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Charles Howard & Partners

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worried_jim
worried_jim Posts: 11,631 Forumite
10,000 Posts Combo Breaker
in Debt-free wannabe
I haven'y had any nasty phonecalls for ages now and quite freely answer the phone without any worries since getting the dmp from patplan, however this morning I have received a letter from Charles Howard & Partners of Thornton Heath, Surrey , regarding my Nationwide credit card. The letter is 72 hour notice of home visit, the purpose of this visit is to secure payment from me and investigate your home situation prior to court action. Now I know that Nationwide are getting paid and Payplan have advised me that Nationwide have accepted my dmp. should I call these people, will they turn up, or is it a scare tactic?
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  • scaredy_cat
    scaredy_cat Posts: 7,758 Forumite
    bumping up
    Cats don't have owners - they have staff!! :D:p
    DFW Long Hauler Supporter No 150


  • Honeybee_2
    Honeybee_2 Posts: 290 Forumite
    as far as I know, sending someone around for a home visit, they have the same rights as a paper delivery person, they do not have a right to access your home and you're well within your rights to just tell them to do one or you'll report them for tresspassing.
    Debt free in 2010 :beer:
    £6551.35 paid so far.

    This WILL be my debt free year! :T
  • 10past6
    10past6 Posts: 4,962 Forumite
    worried_jim wrote: »
    should I call these people
    No, no, no

    Do NOT call them, they'll try and bully you, you have NO reason to call them, send them the following letter by recorded delivery, and stick one on your front door!!

    Dear xxxx

    Account Ref xxxx

    Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

    Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

    Yours faithfully/sincerely
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    Jim

    Have you sent a CCA request for this account?

    Dear Sir/Madam

    Re:− Account/Reference Number: XXXXXXXXX

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

    We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    thank you 10past6 I've a feeling that its just a blag on there part and if they do turn up, which is stupid as a- I wont be in and b-they wont have access to the building.
    I will forward the letter to payplan. Seems a bit heavy handed for £966.

    I haven't sent a cca request , not sure how this would help me or what it really is.
  • 10past6
    10past6 Posts: 4,962 Forumite
    worried_jim wrote: »
    I haven't sent a cca request , not sure how this would help me or what it really is.
    It's a copy of the agreement you signed when you took out the card, basically, an unenforceable agreement = no payment.

    When did you start the account?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    sept 2004 is when I took the card out
  • 10past6
    10past6 Posts: 4,962 Forumite
    worried_jim wrote: »
    sept 2004 is when I took the card out
    Thx Jim, I suggest you send the template letter in post 5 above, and take it from there ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    many thanks- will do.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    regarding dates when I took out these products, as I've said Nationwide was 2004 but I also have 2 accounts with mbna which I had 2001 or even much earlier. Mbna is the only company which hasn't accepted my dmp so I expect further action to be taken against me. Do you think it would be prudent to send the template letter in post 5 to mbna aswell ?
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