Urgent Help Needed Just had Doorstep Visit by Power 2 Contact

bethg2009

Can anyone help me out with a template letter please, a company called Power 2 Contact have just been to my mum's address regarding a barclaycard debt. I no longer live at that address, and the man advised if I fail to contact within 72 hours he will continue to call every week until I make some kind of payment. What do I do now????

RAS

He has no legal right to visit you mother at all. This directly contravenes the OFT rules.

Will try and find you a letter to send them but will also ad a link to the OFT Guidelines which you and mother need to read.

Jesthar

Well, for starters it is illegal to pursue anyone other than the debtor when attempting to recover a debt, so him threatening to carry on calling on your mother is extremely out of line! And, of course, he shouldn't even be dicussing your debt with any third party, even your mother, so that's another breach of law.

And thirdly, he has no legal rights when he does turn up on the doorstep anyway, so if they do turn up again the advised response is along the lines of 'leave now or I'm calling the police and having you arrested for trespassing' - preferably delivered through the letterbox...

RAS

Read the Debt Collection Guidelines laid down by the Office of Fair Trading:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

bethg2009

Problem is I want them to stop "visiting" and only deal in writing am I able to request this??

Johnhowell

Yes, in writing. This will also cover telephone call abuse.

Enforced by the Harrassment Act

dancingfairy

There's a letter to that effect on here somewhere - hopefully someone will be able to point you in the right direction.
df

RAS

Posted the door-step leter below BUTthere are more issues here.

1. Sending a letter from you inevitably means they have smoked you out, which is what they want to do.

Could your mother could send a slightly amended letter as this revokes their right to visit her house.

2. If there is any possibility that this debt is statue barred or nearly so, you need to add this to any letter YOU send (no worry if mum send it).

"I do not acknowledge any debt to your company or any company related to your company"

In fact, add that to any letter you send a DCA.

3. There are major issues around the fact that they are breaking the Data Protection Act by speaking to your mother about your debt.

anyway......

Originally Posted by never-in-doubt

Threatened with a doorstep visit

Dear Sirs,

Ref: XXXXXXXX

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

Furthermore, should it be your intention to arrange a “doorstep visit”, 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 such an appointment with you.

There is 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 & Short Ltd [1959] 2 QB 384. 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, 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,


Sign Electronically

bethg2009

Cheers letter sent see what their response is. Has anyone ever heard of this company??

fermi

bethg2009 wrote: »

Cheers letter sent see what their response is. Has anyone ever heard of this company??

Yep. Just another debt collector that has no legal powers whatsoever.

Adapt the letter to suit the fact that they are calling on someone else. Perhaps add some parts of the OFT guidelines regarding not involving 3rd parties and causing embarrassment.

Give a copy of the letter to your mum so that she can hand it to these ****wits if they call again.