Agency breaks into house to recover loan

Jermaine Francis, Gleaner Writer

MAY PEN, Clarendon:

Four months ago, Marjorie Henry went home to find her house ransacked, and her refrigerator, stove, dresser, and VCR missing. However, these items were not taken by thieves, but by representatives of a lending agency from which she had borrowed $20,000 to help with her school fees.

Henry said when she arrived home, her windows were open and her door unfastened. Upon further examination, she realised that her furniture and appliances were missing, and a handwritten note had been left on her sofa stating that the agency had taken the items in lieu of the outstanding sum owed.

No notification

Henry said she was only informed by a representative of the company that she was in arrears once, but was never notified that such drastic action would have been taken, even though the agency had her contact details.

"Apart from a gentleman who told me one time that I was owing, nobody said anything to me or found out why I wasn't paying. They just came inside when no one was here and took what they wanted and left my house open," added Henry, who has been conducting business with the agency since 2005.

She said no one had contacted her from the agency to give an explanation, or to make arrangements with her to pay so that she might reclaim her furniture and appliances.

Henry, who was going through a complicated pregnancy at the time and recently gave birth, said she was not able to actively pursue the matter, but she got in contact with the police, as well as the Legal Aid Clinic where she was advised to get a copy of the bill of sales she had signed with the agency.

Bill of sales

Section 4(C) of this bill of sales states: "The lender or its representative or agent may enter and remain upon any premises where the assigned goods … may be believed to be, and, if necessary, may break open doors and windows, gates, and fences in order to obtain possession thereof."

Henry, however, said this particular section of the bill was never explained to her, and she was not aware that an entity had the right to break into someone's house.

"I would like to think such a thing is illegal and no one could possibly give these people permission to enter someone's property like this. And I want persons out there to be aware that even though they may want the money to borrow, they must be careful when they are doing business with these institutions because you never know what will happen."

When the May Pen-based lending agency was contacted, a senior representative said, "It is not the policy of the agency to do such things, and I have no further comment."