Friday 18 January 2008

Debt Collectors - What They Can And Can't Do

Are you worried every time there is a knock at the door? Scared to open your post in case it is another warning from a debt collector? Don't be. The following article exposes the legal rights of these debt collectors (or bailiffs) so you can be rid of your fears & start getting back in control of your finances.

If you owe a creditor money & are struggling to make repayments, they may try to use a debt collector. For years there has been much confusion over what they are actually entitled to do. Can they forcibly enter your home? Can they break a window to get in? Once they are in your home what can they do?

The image painted of these debt collectors is often over-exaggerated & inaccurate; Big burly men in black jackets, making physical threats in order to gain entry to your home. Barging past as you open the door. This picture is far from the truth. As with all industries, there are regulations to be adhered to. For the minority who do not follow these guidelines, the government is currently turning it's attention to expose these law-breakers & revoke their licences.

In the majority of cases, you will experience no such thing. If the creditor you owe has any sort of reputation to preserve, you can be assured they will be using a reputable debt collection agency.

What they can and can't do.

If a debt collector visits your home, you DO NOT have to let them in. They cannot force their way into your home. This includes pushing past you as you open the door. They can however enter if the door is unlocked & can even gain entry through an open window. The advice here is to close all windows & to make sure your door is locked if you think bailiffs will be visiting your home.

Once a debt collector does gain entry to your home by peaceful means, they CAN legally force their way in on any subsequent visit.

Once in, what can they take

First and foremost, they cannot take anything that is classed as essential. These things include clothes, cookers, fridges, your bedding & most of your furniture. They also cannot take anything that you require for work, such as a computer or a phone...etc.

They can take things that are non-essential such as your T.V, games consoles & computers that are not required for work. They can also take your car.

Ultimately, you are in control. If you do not let a debt collector in your home, they cannot take any of your possessions.

If you are unsure, or require further advice, including help with getting out of debt visit the free debt advice website.

15 comments:

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Moorhead Savage said...

Thanks for the great information, it's easy to forget about the rights we have. It can be very worrying thinking that someone will just turn up and take all my things away from me. I shouldn't have got into this situation but I have and I guess I've got to deal with it.

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