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How big should a debt be before debt collectors can take to small claims court ? scotland question!?

July 1, 2010

You’ve been misinformed; in both England and Scotland a bailiff can only take goods from your home when they have a court order and a court order won’t be issued where the defendant makes a reasonable offer of repayment based on affordable levels.

I’m not aware of any minimum amount and have seen court action for £35.00 being issued, although the cost of the claim and recovery costs added around £150.00 to this.

If you don’t dispute the debt, write to the company with a repayment plan offer and if they refuse, submit your letter to the court as evidence of your willingness to pay. If you owe a company money, you’ll find the courts hugely sympathetic to financial problems.you’ve got it wrong, in the UK you can sue anyone for any amount, up to a certain amount it’s small claims then fast track, etc.and debt collectors do take legal action.
a judgment for the debt is necessary for further action to be taken, to obtain such as an execution warrant to allow bailiffs to attempt to seize property, however you don’t have to let them into your house, if the confirmed debt is over £750, you can apply for a statutory notice for bankruptcy, which must be responded to within about 22 days, nobody can seize anything in england without a court order.
i believe the laws in scotland are somewhat different.

 

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Left the European country with debts ? Will it be problem applying for USA ?

June 27, 2010

Didn’t occur to you that other people have to share the debt that you left did it?….. Its called THEFT……No doubt you will be in America for a few months and another relative will magically get cancer EH?….The west doesn’t need more criminals. Do us all a favour and stay where you are. Its people like you that have brought about the world financial crisis. Millions are doing it all over Europe. Opening its borders to you people was the biggest mistake the west ever made, you will destroy everything.

 

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What is a line of credit — and how is it different from a personal loan?

June 14, 2010

Hiya

A line of credit is a facility extended to you, usually by a bank or maybe a supplier if you were in business, it’s basically the same as an authorised overdraft which you could spend up too, or have goods on invoice up to that amount.

A personal loan is money up front paid to yourself, incurring interest from the start of the loan on the whole amount and spread over the term, that’s why apr and flat rate vary so much. A line of credit is always available but could be paid up at any time, it may or may not incur charges – an overdraft will, but a credit card won’t if paid by the due date. For reasonable purposes a credit card is very much a line of credit.

CheersI see your question came from the UK, so I will say at the top that my answer is about the USA banking system.

If you take out a loan, the bank gives you money, which you use for your purposes. You pay it back with interest over a set period, and it starts accruing interest immediately.

A line of credit is different in that you do not take the money until you need it. For example, for the past ten years, I have had a line of credit at my bank for $200,000. I pay no interest on the money (except for an annual service fee).

Now, suppose I want take a vacation that will cost $3,000. I can create a loan for $3,000 from my credit line with no papers to sign or credit checks. I then pay back the $3,000 over time with interest. In the mean time, my credit line is reduced to $197,000 until I pay the $3,000 back.

Some people might look at it as a pre-approved personal loan, which you can activate at any time.

I hope this information helps.hi
If you want a legit online loans in 1 Hour.just try this and once approved your loan amount will be transferred directly to your checking account promptly, and securely. Now you’ll be able to use the cash for all your necessities.

http://goodonlineloancompanies.com

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Good luck!….

 

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Can a debt collection agency take me to court for not paying the rest of my debt off?

June 6, 2010

It’s just like any other debt. You can be sued nd your life made miserable. In reality, they will probably just continue to charge the credit card account and what happens after that is between you and the credit card company. The card issuer must honor the charges unless you close the account (you don’t have the right to say that you "will not make" the payments because you have already authorized the series of payments once and no further action is necessary).If you agreed with T-Mobile to pay the bill – they can sue you
If you agreed with husband to pay the bill – they can sue him

Whoever is sued, they are likely to win and you will have court fees and a small amount of costs (iro £150 total) added to the bill. If you pay within 28 days, you can apply to have the CCJ removed from the register, otherwise it will stay there for 6 years and cause you serious problems with future credit, property rental and in some cases – jobs.First and foremost, most (if not all) third party debt collectors are dead beats! The fact is, you have the RIGHT to fight them in court! Yes, I know, its hard to take off of work or lose pay or even get to court sometimes, but really, the consequences of NOT going are far, far worse. Think you have no assets they can take, or wages to garnish? Think again! They will do an asset hearing that will include everything but your ONE house, ONE car (if its valued at less than 5,000), and your personal "stuff". That’s about it. So don’t take it lying down, you get ready to fight! And by the way, I have been very successful with these debt collectors and stopping them from robbing me of my hard earned cash (what little there is of it these days) by standing up for my rights myself, so I know it can be done.

Yes, I have debt, this is true. And I am paying my ORIGINAL debtors now that I have a new job. I am NOT paying the third party debt collectors. I know better!

I have had a lot of friends asking me how I did it, or how they can stop debt collectors. Sometimes when family or friends come to visit and if a third party debt collector calls, they are amazed at how I can speak politely but frankly, and the collector gets mad and hangs up. Then they don’t call back for a long, long time. And since I have been doing this, not one of them have actually taken me to court, although I get threats all the time. So anyways, after getting asked over, and over, and over again what my friends or family should do to follow my example, I got tired of it. So I sat down and typed out the whole instructions thingie and posted it to the web and added a couple other facts too. Now, when someone asks, I just give them the URL and say "look at it at your convenience."

So, I suppose I will do the same for you (or anyone else who wants to stop a debt collector). Here’s the URL. I hope it helps you!!!!

1. If you write a letter to the debt collector, they probably won’t get it, then blame you for "failure to respond." This URL will tell you why this happens:
http://www.associatedcontent.com/article/1556074/why_creditors_never_receive_your_debt.html?cat=3

2. I get tired of getting phone calls sometimes. Here is how I got the calls to stop, at least, for awhile.
http://www.associatedcontent.com/article/2282841/how_to_stop_debt_collection_phone_calls.html?cat=3

3. If you get sued it will probably be a seedy collection agency calling itself a law firm. The only thing about them that is the "law" is their rent-a-lawyer who pops in long enough to grab a file and head to the court house. My hubby had an experience with one of these loser firms, and thanks to me, it was dismissed. Here is our story:
http://www.associatedcontent.com/article/2298311/how_to_fight_love_beale_nixon_in_court.html?cat=17

4. Finally, I wrote out a big tips and advice article about what to do when the debt collector calls you, how to secure your rights, money owed to you if your rights are violated (and trust me, they will be), and why you shouldn’t be scared about going to court. It is very useful information, and anybody who is dealing with a third party debt collector should read it! Here is the URL for that information.

http://www.associatedcontent.com/article/5462588/how_real_people_fight_debt_collectors.html

I hope this information helps you out. I’m not an attorney, but i do know my way around the law, to the degree that i needed it that is. Everything i am telling you here is stuff that i learned AND TRIED on my own. All of it was successful, and continues to be successful today. And I am sure you can be successful too, so long as you don’t neglect to retain your rights like I am telling you here.

Good luck.

 

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What would happen if an international student moving back to his home country w/ unpaid UK credit card debt?

May 27, 2010

Legally nothing, they can’t chase you up for it in another country and it won’t have any affect on your credit rating in your home country. However if you ever move back to the UK you’ll struggle to get credit.
At £900 it will most likely just get written off too.All credit card companies are international so they will probably inform your home country – they will not be able to inforce the debt, but it will affect your credit rating in your own country…and of course do not attempt to re-enter the UK, they have very long memories

 

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Can a debt collection agency take me to court if I don’t provide a financial statement?

May 16, 2010

No, there is nothing that they can do. My guess is that they want to collect their money faster and close the account and be done with it. Having your account opened means dedicating resources to getting their money back. Just keep paying and ignore their calls.

You live in the UK? Here in the States there are laws regarding harassment, maybe there are some laws over there that might apply?No they can’t do anything more than collect the payments you send in. Fact is you agreed to pay a specific amount and you are doing so. They can not take you to court. Only time they can do that is if you stop paying them period… Don’t ignore their calls (or you can if you wish) but legally if you are paying as agreed, they have no further reason to contact you, they’re harassing you. They’re assuming because you are willingly paying more, you can pay it off in full. Doesn’t matter if you can, they agreed on an amount with you, they’re entitled to no more than that per week.. Paying more is good though, obviously it gets the debt off your shoulders that much faster, but don’t let them bully you. Next time they call tell them "I’m paying as agreed, in fact more than agreed, call me again and you will have a harassment suit against you"… And here on out, record all calls from them, you just might have a legit case… And no, don’t send them anything but your payments, they don’t need any statements from you – they’re trying to use scare tactics, don’t fall for it. What they want to do with your financial info is try to get you to agree to raise your payments even more. You probably shouldn’t have even called them about raising your payments, now they may be able to use that against you if you send out less the next week.. Be careful with collections, they’re sneaky… So long you never signed anything saying your payments will permenatly be more, you should be fine, but for future reference, never agree to pay more than necessary. It’s fine to send more, but never agree to it on a weekly basis, you could be held to it… good luck.It is none of their business what your financial details are, don’t let them bully you, they will try every trick in the book to scare you into paying more than you can afford. A debt collection agency recently sent me an income/expenditure form to fill in. I sent a letter back refusing to give my details, I offered what I could afford and also informed them that I would only correspond by letter so that I would have written evidence of everything. They accepted that and I only pay what I can afford. As long as you are paying something it is very unlikely that they would take you to court.

If they don’t stop calling you, send this :-

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

 

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Understanding the credit crunch?

May 13, 2010

The money that the banks received are loans from the government. Some have already paid back. For a Brit, you seem to have an EXCELLENT handle on what happened here in America. Most Americans cannot even articulate what happened like you just did……and THEY went through it!! LOL. You are correct about the inflation….that is going to be our next financial crisis in the next 3-5 years.The money never actually existed the credit crunch is just an excuse to raise taxes against the poor in favour of the rich .

If ever i see a politician being evicted from his home i will vote in his favour forevermore as he must obviously be the only honest politician the planet .

 

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College student debt collection?

May 11, 2010

Hmm, it sounds like something the school did.

However, because the check didn’t clear, that means they never received the funds and thus never got paid. What I would do is just show your school the receipt, to show that THEY messed up, and hopefully they can just work out a payment plan.

Have they broken laws? I can’t think of any, but if it does go to court, I would show the receipt to show that it was paid in full.

 

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How would i go about purchasing debt to start up my own collection agency?

April 30, 2010

Its not that you should be concerned about. Its the licence you need in order to work as one, you should be worried about.

Have a look here to find out more: http://www.ehow.co.uk/facts_5393806_collection-agency-laws.html

 

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A debt company has sent me a letter threatening a doorstep collection.How best to avoid them?

April 29, 2010

Pay them !

you have no money but i bet u waste loads on un needed things each week.

you cannot avoid them, face them and work it out – they will find something to take believe me and make life very difficult for you. were you aware that they can now legally get money taken from benefit payments if you refuse to pay?????It all depends on the type of debt it is. If its for example a council tax bill you cant avoid them. If its a personal debt then they have no rights to come to your home without a court order which its very unlikely they would get

 

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