debt collector house calls-advice

solitude_2

Today l recieved a letter from hsbc solicitors asking for my overdraft back within 7 days, no warning or anything just a letter, if l dont pay within 7 days they have said that debt collectors will be instructed to other methods of recovery, which may include calls at your address. can they do this? l live in a shared house and dont want anyone coming round.what legel standpoint do they have,
any help would be great.thanks.

bank_of_slate

Is this an arranged overdraft or an unauthorised one?
...Linda xx

solitude_2

its a graduate overdraft. so arranged l think. l have other debts with hsbc which they have passed onto debt collectors so it looks like there trying to get rid of all their accounts with me.

10past6

Send them the following leter, most times there words are just threats, try not to get to stressed, send your letter by recorded delivery:

Please be advised that I am only prepared to communicate with XXXXXXXXX in writing. OFT rules and regulations clearly state that 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; e.g. 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 persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass.

You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction

Kay1977

Lol! I wish I had a pound for the number of letters like these I received last year - and not one visit from a 'doorstep collector', needless to say. Empty threats. That's all they can do. So, don't deal with them by phone - they rely on trying to bully and intimidate people that way. Send them the above letter and only deal with them in writing. I tended to finish most of my correspondence with the words 'You will deal with me on my terms or you won't deal with me at all'. Seemed to finally get the message across...

Nigella_2

Their bark is worse that their bite!! Some people pay up so they persist in these manners!!
There is a meeting gov v industry over debt collection BUT with so many more people being chased who knows if they will get friendlier!!!

Merlinexcalibur

There you go, someone already gave you the letter to send. What you have received is a 'threatogram'. The clue to what they are is in the name.

But some further tips. It's highly unlikely anyone will show up - about as likely as a UFO landing in your living room and just as 'bizarre' - but in the event someone should come knocking. As I lived in a house with flats, and I saw what some collectors got up to.

It's going to be tricky as you live in a shared house. And I assume you don't want anyone there knowing about your debts? If they do, then just advise them not to discuss you with any strangers come knocking. But if they do come around. Don't open the door, don't even get into an argument with them. They may hang around, or shout obscenities including 'we'll have to break the door down'. Good, because if you have any witnessed to that you can gladly call the police and have them done for intimidation, but also using threats of violent towards property or yourself. That is just a line they use. But, bang out of order nonetheless.

Also be aware that they often 'lurk' in cars. They are blinking obvious because they stand out like saw thumbs but think they are invisible. Also be aware that they do often knock on neighbours doors spinning some lies about knowing you, or have a message from a relative who has been in an accident - yes, it is sick but some do that - but if they do report them straight away. They know full well they are breaking the law and if they don't they need to be reported anyway. They shouldn't hold a licence if they do that.

The most important thing is: debt collectors aren't bailifs. They will act like they are if they come round. They aren't. Treat them exactly like you would a hoody who was trying to scare you. Finally, don't let them an inch inside your doorway. In case anyone tricks one of your housemates into letting them in. If you have a chain, and have to open the door for any reason, keep it on, speak to them through the gap. Best way is not to speak at all but in case.

And, I hope the advice I gave on your thread about this yesterday was useful and has given you some hope.