Recently we assisted a member whom contacted ourselves after receiving a letter which informed him someone would be knocking on his premises door to collect a ‘debt’.
A consumer had instructed a company to pursue an alleged debt. The company in question, holds themselves out to be heavy men and to a lay person, they could be perceived as bailiffs. The debt itself was a sum that the consumer has decided by themselves what was owed to them by our member.
The consumer had not and to date, has not issued proceedings in the County Court and therefore no Judgement or CCJ had been awarded to the consumer.
The company therefore has no legal grounds to enforce such debt and should be told to vacate the premises.
For clarity, where Judgement has been issued and the party has failed to pay within the time frame set by the court, the Claimant can apply to the court for a warrant of control. Once granted, enforcement officers are authorised to take goods which belong to the debtor. Sell the goods and apply the proceeds to the outstanding judgment debt owed. This is the correct and legal process.
Therefore if you receive a letter claiming to be collecting a debt, check that its legitimately owed!
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.
