Debt Collector at door. Does he have to prove I live there & physically serve papers

Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

The problem is that the OP will not get free legal aid for a debt matter until it reaches the committal stage. Defending a High Court action in this situation is utterly pointless unless you have a cast iron defence and/or you have serious money behind you.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

I don't think this is necessarily a High Court matter. It seems that it is a debt agency trying the serve the OP and this debt agency isn't aware of the legal rules.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

missdaisy said:
I don't think this is necessarily a High Court matter. It seems that it is a debt agency trying the serve the OP and this debt agency isn't aware of the legal rules.
Click to expand...


Legal Rules ??
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

scrivere said:
Legal Rules ??
Click to expand...

The legal rules with regard to service. Because somebody showed up at the OP's door it is being presumed that it must be a High Court matter because only the High Court requires personal service.

It seems however that it is a debt collector/agency who don't know that a) you can serve by registered post and b) that you can effect personal service by delivering a copy of the summons to the OP or her husband.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

scrivere said:
Legal Rules ??
Click to expand...
Indeed.

High Court rules require personal service of the summons. Now I doubt a debt agency would be entrusted to serve such papers. Normally a process server will be hired to do the serving and by the sounds of it, it was not a process server but a debt collector trying to collect. If it was a bone fide process server he could simply served the husband and it would be good service.

this debt agency isn't aware of the legal rules.
Click to expand...
Many of them are aware but choose the push them to the limit in their activities.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

Does the OP know its a debt collection agency or are we presuming that. Did they give your husband any details... contact details etc.
 
how many mortgage payments do I have to miss before they can take action
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

The law has changed for the High and circuit courty it does not have to be Registered court agent to serve a summons- someone from the company can now serve the summons.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

thanks for your replies.yes i do know its a debt collection agency not a high court issue.the caller couldnt serve my husband because he claimed not to know me.the summons not only is in my maiden name but also the 1st name is incorrect.surely the collector must prove who i am to serve me,its only a rented house which im moving out off soon,so is it not in my best interest to simply deny been who he says i am..as my ID show a completely different 1st and surname?
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap




You say that the person who called was a debt collector, yet you refer to a "summons". This doesnt make sense.

Either its a "debt collector" requesting that you pay your bills OR its a process server serving a summons. Both are two entirely different things and are dealt with in different ways.

If it is a process server, you husband should be aware that he is commiting an offence by pretending not to know you. If this is raised at a later date, then you'll get no sympathy from the Judge or worse.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

sorry didnt realise there was a difference,registered letters came to the house which we refused to sign so im presuming its a debt collector trying to issue me with these letters.i go by a different name to my birth cert and the loans was issued in the incorrect name,this is the name he's trying to contact..so how do i handle it if its a debt collector and not a summons
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

You can tell a debt collector to go away. They have no legal powers to compel you to do anything.

It won't stop a summons though.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

What name was on the loan ? Thats the name they will use to contact you ? If you have since changed your name it will make no differance. Its still you.

Can I ask why you are advoiding this ? Other than you don't/can't pay. But surely contacting the company and agreeing to pay something is better than worrying.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

yes the name on the loan is the name their trying to contact me on.the reason i'm avoiding it is my icb report never got tarnished with the name confusion,strange i know but im hardly going to inform them.i dont have any money to repay the loan it was a business that went very wrong and since then live very moderately.i barely survive as it is without having to pay more money out.since the debt 4 years ago i've moved alot and since got married so i was never contacted about the debt untill now.at the time i got advise from a solicitor who advised me to avoid them as long as i could until the statue ran up
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

So only 730 days to go, you need the debt clock just for you but at a reducting amount so 729 tomorrow. In the meantime don't buy any assets. And is it worth the worry, if you haven't the means to pay then they can't get blood from a stone. If they know you have nothing they may leave you alone? They must though be on to you if they've tracked you to your current rented address of many?
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

Indeed.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

I really think that you need to get advise from a sols or maybe free legal advise. The statue time has not even started to "tick" if they company/bank are attempting to contact you. It only starts when they stop attempting to contact you. Did the sols who told you to ignore it until the statue was up put that in writing... it's mad to thing a prof would give that advise.

Is this the same loan as in the last Thread you had... If it is the bank seem intent on following up on the loan. I can't see it going away.

The fact that your ICB is not effected is not the only thing you need to worry about. You will end up in court and the Judge will be aware of the history of the bank trying to locate you. You can still go to Jail for non payment of a loan.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

how can i go to jail according to solicitor this is not possible as i hav'nt broken any laws.i went to the bank at the start and asked them to consolidate my loans and i offered to pay a small amount every week,they refused this offer and actually tried putting up the repayments so i stood in the managers office and told him that i wouldnt be able to pay it,never heard from them since,not even to my parents address or any other address they had for me.
 
Re: Debt Collector at door. Does he have to prove I live there & physically serve pap

It happens
[broken link removed]

Maybe I am missing something.. as I am not a sols and if they are telling you that you have done nothing wrong then..

However if you borrow money you need to pay it back..

When you say you never heard from them... in last thread you said you were served with a suimmons and now you are saying debt collectors are at you door. Is this not them trying to contact you.
 
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