Or, in other words, he was a bit of a dark horse?

(And, no, I won't specify which bit...)

[New_Age_Biker]

Re: Bailiffs came to my house this week..so worried

I have already received some of their charges, however they seem to think it's ok to charge £30 per month for being in arrears as t's part of their original terms.
They have provided me their final opinion so I can now go to the onbudsman

If I could move my mortgage I would but I pay much less than the current rate & in all honesty no other lender will currently touch me

[teaboy2]

Re: Bailiffs came to my house this week..so worried

I have already received some of their charges, however they seem to think it's ok to charge £30 per month for being in arrears as t's part of their original terms.
They have provided me their final opinion so I can now go to the onbudsman

If I could move my mortgage I would but I pay much less than the current rate & in all honesty no other lender will currently touch me

Yes i would take it to the onbudman arguing they a charge for £30 for being in arrears is deemed a penalty in law and as such is an unfair Term under the UTCCR 1999.