Financial Credit Management (FCM) doorstep call

lexington9

Hi everyone,

About a month ago I received a letter from them claiming I owe them around £56. I have no recollection of this and there were no details about this cost.

I sent them a letter mentioning that I have no idea of this and if they can not prove that I owe them, then I want the matter closed.

They sent me a post card saying that someone called 'Stuart Banks' will come round 'next Thursday' between 9.30am and 8.30pm. This card is not even dated!!

Another big concern is that it's all being sent to my old address where my mum lives which is stressing her out.

I already told FCM about my new address and to send all correspondence there, but they don't seem understand!! Also when I ask for a reply in writing, then still try phoning me, which I ignore.

Please help me resolve this!!!!

Should I get in touch with the OFT and report them, send another letter, or even go as far as the police??

Thanks!!

Gordon_Hose

Send them this letter: http://forums.moneysavingexpert.com/showpost.html?p=33792303&postcount=38

They can't just send someone round to your property without prior appointment. If anyone does turn up, ask them to leave and say nothing more.

lexington9

Thanks, I did include all that in my letter aswell. I guess they don't read/care.

I just hope they don't go to my mum's house as she will panic. Any other action I can or should take?

Gordon_Hose

Well if they turn up they are trespassing as you haven't agreed to an appointment with them. You could call the Police, but chance are they'd turn up well after the guy had left.

Best thing you can do is if they do turn up, explain that you will not discuss any matters on the doorstep and they must leave immediately, otherwise you'll be forced to call the Police to have them removed from your property. I reckon the threat of the coppers would be enough for them to leave. That's if they do actually turn up.

In the meantime, if they are ignoring your requests about doorstep visits you could complain to the FOC, OFT and local Trading Standards.

bargainbetty

You could give your mum a copy of the letter. Tell her to hand it to anyone from that company, and only speak to confirm that she will be calling the police if they do not leave. Under no circumstances should she let them in.

If necessary, she should shut and lock the door while she finds the copy - don't even let them in while she picks it up.

If they do show up, call the police and report it as harassment causing actual bodily harm under the Harassment Act. Get a crime reference number and hand that, with a copy of the letter, to the OFT, FOC etc.

lexington9

Has anyone actually experienced this though?

saltnvinegar

Hi Lexington

It is extremely rare for a DCA to send out a doorstep collector, and you also have to put things in context. The cost of sending out a doorstep collector for a balance of £56 is going to be completely disproportionate, and so the chances of this happening are even more remote than normal.

This is an intimidation tactic, designed to frighten and scare you into contacting them, so that they can intimidate and frighten you some more on the phone.

You are not going to give them that satisfaction!!

You are doing everything correctly by keeping everything in writing. They have done nothing to prove that the debt exists, so until they do you need to do nothing.

In relation to the letters you have sent did you send the letters recorded delivery? If not then send the letters again and ensure you send them recorded.

If you did send the letters recorded delivery then you need to ramp things up a little and send the following letter:

START OF TEMPLATE LETTER

OFFICIAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 1974 / 2006

Dear Sirs,

Account No: XXXXXXXX

I have written to you on xx/xx/xxxx, (a copy of this letter is attached for your perusal) where I informed you I had no knowledge of such debt.

To date you have not had the courtesy to even respond to this letter, or demonstrate that such a debt exists yet continue to send demands for payment.

I have informed your company that I am unwilling to communicate by phone and also notified you that all phone numbers listed are to be removed from my personal details.

I have also asked that all correspondence should be in writing only for which, under OFT Guidance on Debt Collection, you are to obey any such reasonable request. I have sent you an official warning by way of a 'Harassment by Telephone' letter which is dated: xx/xx/xxxx, a copy of this letter is attached for your perusal which also confirms and proves that I have given you ample opportunity to cease this unwarranted and illegal harassment.

The frequency of calls received from your organisation have been recorded for independent adjudication and I hereby place you under notice that if I receive any further calls from your organisation on any telephone number you have listed against me, I will take immediate legal action against you. Similarly; if you continue harassing me via intimidating phone calls, I may without further notice ask the court for permission to bring a private criminal prosecution against the directors of your firm.

I hereby formally place you under notice, s.10 DPA(1998), that you must immediately and without delay update your records to reflect my request to remove all telephone numbers listed notwithstanding the major fact that I do consider your actions to be a significant breach of the law.

I reserve the right to seek an injunction against your organisation should the phone calls continue at the same frequency and I similarly reserve the right to bring a formal complaint against you to OFCOM, the Police, The FOS, the FSA and the OFT along with any other relevant regulatory Bodies. Further, please note that this letter constitutes a formal complaint and, should I not receive a satisfactory response to this complaint within 7 working days from the date of this letter, I will seek adjudication from the regulatory organisations noted above.

You also continue to theaten a doorstep visit from 'Stuart Banks' , an agent working on your behalf and I AGAIN formally write to advise you that any such visits will be followed up to the full extent of the law; for instance a formal report to the OFT followed up by a Police complaint for your agents trespass, which if breached will result in my seeking an Injunctive Relief Order from the courts. This means any additional visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Similarly, under OFT rules, you can only visit me at my home if you make an appointment, to which I have stated on numerous occasion now, that I do not wish to make an appointment with you. I have asked that you write to me as I will only deal with you in writing; so sending someone to my house to 'discuss things' with me is futile because I will not speak to them.

In case you were not aware; 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. I respectfully suggest you familiarise yourself with case law prior to attending my property, in particular pay attention to Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R which, if necessary, will be the case law I refer to when obtaining an Injunctive Relief Order against you.

So, to summarise; I {{ENTER NAME HERE}} 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 and a claim for compensation for your continual harassment.

Unless you can provide evidence as to my liability for the debt in question I would ask that no further contact be made concerning the above account and await your written confirmation that this matter is now closed.

Yours faithfully

DIGITALLY SIGN

END OF TEMPLATE LETTER

lexington9

No one turned up at my doorstep nor my mum's doorstep

Sent a letter by recorded delivery and also been in touch with the local trading standards, which they have emailed me about.

Hopefully those idiots from FCM will leave me alone!

lindann_2

could this be a scam, l would report it, for just £56.. seem strange to go to all this trouble to collect a small amount of money

best of luck