Debt Managers & House Calls

louiser123

hi everyone,

just a query about the company debt managers DCA in edinburgh.

has anyone heard of these ?? i have an arrangemant for a debt and pay them monthly, i missed last month payment due to loosing hours at work and higher priority debts taking precedence.
i have today recieved a letter sent like a wage slip tear off outer ect to say i will be calling between 5.30pm and 7.30 pm no date of call on it:eek: just if inconvenient ring mr scott on thier number 0870 regards mr white.


is this company similar to the ones i have read about where mr brown comes and never actually arrives??

any help gratefully accepted x

lxpeanut

Ring them tell them you will not let any representative of theirs into your home. Then if someone does turn up tell them where they can go. They have no right to enter your home.

xnatalie81x

Have heard of debt managers. They are handling my littlewoods account. I think it may be an in house type affair.................

Merlinexcalibur

Littlewoods 'in-house- is called NATIONWIDE DEBT RECOVERY. If it's gone to this other outfit, based in Scotland - NDR/Littlewoods is entirely based on Merseyside - then it is a bonafide DCA; probably. But not Littlewoods.

i have today recieved a letter sent like a wage slip tear off outer ect to say i will be calling between 5.30pm and 7.30 pm no date of call on it:eek: just if inconvenient ring mr scott on thier number 0870 regards mr white.

Right. Firstly, they are acting against the OFT guidelines - which are there for anyone to read online on fair debt collection practices; this, in turn, is also legislation to protect people from this type of harassment - and they know perfectly well they are not allowed to visit your home to collect on an unpaid debt. The only people who can do that are court appointed bailifs. Which a DCA is - categorically for anyone else as people often get confused if frightened and simply do not know - NOT.

Send them this letter which is also freely available on the consumerwiki website, as are a bunch of other letters to be used/sent for different circumstances for debtors:

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,

Lastly, the chances of this monkey turning up at your doorstep are quite finite. This is just another threat/scare to make you phone them. Under no circumstances do that. The person on that slip probably doesn't even exist for one. Yes, they do make up names and they also drop letters off or phone your neighbours to get them to pass another made up lie about a relative you've never heard of having been in an accident and to call an unspecified number - it's all very apalling TBH, but they do do this to people.

Do not ring them. That is for your own protection BTW. They will not take any notice of what you say on the phone. They never do but people seem to think they will anyway. Simply because someone sounds 'nice' on the phone really isn't any indicator. It's what they say about you AFTER you've gone off the phone that matters. And., believe me, it's usually not very nice. They are paid to take your money. They no nothing about the legal ins and outs of home visits. Nadda. So don't waste your time ringing them!

Send them a letter. They will not take notice - what DCA does come to that? - of but you at least have a legal paper trail. Phone calls CANNOT be proven in a court of law. It's heresay. Letters, however, can. Send the letter by recorded delivery to the DCA. Yes, it's more expensive but when it comes to the court stage it could save you. Again, phone calls will be disregarded. You can say you phone them but where is the proof? The DCA will probably lose any recordings of conversations when it suits them.

Lastly, if anyone DOES by some miracle show up. As been said don't let them in. Do not enter into any verbal argument with them in the street. This will make them worse and they will likely start yelling at the tops of their voices so your neighbours can hear. It happens. And far worse than that, too. And if they know you are in, they can very often hide or sit in car somewhere they think is out of sight. I've seen it happen elsewhere to other people. They are so thick, though, they make it 'obvious'. Remember, these people aren't exactly picked for their intellect. Know sod all about laws, collection practices. If they did, they wouldn't be on your doorstep.

And, if they do show up, you also have the option to call the police if they won't leave. Some might trick you into opening the door. Others use the old tactic that 'okay, guess we'll have to break the door down, then'. And if that is NOT intimidation using threats of property damage/violence I simply do not know what is! You wouldn't open your door to a hoody doing that would you? But the simplest, most sensible way is simply don't answer the door to anyone you don't know. If they are genuine, they will put a card through the door to say they have called. Depends.

Sorry for the long post but I think people need to be educated if they don't know what their rights are. And, yes, whether you are in debt or not you DO have them. If you know where to look, whom to ask.

Entirely up to you if you take this advice but thousands have done the above, experienced all this but they have then taken the correct actions to stop it.

And this post can also serve for anyone else who is unsure what to do next when they receive such a slip. Because DCAs will use some very unsavoury ways to get at you.

louiser123

thanks for all the advice, recorded letter being sent today x

lkeenan

Does the above letter template apply under Scottish law as the template states English Common Law?

DarkConvict

I do not think so, i believe it applies to England and Wales. Ask national debtline, see if they can provide any advice on it.