Legal Query

[Aoami]

Yo,

I owe Halifax about 700 quid becase I took out a student account with them, spent the overdraft, and forgot about the account and got my student loan paid into my current account. I got the account in August 2008, a couple of months before i started uni, when i lived in a flat which i haven't lived in since September 2008.

People from Avantis credit keep ringing me up and asking for my details (for DPA purposes), which i'm refusing to give them unless they tell me what the matter is about (I don't owe anyone else, so I assume it's Halifax). They keep saying "well, we'll send you a letter then". I can't get these letters, obviously, as I don't live in the flat anymore, but they have sent a letter to my mums address. My mum has sent the letter back with "not at this address" written on it.

When I signed up for the account, I didn't give them anyones address other than my own, so I want to know how they got my mums address.

Also, if baliffs turn up at my mums house, cos i'm not giving them mine, can they take stuff from hers to pay it off, because I don't actually live there. What are their rights?

I'm intending to see if it will blow over for a little while, and if it doesn't i'll go down to the bank and try and sort it directly with them. If i say something along the lines of "I got the account, then didn't get into the university of my choice so I took a year out, started uni the year after and got a new account into which i paid my student loan. Would i be able to reopen the Halifax account and start paying into it?" will that fly?

Any help would be much appreciated, thanks in advance.

btw - i know i've been stupid but living on a student loan with no job and no support from my parents is not easy. I get £2000 a term, rent is over £1200, plus another couple of hundred for bills, then food etc, it ain't easy at all!

 

[Raven]

They could have got your address from the electoral register I suppose, I assume you are still registered at your home address? (your mums) rather than your student house/flat/halls.

Other than that, not sure to be honest. If you aren't living there then you aren't living there, I would have thought (but can't confirm) that it is down to them to prove you live there rather than your mum proving you don't.

We used to get bailiff letters and what not to our old house from the previous tenants. I just kept telling them I had no idea who they wanted or where they had gone (They had done a moonlight) They eventually got the message and left us alone.

 

[Insane]

get a job you bloody sponger

 

[rynnor]

Also, if baliffs turn up at my mums house, cos i'm not giving them mine, can they take stuff from hers to pay it off, because I don't actually live there. What are their rights?

No they cant take her stuff but some bailiffs may be stupid so best advice is to never open the door to bailiffs - they have no right of entry so you can just ignore them - explain through a closed door.

However in general you have been silly - they are unlikely to forget about it and the amount will raise considerably if bailiffs become involved.

Best thing you can do is go to see your local Citizens Advice and get them to negotiate a deal with Halifax. Sticking your head in the sand is a very bad idea.

 

[Ch3tan]

I may be wrong on this, but if Avantis are rigning you, then Halifax have sold them your debt, and it no longer has anything to do with them? It is Avantis who you will have to deal with.

 

[Insane]

It is Avantis who you will have to deal with.

My advice? buy some kneepads and some wet wipes.

you'll be sucking for quite some time.

 

[Aoami]

Grim.

 

[old.user4556]

I may be wrong on this, but if Avantis are rigning you, then Halifax have sold them your debt, and it no longer has anything to do with them? It is Avantis who you will have to deal with.

Chet is right.

 

[Talyn]

Sticking your head in the sand is a very bad idea.

QFT.

I'm the shittest person with money in the world. Since I was 18, I've been in debt (no mortgage), loans, credit cards, blah de blah.

Buy ignoring the letters, my total debts effectively doubled - nothing too bad compared to a lot of others, about 15kish.

Anyway, I got myself organised, been paying it all off, and now for once, I've even managed to get money into a savings account.

You gotta face them head on, even if you only offer them a fiver a month, and can prove your skintness, it'll be fine. The CAB should also be able to stop any interest accruing.

Also, if you have any solicitor friends who deal with debt recovery, there are many questionable but legal loopholes to get the debt just plain old written off...

 

[Zenith.UK]

Right Aoami, here's what you need to do.

1) Contact the Consumer Credit Counselling Serivce (CCCS) on 0800 138 1111. These guys will give you a reference number once you register with them, and will arrange a phone appointment to discuss your income and expenditure a couple of days later. Be sure to have your figures to hand for that appointment, and consider EVERYTHING that you spend money on, along with a list of who you owe money to and how much is outstanding with each.
2) Once you have that reference number, YOU phone Avantis up. Give them the reference number that is on a letter from them, or go through the hoops they need to identify you. Tell them that you're having financial difficulties and are taking advice from the CCCS. Give them the CCCS reference number and say that you're waiting for a phone appointment to discuss your finances. Also update Avantis with your current real address. This will show Avantis that you're not just fecking them around and you're actually serious about having financial problems.

Avantis will threaten all sorts of nastiness. Don't let them intimidate you because as an unsecured creditor, they know they have no real power to enforce action against you. Threats and forcefulness are all they have.

CCCS will probably advise you on how much you can pay them back. Once you have this figure, get back onto Avantis and make the offer. They may say that they don't accept your offer and want payments at a higher level than you offered. You just tell them that you can't pay more than your offer because you don't have the disposable income after your necessary expenses (food, utility bills, TV licence, essential transportation etc etc).

If Avantis threaten you with a visit by an agent or debt collector, don't worry because they are just as powerless as Avantis themselves. This page here is fantastic for what to tell them regarding doorstep visits.
How to stop Debt Collectors in UK - 4 legitimate ways

At the end of the day you will have to address the debt because if you ignore it, it will just get charges, charges and more charges added. By making an offer and making regular payments (even if they haven't accepted the offer) you're in a good position if they decide to take you to court about it.
My *opinion* is that they won't go that far because if it goes to court, they've effectively lost the money. While it's outside of the court system, they can bluster, threaten and generally harrass you for the debt. If it goes to court, it's no longer in their hands and they can't do a thing about it.

 

[Zenith.UK]

One more thing and this goes for any debt.

The only debts that can be enforced by bailiffs with a Warrant of Distress (permission to enter your home) are Crown debts. These mean outstanding tax and court payments. Income tax, self-assessed tax, Council tax and CCJ payments fall into this category. Mortgage debts can also fall into this category because there's property involved.

Everyone else is just another Joe and has no authority to enter your home without your express consent.

 

[throdgrain]

Or you could just try paying the money you owe?

 

[Bugz]

Get a job, work your ass off and pay them back! (or use the helpful advice zenith gave)

Cleaner jobs are always going. I don't know why people don't do them. 6 quid an hour to hover & clean as your listening to your mp3 - bliss!

 

[throdgrain]

I listen all day long to people whining about how they cant pay their bills, like it was my fault. I fucking hate most of them

 

[pcg79]

Get a job, work your ass off and pay them back! (or use the helpful advice zenith gave)

Cleaner jobs are always going. I don't know why people don't do them. 6 quid an hour to hover & clean as your listening to your mp3 - bliss!

because of the unsociable hours?

 

[Gumbo]

Yeah, far better to take a bunch of cash from a bank, which you weren't entitled to under the terms of the account in the first place. Then run away from the debt and refuse to accept responsibility for it and hope it might just 'blow over'. Than it would be to work a few unsociable hours, but face up to your fiscal responsibilities and pay the money back.

 

[tris-]

If they harras you or use methods of embarassment to secure repayment of debt then there is a criminal offence under the Administration of Justice Act. This includes talking to employers, family, friends etc about your debt.
If they've sent a letter to your mother about your debt, then its a bit dodgy.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700031_en_5#pt5-l1g26 S40. Not much you can personally do about that though.

Try these guys http://www.nationaldebtline.co.uk/ for debt help, its operated by Birmingham Settlement.

The overdraft is potentially a regulated credit agreement too. If the harrasment is really bad and youre not getting the correct arrears notices and default notices, then you might consider taking the creditor to court to argue an unfair relationship.