dca at door, please help

mandyl

thankyou very very much.
i cant thank you all enough .
police were called and were helpful at first but one lady then basically told me it wasnt a police matter.
im in a friends but can honestly say i dont really know how im going back to my flat im that scared. then im worried about not going back tonight(if i stayed with a friend ) in case my indoor cat is distressed.
im also frightened now in case i get anymore from my other creditors
im currently waiting to do a debt relief order.
thankyou everyone for being so kind,
mandy

snoop2008

Mandyl, thank you so much for coming back to let us know your ok. I understand going back into your home would make you feel nervous, I know I would. Could your friend stay with you? I see you have a cat tooo. I also have a beautiful white one, Fluffy!!! he really is a comfort to me especially during the day when my daughter is working. I hope you get things sorted out soon, and I wish you well and safe.

mandyl

thanks snoop
im so greatful to people on here.

lvm

Hi Mandyl,

I hope everything's ok now and you're back in your flat.

Most debt collection agencies will turn up on your doorstep if you cease all contact with them.

I went just over 2 years with no contact with DCAs and only last month contacted them all (in writing) offering minimum payments.

3 out of 4 wrote back very quickly (all accepting my offers) and one of them (Lowell Portfolio) were actually really really nice in their letter thanking me for getting in touch with them.

I've never had any dealings with Moorcroft but have heard they can be a pain, as can all debt collectors.

But as you say, if you have lots of creditors, the best thing you could do right now is sit down and work out what you owe and to whom. If you're in a position to even pay a couple of pounds a month to each of them, they would more than likely accept this offer.

Believe me, the sense of relief you get when you've actually sorted a bit of it out is great and will really make you feel happier.

Hope that helps a bit xx

RAS

Mandy

You can write to creditors withdrawign the right to access your property. Then they cannot come anyway.

mandyl

hi lisamckinney
i have community legal services helping with my debts.
they have all be contacted and some have accepted token payments. moorcroft refused. just to add the debt is £192.
iam in contact with all my creditors.
sadly i dont feel any relief as i now have the added worry of is someone else going to come?
i will hopefully be applying for my debt relief order in a couple of months.
RAS, can i really?
thanks mandy

saltnvinegar

Hi Mandy

The woman you spoke to at the police is talking rubbish, they just don't want to get involved as its too much hassle. If he tried to force his way into your home (putting a foot in the door) he has no more legal powers to do so (as doorstep collectors are not bailliffs) than any other member of the public.

Unfortuntely you have to get very firm in order to get the police to register a complaint so I totally understand you probably have enough on your plate.

So onto Moorcroft. Send them the following letter. Make sure you send it recorded delivery, keep a copy of the letter and the recorded delivery receipt and DO NOT sign the letter. Use a fancy script on your computer instead.

You really don't have to put up with this so take some retaliation and let them know you're not going to be messed with.

Best

SnV

START OF TEMPLATE LETTER

Date xx/xx/xxxx

Account Number xxxxxxxxxxxxx

To whom it may concern

Regarding Your Recent Doorstep Visit
I am writing to you regards a recent visit to my property on xx/xx/xxxx at xx:xx hrs from one of your field based representatives regarding an alleged debt you claim I owe to you.

On his visit to my property, after I had refused to speak to him as I am well within my rights to do, your field agent preventing me from closing my front door , which as you are well aware is an unlawful action, and one which I consider to be assault.

The behaviour of your agent has now also been reported to the police.

Please note that you should consider this letter a formal complaint and I expect you to investigate, as per your complaints procedure, a copy of which I expect to receive from you in the post forthwith.

Should I not receive a satisfactory response, or a full written apology for the unlawful actions of your field based agent I will report this matter to the relevant authorities, including but not limited to the Office of Fair Trading and Trading Standards.

Regards the alleged account I would point out that I have no knowledge of any such debt being owed to you and request that you provide evidence of this debt.

Please note I am very familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is:

"Unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question",

and also states that it is

"Unfair to falsely imply or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings"

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods.

Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

Should it be your intention to arrange further “doorstep calls” either from yourselves or through an appointed representative, 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.

It is also a breach of OFT guidelines to threaten to visit debtors without prior agreement when an account is in dispute or deadlocked. For the avoidance of doubt and clarification I refer you to the OFT's definition of a deadlocked account in their debt collection guidelines:

"By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and has offered a repayment programme which has not been agreed by the creditor or debt collector. We are not saying that any offer must be accepted but we have seen cases where offers are disregarded and a debtor is told that 'we are sending field agents'. Many debtors are unlikely to understand this term and are likely to view the visit as a threat designed to make them offer more money when they can pay no more. Some letters appear to be designed to give this impression."

I therefore consider your enclosed letter to be a direct breach of the guidance given by the OFT and any further breaches on your part will be reported accordingly.

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.

I now formally 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 any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

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

Regards

DIGITALLY SIGN

END OF TEMPLATE LETTER

mandyl

thankyou very much
saltnvinegar , thats fantastic and very kind off you x

fatbelly

lisamckinney wrote: »

Most debt collection agencies will turn up on your doorstep if you cease all contact with them.

Fortunately, not true

lisamckinney wrote: »

If you're in a position to even pay a couple of pounds a month to each of them, they would more than likely accept this offer.

No point if you're doing a DRO

saltnvinegar

mandyl wrote: »

thankyou very much
saltnvinegar , thats fantastic and very kind off you x

No problem. Now its time to get your own back