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Debt to pay back the money, the natural! But there may be a lot of misunderstanding about what creditors (your Lender) can do and cannot do and what not to do for you.

We hear from clients that the parties are very frightened of the bailiff (law enforcement officers), or that they will be sent to jail only if they have missed one or two regular payments or just received a notice of default or court Notice.

In fact, a lot of times the creditor’s practice just wants to make you pay extra, so you need to understand your legal rights to help make you feel more assured.

Knowing what creditors can and cannot do, understanding the debt recovery process can help eliminate your debt worries and uncertainties.

What can creditors do?

  1. They can contact you about your debts by telephone or letter;
  2. They can send people to your home to collect debts. Please note that these are not legal law enforcement officers, like those who call the accounts, and there is no greater power that they have.
  3. They may continue to add interest and charges to your arrears in accordance with the original agreement.
  4. They can withdraw money from the affiliate account. For example, If you have a credit card and a current account in the same bank, they can enter a current account to deduct the amount owed on the credit card. They don’t need your permission, but they need to remind you beforehand. This is called the Bank’s right to Cancel.
  5. They can issue default notifications. Such notifications are usually sent after 3 to 6 missed payments and as a warning that your account is about to default. If you do not have a debt in two weeks, your default will be set up. This will show up on your credit profile for six years, so your credit will be compromised and you’ll find it hard to get credit in the future.
  6. They can pass on debts to the debt-collection Agencies. They have no more statutory power than creditors, but they may disdain everything and more insist on contacting You.
  7. They can sue you in a court of law. If you receive any court form, you must fill out and indicate how you will repay it. The court will set a repayment amount, it is important that you pay in accordance with the provisions of the court, otherwise the creditor may take further action against you 8. They can issue statutory requirements. This is their first step in forcing you to apply for Bankruptcy. Fortunately this is only applicable for debts exceeding 5000 pounds, so it is not very common.
Sheriff officers

Sheriff officers

What can creditors do?

  1. They can’t harass you; It’s your responsibility to let your creditors know about your situation, but that doesn’t mean they can call you every day. If you want, you can ask them to contact you only in writing, but if you do, you must check and open your mail/email.
  2. They cannot violate data protection laws, so they cannot contact your family, friends, neighbours or employers without your permission.
  3. They cannot pretend to have legal powers they do not have, such as looking at their letters as court documents, or claiming that they would send legal law enforcement officers without a court decree.
  4. They cannot add too much interest or charge. Even if you miss a regular payment, they won’t be able to raise interest rates. And they can’t ask you to pay more than they cost, for example, a creditor can’t charge you 100 pounds for writing a debt letter, because they cost far less than £100 to write.
  5. They can’t find or contact you on social media 6. Sometimes talking to creditors may not be pleasant, but they cannot pose a threat or insult to you or lie to you.
Contract

Contract

In practice, you will find that many creditors are more helpful than you think, especially if you explain your situation to them and let them know that you are trying to get help to try to repay the debt.

If you are in court as a debt defendant, or are considering taking legal action against someone who owes you money, please contact us.

If you have any questions about the debt, please add our WeChat message or call our hotline at 0141-3320047 to let Dr. Liu Lihe to escort you to your English life.
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