HOW TO CLAW BACK A DIRECT DEBIT

Ever been stung by a forgotten direct debit? Had an incorrect amount of money taken from you by direct debit? Or perhaps had a direct debit taken at the wrong time causing you financial hardship? I suppose like most people you think the money is gone and can’t be recovered? Perhaps you think it was years ago so nothing can be done?
WELL THEN YOU HAVE BEEN MISLED.
The reality is like most people you probably don’t know how to use the direct debit system….and the big corporations don’t want you to know, they prefer you live in ignorance and keep paying up like a good little cash cow.
SO NOW TO ARM YOURSELF WITH KNOWLEDGE, LETS BUST SOME MYTHS
Direct debits are not a one way street (e.g. money only comes out of your account). Money can travel both ways.
The money that is debited from your account does not go to the company you owe; it in fact goes to the bank…they then pay the company from a different fund. The bank is acting as a guarantor for the direct debit system.
If a direct debit is taken from you for the wrong amount, at the wrong time or a payment that you didn’t want to be taken then the bank have a contractual responsibility to refund the payment back to you.
This is no real time limit to this either but I would generally take the limit as 6 years.
So here is what you do
Call the bank or go into a branch, tell them what has been taken and when. Then say you want to make a direct debit indemnity claim (pronounced in-dem-nitty). Don’t go into details because you don’t have to; just tell them the amount was taken in error or at the wrong time. Sometimes the staff member won’t know what you’re talking about or try to fob you off, eventually they will seek advice from a supervisor and it will be paid….but usually they do it right then and there. If you encounter some resistance you only need to tell them that it is their responsibility under the direct debit scheme to refund you.
Here’s the story of how I found out about how to do this…in case anybody is wondering
Years ago I lived in a bit of a rough area so I sensibly took out home insurance; I paid the premiums for two years by direct debit then I was burgled while out working a night shift. I dutifully filed a claim with my insurer but they refused to pay me on a silly technicality.
At first I complained and was rebuffed, I went to the ombudsman and got fobbed off…so in my anger I decided to take revenge on the insurance company for swindling me and I resolved myself to make them pay a price for the deception. I sat down and read the small print of the direct debit agreement then lo and behold I found the clause for refunds.
I went into my bank and told them I had been paying by direct debit for two years by error and requested a refund of the entire amount. Back then the refund process wasn’t as well known as it is today so I had to keep repeating myself until the branch staff member went and double checked with the bank manager, he of course knew what I was talking about. I took back every penny I had ever paid to the insurance firm…two years worth of payments. Although it didn’t cover everything I lost in the burglary it felt good to punish the insurance company for trying to swindle me.
You can reclaim a direct debit for any reason and you don’t have to tell the bank anything more than it was either the wrong amount, taken at the wrong time or it was taken in error.
It’s childishly easy

how to shake down a debt company for cash

Are you being harassed by a debt collection agency? Want to fight back and make money? Don’t fancy taking the huge financial gamble of suing?

IT IS IMPORTANT YOU DO THIS IN THE RIGHT ORDER SO BEFORE TAKING THIS STEP GO TO MY BLOG ON HOW TO CRUSH 99% OF DEBT AND FOLLOW THE STEPS FIRST.

In this blog I’m going to introduce you to a little known process that I have used to my advantage several times now. A few months ago I suffered a severe allergic reaction to a bath soak product sold by a major supermarket chain; I emailed them with pictures of what it had done to my face. The PR department emailed me back basically fobbing me off, after several emails they would not even entertain the fact that they were liable, then I sent them a document in the post…they caved in immediately and gave me compensation.

Back in 2006 a debt company were chasing me for a debt that was void (as all debts are once they get sold to a debt collection agency) I demonstrated proof they had no claim against me but they just wouldn’t accept defeat, kept calling my phone every day and sending me letters….then I sent them the same document in the post. After a little fiddling around they paid me £500 and never bothered me again.

All this was done without resorting to court cases or solicitors letters….what made these corporations give in?

I sent them a commercial lien.

This is a little known but incredibly powerful process, it can only be made void by a jury of 12, not a judge or magistrate. The commercial Lien is enshrined in the highest law of the land which is common law. Once issued the person or corporation have only 3 courses of action

  1. To pay the full amount you are demanding
  2. To engage a common law court with a jury of 12, to have their side of the story considered where you will of course be allowed to have your side of things considered too.  The Jury has the power to wipe away your Lien (if, for example, they don’t believe what you stated), or to modify the amount you have demanded (if they think it was unreasonable). This is because the whole process derives from the Common Law (Note: NotStatute Law, which is subsidiary to Common Law!)
  3. Or they can wait 99 years with the lien hanging over their heads, during which time you can progress the lien to a debt collection agency and even call in bailiffs.

 

You can take out a Lien against anybody but for the sake of ease I am making this blog about debt collection agencies that just won’t stop. Often you can get a company to back down just by threatening with a Commercial Lien…if the person doesn’t back down the steps to get cash is a little fiddly but can be worth it.

Firstly here are some important things to bear in mind before I go to the step by step process

KEEP YOUR DEMANDS REALISTIC, YOU WILL HAVE A MUCH EASIER TIME GETTING A GOOD RESULT IF YOU AREN’T TRYING TO CHARGE MILLIONS OF POUNDS.

DO NOT LIE, YOU WILL BE INCRIMMINATING YOURSELF

IF YOU ISSUE A COMMERCIAL LIEN THEN YOU HAVE TO BE PREPARED TO GO ALL THE WAY.

A COMMERCIAL LIEN IS A BIT LIKE A CHOKE HOLD, IF YOU PUT IT ON THEN YOU HAVE TO ALSO TAKE IT OFF ONCE YOU HAVE WHAT YOU WANT.

So here is the first step, in common law you have to act “with honour” therefore you send a warning letter detailing your intention to issue a Commercial Lien if they don’t pack it in. Here is the link to download the letter

https://www.dropbox.com/s/pniehyaos1ykn4v/NoticeOfFirstAndFinalWarning.doc?dl=0

I have put <brackets> in the parts where you have to fill your details then delete the brackets, print the document and send it to the company BY REGISTERED POST.

You now have to give them 30 days to respond so that you have acted “with honour”. In most cases the debt company will just go deathly silent and never bother you again (once they realise what a Commercial Lien does). Out of 18 times I have threatened a debt company with a Commercial Lien only one of them dared to call my bluff….and it cost them £500.

And now if you want to take this step here is how to issue a Commercial Lien.

Firstly find out who the boss man is (you can usually find this by googling them)

Here if the link to download the pre-prepared document, look for the <brackets> and fill your details in. Make sure you issue the Lien to the boss (this will scare them).

https://www.dropbox.com/s/np0mqaps2g7mmnn/CommercialLienStatementOfTruth.doc?dl=0

This is called a statement of truth. Detail how this company have wronged you, DO NOT LIE AND KEEP YOUR DEMANDS REASONABLE .Fill it in and then print it. Do not sign it yet as you now need it to be witnessed and stamped by a public notary. This isn’t as difficult as it sounds and most solicitors offer this service. Here is a link to find a notary in your area.

http://www.thenotariessociety.org.uk/

It is very cheap to get a notary to sign and stamp it, just tell them you need a statement of truth notarising.

Once you’ve done that download and fill in the document below, print that off and send both documents to the debt company.

https://www.dropbox.com/s/usatc4fimfy8gsy/PublicNotice.doc?dl=0

Now wait for the fireworks

In most cases you will be offered a sum of money less than you asked….either take the money or refuse and demand the full amount that’s your own choice. You will get an increased offer if you refuse, I always accept it as enforcing a Lien as a debt is an awful lot of hassle and you are being given free money after all.

Along with payment you will be sent documents to remove the Commercial Lien and it is important you fill them in to remove the Lien.

And there is what I call my shock and awe tactic that I use when all else has failed

It hasn’t let me down so far

HOW TO SHAKE DOWN A BANK FOR 6 YEARS WORTH OF CHARGES + INTEREST

I’ve been asked by a few people about reclaiming bank charges and how to go about it, so I decided to write up a blog as many people believe that this is no longer possible. It is still possible to claw back bank charges and then some as I have done many times…not just my bank either, also my credit card company. I find the whole charges process to be a bit of a racket given that unauthorised overdrafts cost the bank nothing really.

Before doing this you need to ask yourself if you are willing to just get back a proportion of your charges or if you want that whole lot plus interest…that’s right interest…after all they will charge you interest on money owed so why not turn the tables on them?. If you want the whole amount plus interest then you have to be prepared to take it all the way! That means filing a case with the small claims court, this process is easy and can be done online…there is a charge to do it but you will get that back on top of your charges…to get the banks to properly pay up in full you will almost definitely have to file the case, I will tell you what to write when filing a claim too and you will be surprised how easy it is to do this, you won’t have to actually attend the small claims court. However you can get about half the amount back by just sending the letters I have, as always they can be downloaded from here.

This will cost you £10 plus the price of sending 3 letters…sadly there’s no way of getting around spending the tenner but it’s worth it when you know this process will get you 6 years worth of bank charges refunded plus interest…it can add up to a pretty tidy amount.

THIS PROCESS CAN ALSO BE USED TO RECLAIM CREDIT CARD AND STORE CARD CHARGES, THE STEPS ARE EXACTLY THE SAME.

THIS GUIDE IS AIMED AT RECLAIMING UNAUTHORISED OVERDRAFT FEES AND RETURNED DIRECT DEBIT FEES.

RUNNING FEES FOR A PAID BANK ACCOUNT CANNOT BE RECLAIMED AS YOU AGREED TO THEM WHEN OPENING THE ACCOUNT.

So here is the process I have followed time and time again to get my charges back. Firstly you need to know exactly how much the bank have taken from you over 6 years; you can get the them to tell you because they have to by law…this is where you need to spend the £10. Download the letter from the link below, fill in your details and send it to your bank with the £10 payment…under the data protection act they are required by law to hold all your statements on record for 6 years and you have the legal right to request them although you have to pay “reasonable costs” to the bank…which is £10.

https://www.dropbox.com/s/ybgjf0ypksh3lon/RECLAIM%20BANK%20CHARGES%20STEP1.rtf?dl=0

Getting the statements back can take up to 28 days so now just be patient.

When the statements arrive firstly make a note of the date the first ever charge was taken…now the boring bit…go through all the statements and add the charges all up. Totalling up the charges does take ages (or it did for me at least) but think of the money ;-)

Go onto Google and seek out a simple compound interest calculator…if you want to charge them interest that is, enter the total amount of charges and the date of the first ever charge…then bingo! You now have the amount you want to chase them for. If you don’t want to mess around with this then just skip that step as many others do.

Send the second letter that can be downloaded from the link below, fill your details in the blank sections and post it off. You will almost always get some form of reply that is a refusal…chuck it away.

https://www.dropbox.com/s/neyser4cbogdsk5/RECLAIM%20BANK%20CHARGES%20STEP2.rtf?dl=0

Now download and fill in the 3rd letter from the link below, this letter reminds them that you have a case against them and that you will take it further if they don’t pay up.

https://www.dropbox.com/s/anrwss3ij5j7y8i/RECLAIM%20BANK%20CHARGES%20STEP3.rtf?dl=0

Banks operate slightly differently so in some cases you will have received an offer for roughly half of the charges. Here is where you have to make a choice…take the money or take it to the next step? The banks almost always won’t pay the full amount until they receive the paperwork for a small claims court case…but when they do get those they will cave in almost immediately. I have sent 4 of these now and it always happens the same way. You can do it online but it’s going to cost a small fee (which you will also get back on top of all the charges and interest) here is the link

https://www.gov.uk/make-money-claim-online

Below is a link to download a document telling you what to put in the claim form

https://www.dropbox.com/s/6dr6u0cagkvbdf3/RECLAIM%20BANK%20CHARGES%20STEP4.rtf?dl=0

As soon as the paperwork hits the bank they will immediately back down paying the money owed plus the cost of filing the case with the small claims court.

A lot of people are very wary of taking this last step but there really is nothing to worry about, it’s only a civil matter between you and the bank.

It’s very worth taking the time just to get the money

And after all it is your money

DIRTY DEBT COLLECTION TRICKS EXPLAINED

I get loads of messages asking for help from people who have fallen foul of the dirty tricks that debt collection agencies use. When I explain that it’s a trick many people don’t believe me or at least need a detailed explanation. So instead of sending out the same thing time and time again I thought I’d list the tactics you can expect from a debt collection agency and explain why they are nonsense so as to make a point of reference for people in the situation.

Some of these tricks you might think are illegal…but sadly they aren’t but they should be. Unfortunately this whole industry is largely unregulated so it gives rise to all kinds of shameful tactics because there’s nobody around to stop them.

 

So to start with here’s the worst of them…the one that most people fall victim to.

THE ENFORCEMENT LETTER

This is the one that scares most people, it comes hand delivered, and it’s a pre-printed form with the details written in hand. Often they give a time and date when they will be back to remove your goods even if you are not home. You are then given a mobile number of the “enforcement agent” to contact immediately.

Here is a copy of a real letter my friend got only 3 days ago, obviously I have edited out the personal details but I have left everything else, even the name and phone number of the “enforcement agent”. Have a look.

Removal Letter2

The truth:

They get some dreary soul to drive around a massive area with a box full of these pre-printed forms, he arrives at an address and quickly writes in the details of the person, he then sneaks up to the house and posts it almost always without knocking. This guy is basically a leaflet distributer, the phone number on the form isn’t the guy who delivered it really, in fact it’s just the moron in charge of the dreary souls, and he gets commission for every “debt” he brings in. They put the time they will return so as to add pressure on you and make you scrabble around for the money. The reality is they aren’t coming back at all; it’s a trick so ignore it

To come and remove your things would require a court warrant…but even then it wouldn’t give them power to force entry. You would have had court letters long before a warrant was issued.  If the original debt was a magistrate’s fine they would still need to go back to court to get a court order so you would have got two sets of court documents.

WHAT TO DO:

If this is for a normal debt that wasn’t a magistrates fine then got to my blog on how to crush 99% of debt and follow the steps to crush the debt.

If it’s for a magistrate’s fine then I’m afraid you will have to pay…but not the debt collection agency. Work out what you can afford to pay and then contact the magistrates…tell them an amount lower than what you can afford so you have some wiggle room then they will work out a payment schedule with you. The original fine is now gone but the debt collection agency may try to pursue you for their commission so just go to my blog about crushing debt and follow the steps to crush them.

This next one is my favourite

 

THE SOLICITORS LETTER

You get an official looking letter claiming to be from a firm of solicitors acting on behalf of their client. Google the solicitors and you often find a real website and everything .The letter will contain contact numbers to call and if you call them you will hear the phone being answered by a legal secretary.  A lot of people get scared by these things as it makes them believe that legal action is imminent

The truth:

The website is owned by the debt company, the contact numbers go through to dedicated phone in the debt collector’s office so when it rings the staff know to answer the phone with “hello this is bullshit, liars & tosspots….solicitors at law”, but unlike real solicitors they just happen to take payment over the phone.

WHAT TO DO:

They don’t have a leg to stand on and they know it so they are pulling any trick out of the hat. Go to my crushing debt blog and follow the steps.

THE MYSTERY LETTER

You get a letter with little information on it, it tells you to call a certain number and quote a certain reference number, and it signs off saying it is regarding an urgent matter. This trick snares a lot of people purely because they don’t know what it is and call the number in all innocence.

The truth:

This letter is a fishing exercise, they use it when either they aren’t sure if you live there or you have ignored previous debt letters. The aim is to get you on the phone where you will be recorded…they will then use pressure tactics to try and get you to enter into a verbal contract, if you do they will have a valid debt to chase against you with a recording to prove it instead of an unenforceable debt which they have at the moment.

WHAT TO DO: if you have made the mistake of calling them, then as soon as they tell you it is regarding a debt either put the phone straight down or tell them to send you a letter. Do not acknowledge the debt exists as this can be used as proof they have a claim against you…and they are recording it. Once they write to you just follow the steps in my blog about crushing debt. If you didn’t call them then do nothing…sooner or later they will write to identifying themselves and then follow the steps I set out in my crushing debt blog.

So there you have the main weapons these people use, you might ask yourself why they use them. The reason is that they are really just salesmen trying to sell you a contract.

Let’s face facts, if somebody turned up at your door and said “hello there, I have a contract here and if you sign it you will be agreeing to pay me money for no real reason, do you mind signing it? I can’t force you but will you sign it anyway?” imagine what your answer would be?

So they have to use these stupid pantomime tricks

They are not debt collectors they are salesmen, nothing more

Remember that guys and gals ;-)

Guidance on Tv licensing

Ok so a lot of people have been asking about Tv license issues so here is my guide to avoiding paying it and also what to do if caught without one.

I left home 20 years ago and in that time I have owned two tv licenses both for roughly 6 months, I have been caught without a license nine times…yet I have never been prosecuted, never been to jail and never been fined any amount because I know the real truth about this whole racket.

There are a lot of misconceptions about the TV license. A lot of lies have been and still are being told by the BBC. The name alone is misleading as the license is not for the tv but for receiving broadcast television. So I’m going to bust some of the myths for the benefit of all those who have been messaging me. so let’s dispel those myths

TV detector vans do not exist!!! this is a clever propaganda trick to scare people into paying up like good little sheep. They track you through other methods such as the electoral role and commercial information that you volunteer like when you buy a tv in a store they ask you for your address.

TV license evasion is not a criminal offence!! yes I know you’ve seen the adverts saying that it is…well believe it or not the TV is lying to you because it is in their interests to deceive you.

You will not go to jail for not having a license, yes I know you’ve heard of people who go to jail for license evasion…well that is another lie. What happens is they get taken to a magistrate’s court, get a fine and don’t pay the fine…that is why they went to jail…not paying the fine (which is a criminal offence) but you are mislead into believing it was because they didn’t have a license.

You don’t need a license for watching TV on a phone, tablet, laptop or Pc despite what you have been told…more lies.

Ever since January I have been legally license free, I watch downloaded content only, I download what I want to watch and pipe it through to my TV through a HDMI cable, if I want to watch a tv programme I use a free catch up TV service on the web and stream it to my TV via the same method. This means I don’t need a license.

The people who come out to catch you work for a private company called capita, the BBC got tired of all the bad press that came with enforcing the license so they handed it over to capita so as not to damage the BBC brand. The employees get a bonus for every license they sell on the doorstep. So stop thinking of them as enforcers and start thinking of them as salesmen!!!!

Here is a list of powers these people have

….

….

….

Long list wasn’t it?

Given a chance these people will read out a caution to you……this is a stupid  pantomine trick that loads of people fall for. they can’t legally caution you , only a policeman can do that….it’s nothing more than a scare tactic

You may get those “official warnings” and “notice of impending action” letters, these are computer generated and sent out by the hundred thousand. They are merely a psychological tactic to scare you much like the letters debt collections agencies use.

Here is what to do if a Capita salesman shows up at your door and you don’t have a license.

DONT let them in, they have no power of entry

DON’T give your name or identify yourself as the occupier, this destroys them because they need you to volunteer the information and without it they can take no action….they can’t issue a summons for Mr or Mrs nobody, like most things in this country it is purely relying on the information you voluntarily give.

DO: tell them to go away or make an excuse why they can’t come in and why you have to close the door.

I’m on shaky legal ground here…if I encourage you to evade the license fee then that would be highly immoral and I could be incriminating myself I’m not really sure on that score.

So you should like…totally buy a license now…and don’t be such a naughty sheep ever again

However

I have heard stories of people contacting the TV licensing people and telling them they no longer receive broadcast TV…while still continuing to do so ;-) , if you do TVL will refund you whatever is left on your license as they did with me when I went license free. They will send you a letter telling you that they may do a visit to confirm this. I went license free in January yet nobody has ever come to my door and even if they did I would never let them in out of principle.

Lastly here is a transcript I had with a TVL doorstep visitor I had back in 1997, it was 8am in the morning and  I had just finished a 15 hour night shift, I was shattered and badly needed a shower and my bed. So as you can imagine I wasn’t in the best of moods. I remember it well because it was my first run in with these guys and in my ignorance I did worry about what would happen for weeks after.

Enjoy

TVL: hello are you the occupier?

ME: yeah who are you?

TVL: TV licensing enforcement, we have no record of a TV license at this address. Do you watch Television?

ME: no not at all

(you could clearly hear the voice of a TV presenter reading the news)

TVL: could I quickly come inside and do a visit to confirm this?

ME: no piss off

TVL: I can hear your TV, we can sit down and sign you up for a license right now and you won’t get prosecuted.

ME:I don’t need a license I haven’t got a telly

TVL: come on mate I can hear the TV from here, either you can sign up for a license with me now which will take 5 minutes or you can get prosecuted and face a fine of up to £1000 or imprisonment

ME: I’d like to get prosecuted now f*ck off

Then I slammed the door on him

I didn’t get prosecuted and never heard a single word about it after that, nobody else ever came to visit me at that house.

HOW TO DEFEND AGAINST A BAILIFF

 

I have had lots of positive feedback about my blog on how to crush debt at but a lot of people have messaged me with worries about Bailiffs so here is a guide on how to destroy a bailiff. This is perfectly legal (unlike the way Bailiffs act).

I did shy away from doing this as the Bailiffs issue is a complex one that involves various different factors and levels, but people are asking for help so I’ll have a crack at it.

Some of you may have been watching the channel 5 fly on the wall documentary called “can’t pay we’ll take it away” which is all about Bailiffs. Ignore everything regarding the law that you hear on that programme, it is little more than corporate propaganda that gives you a highly selective series of instances designed to make the Bailiffs look like cuddly lovely people….they aren’t and if the cameras weren’t there you would see the real side of them. When I first saw that I was astounded that channel 5 are allowed to get away with blatantly giving a false impression of the law…but it does make for good entertainment I’ll give them that…just remember that’s all it is, entertainment.

PLEASE NOTE THIS IS NOT TO PREVENT A HOME REPOSSESION, THAT IS A TOTALLY DIFFERENT BALL GAME THAT REQUIRES A WHOLE SEPERATE BLOG TO TACKLE AND FRANKLY ALL I CAN GIVE YOU IS A DELAYING TACTIC.

THIS GUIDE IS FOR COMMERCIAL DEBT AND NOT UNPAID COURT FINES ETC AS THAT AGAIN IS A DIFFERENT BALL GAME

THE BAILIFFS OPERATE DIFFERENTLY DEPENDING ON THE AMOUNT OF MONEY OWED, THIS GUIDE IS AIMED AT DEBTS OF £1,000 AND BELOW, I WILL TYPE A SEPERATE BLOG TO DEAL WITH LARGER AMOUNTS AS BAILIFFS OFTEN BRING THE POLICE WITH THEM IN THOSE CASES (ALTHOUGH THIS IS NOTHING TO BE SCARED OF)

First I should point out that if things have gotten to this stage you have already made quite a big mistake, there are plenty of chances to nip this in the bud before it gets to this stage and I explain them in my previous blog, but let’s assume you hadn’t read it and only now need the help.

I personally have never had a Bailiff at my door because I crush the debt before it gets to that stage

So if you have had a letter telling you the Bailiffs are coming, which you should because bailiffs are usually meant to give you 7 days notice.

First ask yourself…are they really Bailiffs? Debt companies often impersonate Bailiffs just to scare you into submission by sending fake Bailiffs letters, I almost fell for this trick once myself.

Google the company, that should tell you all you need to know about them and weather they are licensed to act as Bailiffs

Here are the two easiest courses of action to take.

DODGE:

Bailiffs charge an extortionate fee that is lumped on top of the debt, contact the company you originally owed the debt to and make an offer of payment , this will cut the bailiffs off at the kneecaps and also means they won’t get their fee, they won’t like it but who cares? If you’re lucky you may have to deal with a debt company, offer a payment plan, they will call off the bailiffs and when the debt company sends you the payment schedule follow the steps in my crushing debt blog to destroy the debt.

RESIST:

This is my personal favourite because…well frankly I love a good verbal battle. There are several ways to do this, some of the people in my community of debt resistors favour the full blown resistance tactic. Meeting them with crowds of people, chanting “scum” and “shame on you”.

Here is a much easier tactic to get rid of them

Firstly if at all possible film them, it will keep the bailiffs on their best behaviour and make sure they don’t overstep the law as a lot of bailiffs do break the law simply because you have no evidence to prove they didn’t or you don’t know enough about to the law to know they are breaking it.

Here are the points to memorise before the Bailiffs arrive, take them to heart.

THEY ARE NOT POLICE OFFICERS EVEN IF THEY TRY TO DRESS LIKE THEM

THEY CAN’T TOUCH OR ASSAULT YOU

THEY CAN’T USE VIOLENCE

THEY CAN’T FORCE ENTRY, OR BRUSH PAST YOU (this is why it’s important to film them as many do try this)

YOU DO NOT HAVE TO EXPLAIN YOURSELF TO THEM

YOU DO NOT HAVE TO ANSWER ANY QUESTIONS

THEY HAVE NO POWER EXCEPT THE POWER YOU VOLUNTARILY GIVE THEM

THEY ARE ON THE SAME LEGAL FOOTING AS ANY COLD CALLER.

Once you take these facts on board you are appropriately armed, in our community we call this “losing the fear”

Keep your door locked or they may just walk straight in without knocking

If you have a car don’t worry, it’s usually safer to park it away from your house just in case they try something illegal and sneaky

When the Bailiff knocks firstly ask to see I.D, this will confirm that they are Bailiffs and not some other person calling for an innocent reason, they will ask for the person who is the debtor.

Deny you are that person, tell them that person moved out a few weeks ago….they will ask you who you are, refuse to give your name or give them a fake name, that’s your choice.

Refuse to answer any questions and ask them to leave or you will call the police….if you don’t feel confident doing that then just make an excuse like your baby needs you or you have to go out somewhere.

There is a very good video here that shows you the perfect way to get shut of a Bailiff, if you’re in doubt then have a nosy at it

Ok so you’re lying but it’s not illegal to lie to a Bailiff and frankly these people are the worst kind of liars…personally I think lying to a liar isn’t a sin.

Now the warrant they have is useless unless they can prove the goods they are here to remove belong to the debtor and they can’t make you volunteer that information…if they remove goods that belong to somebody other than the debtor then its theft and they know it.

In 90% of instances this will kick the debt back to the debt collection agency and then just follow the steps in my blog about crushing debt to get rid of it once and for all.

In the other 10% the bailiff will be back and it will probably be a different person, in which case repeat the same step…ask for I.D (frankly you should always ask unknown callers for I.D anyway). The debt will get kicked back to the debt collector’s agency after 1-3 visits.

If in the unlikely event this goes to a 3rd visit you can now invoke the protection from harassment act…throw it in their faces …you will be surprised by the reaction. Then it should be kicked back to the original debt collection agency so just follow the steps in my previous blog to crush the debt.

Viola!!!!!

So this guide should give you enough ammunition to squash the Bailiffs in most scenarios

Don’t let it get to that stage in future ;-)

HOW TO DESTROY 99% OF DEBT AT (VIRTUALLY) NO COST

HOW TO DESTROY 99% OF DEBT AT (VIRTUALLY) NO COST

 

In my time I have run up huge amounts of debt that in most cases I had no intention of paying, yet I have never set foot in a small claims court and have never paid a penny of it back. Sadly I was stupid and didn’t learn about debt law until it was too late to save my credit rating.

Obviously I’m not really qualified to give you legal advice; I happen to be a guy who had his back against the wall more than a few times with debt and was forced to find a way out.

This method I’m blogging about…well all I can say is that I’ve been using it since 2009 and in the time since then I have managed to get £20,000 worth of debt written off. I got into debt often deliberately, I don’t suggest anybody do this and if I had my time again I wouldn’t do it.

If you get worried or stressed with these steps I’m only a message away, I promise you I will have been in the same boat many times before and I don’t charge for my time.

THIS WON’T WORK FOR MOTGAGE DEFAULTERS.

Ok so that’s the disclaimer out of the way lets get to it ;-)

 

Once a debt is transferred to a debt company it becomes void and unenforceable!!!!!!!

Sounds crazy doesn’t it?

But it’s true

Yet a debt company will still pursue you for the money, why do they do this? Because people don’t know the law and nobody in any position of power has anything to gain by educating you. It is all a massive con. From now on for sake of ease I’m going to refer to debt collection agencies as DCA…mainly because I’m lazy.

Here are the dos and don’ts if you get a letter from a DCA

DON’T be afraid !!!!, the main tactic of the DCA is fear, the letter is designed to instill fear and make you pay up like a good little sheep

DON’T worry, they have no power and no claim against you, I will explain why shortly

DON’T sign any payment agreement or make any verbal agreement

DON’T call the premium rate phone number…or any phone number they give you, all they will do is use pressure tactics on you.

DON’T speak to them on the phone, if they call you put the phone down immediately, they are recording it and can use it against you

DON’T give any payment details over the phone or by letter no matter what they say, they will plunder your bank account and leave you penniless

DON’T believe a word they say, they are liars who have nothing to gain by being truthful and everything to gain by lying

DON’T try to argue with them about the amounts or anything else, you are in control not them.

DON’T think they are going to come banging at your door. Most DCA’s don’t have the staff and if in the very unlikely event that somebody does knock just treat them like any cold caller or Jehovah’s Witness because they have about as much power as them.

DON’T think they are going to take you to court, most DCAs threaten this but usually the most you will get is a few scary letters and after a year or so they will quietly drop the debt or sell it to another DCA and the whole process begins again

DO send any letters to them by recorded delivery then they can’t say they didn’t get it

DO keep the letters, DCA’s often try to lie and claim they haven’t said things that they clearly have.

DO laugh at the silly scary red lettering they use and the fear inducing things they say…it’s all hot air and bluster. My personal favourite is the fake solicitors letters that they manufacture to frighten people…makes me chuckle every time lol

 

Here’s how to crush the debt in a nutshell.

In order for debt to legally be considered debt it has to meet certain criteria. There must be a credit agreement or service contract signed with a wet signature from the provider (the original company you owed money to) and you (the debtor).

So ask yourself this…did you sign a service agreement or credit agreement with the DCA? No you didn’t so the letter you got isn’t really a debt letter, it’s an offer to make a contract which you have to voluntarily enter into…and who wants to enter into a contract purely for the pleasure of paying somebody money that you don’t legally owe ?

I have 3 letters you can send that will cut the DCA off at the knee caps. you can download the documents directly from here as you will see the links to do so.They already have the legal details filled in and all you need to do is enter your own details into the blank sections, make two copies of each letter, keep one of them and send the other (by registered post of course).

The key here is agreement; a DCA can only take you to small claims court if you are not in compliance with their demands. These letters are phrased in such a way that you are complying but the DCA are not so there is no case to answer.

Here are the steps

Step one:

Send the first letter.

https://www.dropbox.com/s/eupe5nnwrvpkckj/debt1.doc?dl=0

This letter basically says “oh dear sorry old chap of course I will pay you” I just need to see a copy of the agreement signed between me and you (which of course they don’t have). It also warns them that if they try to lie they may face a charge of perjury, tells them not in any circumstances to contact you by telephone. The letter ends telling them if they do not respond within 10 days then by not responding they are agreeing that the debt is void

YOU ARE NOW IN CONTROL, NOW THEY WILL DANCE TO YOUR TUNE

Wait ten days

Some DCAs will back down straight away but most will send you a letter full of bluff and bluster. If the letter is not an agreement to void the debt then ignore it but keep it…it’s just another step in the dance ;-)

Step two:

Send letter number two:

https://www.dropbox.com/s/6bin62rmi5f62me/debt2.doc?dl=0

This turns up the heat, your time is money, dealing with this illegal debt is costing you money, this letter threatens to charge them per letter and if they don’t respond within 10 days they are agreeing to the charges schedule (they hate having the tables turned on them). It also warns them not to even try and tamper with your credit file or they will be liable to a large fine and/or criminal charges

NOW THE HUNTER BECOMES THE HUNTED ;-)

Wait another ten days

Send letter three:

https://www.dropbox.com/s/9lpip0xc4nb2d21/debt3.doc?dl=0

The knockout blow !!!, now you are upping the charges to £1000, again warning them of perjury and fraud charges…basically saying put up or shut up. I can give you the letters to go about getting money from them but as somebody who has done it I can tell that it’s fiddly and time consuming but I did once take a company called Westcott for £500 after they messed with my credit file.

99% of DCAs will send you a letter full of more bluff and bluster making it sound like they are doing you a favour by wiping the debt but the important point is that you have won.

A very small proportion of DCAs will continue to send you letters but won’t touch your credit file….it’s your choice if you want to try and charge them, the steps for that would probably require a blog all on its own to explain though

all this will cost you is the price of sending 3 letters by recorded delivery.

If enough people fight back we can put an end to this corrupt racket and take the power away from these people

Don’t be a sheep, be a wolf ;-)

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