Aktiv Capital, sending in UMS Bailiffs

[peterwakey]

Hello, this is my first posting on here so any answers would be gratefully received.
I have received a letter today from Buchanan Clark & Wells on behalf of Aktiv Capital.
It is a notice of a home visit by UMS. I admit I have not been answering their constant telephone calls and letters.
I need to find out if this debt is statue barred. I have had a few debt problems in the past and have been paying most of them off but some are surfacing of which I have no recollection. I have looked on Noddle and cannot see anything that relates to this debt.
I am getting worried that bailiffs are going to be calling and I do not want to admit to this particular debt if it is sb.
Look forward to any replies
Thanks

[FlamingParrot]

Re: Aktiv Capital, sending in UMS Bailiffs

Hi and welcome!

In order to send bailiffs, they would have had to obtain judgment against you (a CCJ), then they'd need to go back to the court to apply for a Warrant of Execution to enforce the judgment. They can't just send bailiffs out of the blue. In practice, even with a CCJ, bailiff visits are quite unusual where consumer debts such as loans and credit cards are concerned, most bailiff visits are for council tax, fines, etc.

UMS are part of the BCW group: http://www.csa-uk.com/uk-members-lis...bcw-group)-ltd

They are NOT bailiffs, just debt collectors. Most threats of home visits are just empty threats intended to scare people into ringing and making payments, something you shouldn't do, especially if this is nearing Statute Barred! :scared:

In the unlikely event someone did turn up, they would have no authority whatsoever, you don't have to open the door, let them in, talk to them or give them the time of day! :nono:

You are doing the right thing by not talking to them, you shouldn't discuss anything over the phone, keep it all in writing. Do you know what this debt is for?

There are letters you can send to stop the telephone harassment as well as to avoid a home visit. :thumb: but if you don't know what debt they are chasing you may want to send a prove it letter. :grin:

With regards to the telephone harassment, you may want to look at this: http://talkingfinance.gateleyuk.com/...t-your-debtor/

[bluebottle]

Re: Aktiv Capital, sending in UMS Bailiffs

If they have been saying UMS are bailiffs and are giving the impression they have a CCJ, that is a breach of OFT Debt Collection Guidelines. In any case, it is County Court bailiffs who enforce CCJs, not certificated bailiffs. That is grounds for complaining to OFT Credit Fitness team, who monitor debt collection agencies for compliance with their licences.

[charitynjw]

Re: Aktiv Capital, sending in UMS Bailiffs

UMS = Utility Management Services; this is for a debt to a utility company?

[peterwakey]

Re: Aktiv Capital, sending in UMS Bailiffs

UMS = Utility Management Services; this is for a debt to a utility company?

Thanks for your reply, the debt is for Barclays Mastercard and is for almost Ł4000.

[Nibbler]

Re: Aktiv Capital, sending in UMS Bailiffs

In that case: No CCJ = No bailiffs

Just a vague (and perhaps unlikely) possibility of powerless debt collector turning up with a begging bowl and empty words. You can tell those to sod off and not come back.

[peterwakey]

Re: Aktiv Capital, sending in UMS Bailiffs

Thank you for your reply. The are stating debt is for Barclay's Mastercard and it is for almost Ł4000. What do I put in the "prove it" letter, is there a template on here somewhere?
And also how can I find out when a payment was made last to see if it is statute barred.
Thannks in advance

[FlamingParrot]

Re: Aktiv Capital, sending in UMS Bailiffs

Thank you for your reply. The are stating debt is for Barclay's Mastercard and it is for almost Ł4000. What do I put in the "prove it" letter, is there a template on here somewhere?
And also how can I find out when a payment was made last to see if it is statute barred.
Thannks in advance

There is: http://www.legalbeagles.info/forums/...9479#post59479

[bluebottle]

Re: Aktiv Capital, sending in UMS Bailiffs

I would be inclined to report this to OFT. Send an email to enquiries@oft.gsi.gov.uk and put "Credit Fitness " in the subject box. Don't forget to quote the DCA's CCA Licence number, which can be obtained from the OFT's Public Register at www.oft.gov.uk.

[Nibbler]

Re: Aktiv Capital, sending in UMS Bailiffs

It is a notice of a home visit by UMS.

So did they actually mention or imply bailiffs at all in that? Or was that just your assumption/fear?

[bluebottle]

Re: Aktiv Capital, sending in UMS Bailiffs

So did they actually mention or imply bailiffs at all in that? Or was that just your assumption/fear?

If they have used the word "bailiffs", or implied this or given the impression they have a CCJ when they do not, that may be enough to constitute a breach of OFT Debt Collection Guidelines.

[Nibbler]

Re: Aktiv Capital, sending in UMS Bailiffs

If they have used the word "bailiffs", or implied this or given the impression they have a CCJ when they do not, that may be enough to constitute a breach of OFT Debt Collection Guidelines.

That is why I asked the OP to clarify.

[FlamingParrot]

Re: Aktiv Capital, sending in UMS Bailiffs

I would be inclined to report this to OFT. Send an email to enquiries@oft.gsi.gov.uk and put "Credit Fitness " in the subject box. Don't forget to quote the DCA's CCA Licence number, which can be obtained from the OFT's Public Register at www.oft.gov.uk.

If they have used the word "bailiffs", or implied this or given the impression they have a CCJ when they do not, that may be enough to constitute a breach of OFT Debt Collection Guidelines.

The OP hasn't posted the letter he's received so we don't know whether they have actually mentioned bailiffs at all or whether it's just an assumption made by the OP. :noidea:

It's quite common for people to mistake home visits from debt collectors with bailiffs, DCAs know this and make the most of this fact by threatening to send field agents or doorstep collectors, knowing many people will just assume they will be bailiffs, without actually saying they will be sending bailiffs. I've received quite a few letters like that myself and have seen them on other forums, none mention the word bailiffs in connection with home visits, although some DCA letters go on to list the ways in which they *could* enforce a debt.

The OP text merely states they are worried about bailiffs, not that UMS have stated their intention to send bailiffs or given the impression that there was a CCJ. I think clarification from the OP is needed before moving forward with this.

Hello, this is my first posting on here so any answers would be gratefully received.
I have received a letter today from Buchanan Clark & Wells on behalf of Aktiv Capital.
It is a notice of a home visit by UMS. I admit I have not been answering their constant telephone calls and letters.
I need to find out if this debt is statue barred. I have had a few debt problems in the past and have been paying most of them off but some are surfacing of which I have no recollection. I have looked on Noddle and cannot see anything that relates to this debt.
I am getting worried that bailiffs are going to be calling and I do not want to admit to this particular debt if it is sb.
Look forward to any replies
Thanks

[FlamingParrot]

Re: Aktiv Capital, sending in UMS Bailiffs

This is an example where the OP received a letter where the DCA jumped the gun and started going on about potential enforcement methods without mentioning they'd need to go to court, obtain a CCJ, go back to court, etc. but it makes no mention of a home visit.

In November I received a letter from Pre Legal Recoveries regarding my alleged M&S mastercard account debt of Ł10k.

The letter said:

"Unless you clear the amount due within the next seven days, or contact us by then, we may transfer your account to a debt collection agency. We will also consider referring your account to the solicitor at M&S Bank, to start legal proceedings to recover the outstanding balance of this debt, including:

A charging order against your property. Should you decide to sell or re-mortgage your property, our claim, together with costs and further interest from the courts (Judicial Interest) will have to be paid to us from your share of the property.

An attachment of earnings. This may result in money being deducted directly from your wages to repay this debt. Your employer may become aware of the debt as a result.

A Warrant of Execution. This is when a Court bailiff is given the authority to take goods belonging to you from your home. The cost of taking goods, storing and selling them at auction is deducted from the amount raised. The court then pays the sale proceeds towards repaying the judgement debt."

Bastards failed to mention that to do any of the above they would need a court order which they are not going to get due to lack of compliant CCA. Oh, I don't own my property and I'm on the Social so what the heck anyway. I'm still waiting for the court bailiff!

Shouldn't Pre Legal Recoveries be reported to authorities for misleading communication? If so who should I contact?

[bluebottle]

Re: Aktiv Capital, sending in UMS Bailiffs

The OP hasn't posted the letter he's received so we don't know whether they have actually mentioned bailiffs at all or whether it's just an assumption made by the OP. :noidea:

It's quite common for people to mistake home visits from debt collectors with bailiffs, DCAs know this and make the most of this fact by threatening to send field agents or doorstep collectors, knowing many people will just assume they will be bailiffs, without actually saying they will be sending bailiffs. I've received quite a few letters like that myself and have seen them on other forums, none mention the word bailiffs in connection with home visits, although some DCA letters go on to list the ways in which they *could* enforce a debt.

The OP text merely states they are worried about bailiffs, not that UMS have stated their intention to send bailiffs or given the impression that there was a CCJ. I think clarification from the OP is needed before moving forward with this.

Nothwithstanding, FP, the conduct of the DCA may be sufficient to warrant making a complaint to OFT Credit Fitness.