Bank account access

Discussion in 'Finance, Property, Law' started by mon_colonel, Sep 2, 2009.

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  1. I've recently had a dispute with a company over a debt which they told me they had sold on to a debt recovery agency.
    My query is do they have legal access to my bank account to recover monies owed and if not who apart from the account holder does have access to bank acounts ?
     
  2. samm1551

    samm1551 Old-Salt Book Reviewer

    Any person named on the account, any power of attorney (if held by any), and there will be a thing in the terms and conditions that the bank can claw back any monies owed to them as well. Oh and be aware that if you have any Direct Debits set up for the company you owe money to they can take what they want by DD.

    In relation to the debt if it is an error by the company I would get yourself down to your local CAB if not posted abroad.

    Hope this helps a little.
     
  3. Many thanks for the info mate, its just I'm on a Crane barge sailing down to Brazil for the next eight weeks, so getting to anywhere onshore is a nono for a while, but thats help set my mind at rest cheers.
    But would I be right in thinking a normal debt recovery agency would have no legl access to the account ?
     
  4. Normal debt recovery people have NO access to bank account, it can only come via a court order (CC Judgement). Other agencies CAN access records, normally Police / Customs / DWP and the like however they have to do so under certain legislation and it is ONLY for intelligence gathering purposes. Samms reply is correct so if you have an agreement with them they may be able to however otherwise they have to chase the alledged debt via civil recovery procedures. It really depends what the ammount is. Will it be worth their while? Are we talking hundreds / thousands? If they really want the money back they'll initiate a small claim against you in the CC.
     
  5. Many thanks CD that certainly sets my mind at ease, its not a large amount less than a grand its just I did'nt like the idea of people going into my account while I was stuck at sea for a few months and not able to pop in me local bank to sort matters out.

    Many thanks and best of luck with any further "walt gripping"activities :D
     
  6. However, you may need me to confirm certain things about your bank account, so please PM me with your account details and passwords, after which I will be in touch from Bermuda 8)
     
  7. The original company will have sold your debt cheaply to the recovery company. They will also have flagged your details to the credit reference agencies.

    The recovery company will write to you asking you to stump up the money. They will ring you. They will knock on your door. Then they will repeat those actions.

    Finally, they will go to the courts, get a judgement against you (you do not need to be there...) and then call in the bailiffs. The rules for bailiffs have been discussed on another recent thread.

    That all sounds pretty immaterial if you are on a boat in the middle of the Atlantic - but who have you left at home?!!!

    Litotes
     
  8. Thanks Litotes
    the original debt was originally 900 pounds I paid off 800 and when I went to make the final payment the company concerned said they had sold the remaining debt onto another recovery company who when I contacted them said with their administration costs etc the remaining 100 had become 600 pounds.........so f*ck em, is this legal by the way ? and whats to stop them selling it back to the original company all over again
     
  9. So you are doing a Biggs :D

    debt recovery is a legal minefield in its own right as there exists volumes of rules and regulations set in place to equal the bargaining power between Claimants and Defendants to ensure professionalism and that word all lawyers love to hate: ‘reasonableness’. Therefore, as a consequence, using solicitors for debts less than £5,000 is extremely frowned upon especially where a company has instructed a solicitor to recover debts from a private individual.
     
  10. CountryGal

    CountryGal LE Book Reviewer

    You should pay the remaining £100 that you owe, and then with a covering letter explain you have no intention of paying anything in addition too - send it recorded delivery to confirm recepit and then if it gets messy you will be in a better position, as technically they can add charges to recover the debt whilst some of the original monies are outstanding still.

    If after paying the rest you still get hassled for the admin costs fees, report this to your local trading standards, as a small admin fee is resonable - £500 isnt.

    Be aware though that DCA also resell on debts, so wouldnt be surprised for you to get the same from another company too
     
  11. Was I wrong in gripping an indebted walt? Discuss :) Not my finest hour but hey -what would ABF day be without us pissed up wunkers!!
     
  12. Stay on the barge le-crabe - I have been ordered by Knuckle Collections to come and grip you for your barge walting activities :)
     
  13. Thanx CountryGal
    It all sounds like legalised extortion to me, and if you don't know the law ( as I don't ) it can be worrying, but thanks for the advice I'll try that and see how it goes.
     
  14. I think this admin cost is way to excessive and no judge would allow them to claim this sum ...so like the others are saying in this thread, pay the £100 and let them take you to court for the rest .....

    They will instruct solicitors but their costs will NOT be recoverable so you are in a strong position to argue your case and it is anyway uneconomic for them to pursue you (although that doesnt always stop cowboy debt agencies from issuing proceedings anyway).

    Make sure you tell them even if by e mail that you are abroad and will deal with the matter on your return...that way, if they do issue proceedings and get a Judgement in Default (which is where they get a ruling in their favour because you did not attend court or contest the claim) you can apply to set it aside when you get back...

    be warned, you must apply to set it aside ASAP on your return on you will fail.

    hopefully the scum will just back off after you have paid the £100.