Help please on Doorstep collections and fees

fsithlord

hi
i am in debt and in a debt plan
some of my credit cards have defaulted and one is passed to a third party for collection (scotcall). I receive notification of this yesterday and had a doorstep call today. (they dont waste time)
I was not in, my wife was and she believes he tried to walk in without knocking, fortunately the chain was on.
I will deal with this via a discussion with him and threat of the police.However any advice on dealing with this would be grately appreciated.

On a seperate issue could someone please advise if any charges may be recoverable on credit cards and provide guidance on the correct protocol to approach this.

Thanks

never-in-doubt

fsithlord wrote: »

hi
i am in debt and in a debt plan
some of my credit cards have defaulted and one is passed to a third party for collection (scotcall). I receive notification of this yesterday and had a doorstep call today. (they dont waste time)
I was not in, my wife was and she believes he tried to walk in without knocking, fortunately the chain was on.
I will deal with this via a discussion with him and threat of the police.However any advice on dealing with this would be grately appreciated.

On a seperate issue could someone please advise if any charges may be recoverable on credit cards and provide guidance on the correct protocol to approach this.

Thanks

Hi

They cannot come to your door! Cheeky beggars.

read this asap: http://forums.moneysavingexpert.com/showthread.html?t=1837507

Regards to unenforceability; read this: http://forums.moneysavingexpert.com/showthread.html?t=1868507

fsithlord

Thanks Never -in-Doubt,

I will look at these and it may help me to deal with the vulture.
All advice is grately appreciated.

fsithlord

ALIBOBSY

If this was just a doorstep caller and definately not a baliff, he has no more powers than the milkman and certainly shouldn't walk in! You have every right to tell him to go away and put all discussions in writing. Same with the phone.
All the debt charities and every forum regarding debt advice states very clearly NEVER TALK TO THEM ON THE PHONE. These sort of companies lie and threaten and repeatedly breach the law and OFT guidelines when its verbal as they can get away with it. But in writing they have to be more careful (although again they still flout the guidelines, but you then have proof should you need to complain to the ombudsman).
Have a look over of the charges forum and the debt forums and those links already posted. Strictly speaking it is a breach of the guidelines to sell on an account whilst an arrangement is in place, but both the banks and the debt collectors flout these all the time.
You can recover the charges and you also can do a CCA request where the DCA have to provide the acurate documentation for collection (in many cases they don't have this but ignore this fact to try to collect anyway). Even if you are paying and intend to continue it is worth doing a CCA request as it gives you a position of strength and tells them you aren't going to be a pushover.

At the very least I would write to them confirming your are in a debt payment plan and you will continue to pay the agreed amount NO MORE as this is all you can afford. After all if they take you to court the judge would opnly ever ask you to pay what you can afford, and would look very unfavorably on a company taking someone to court who is paying all they can anyway.

Remember the debt collectors pay pennies for the debt, very often 10-20p in the £ sometimes lower, and make a fortune every year. the orginal creditor has all the original payments you made over the term, plus the DCA's payment and write the rest off against tax so in most cases make no loss on the original amount borrowed and in most cases just make less interest than they would have opver the term.

I read about case where the original loan amount had been paid back over 4 times, but they were still be pursued for a further amount.

ali x

never-in-doubt

Send this.

Have a read here for the full laws on bailiffs mate - will come in handy

http://forums.moneysavingexpert.com/showthread.html?t=1837507

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

fsithlord

Thanks Ali,

This is the first time i have used the forum.
I am not a shrinking violet with these people but i am very concious of doing thing right.
Clearly i am uncomfortable with the calls especially when i am not in.

Thanks Again

fsithlord

Thanks again

Top Man.