I love this site and heres why .............

saltnvinegar

Hiya

Probably best to put this lot in their place so send them the letter below.

Amend it a little if you have stopped making payments by deleting the section about the OFT guidelines on deadlocked accounts.

Make sure you send it recorded delivery and keep a copy of the letter and the proof of postage and receipt incase they try to argue they didn't receive it.

Sign it in a fancy font on your computer, do not hand sign it.

Best

SnV

START OF LETTER

To whom it may concern

Re Account Number xxxxxxxxxx

Please be advised that I will only communicate with you in writing in relation to this account.

Should it be your intention to arrange a “doorstep call” 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 actions 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.

Regards

DIGITALLY SIGN

climbgirl

JoS1972 wrote: »

Well it has made me wonder as it's now 2:28 and no phone call. Have to see if I get another visit tonight.

If they come back, ask them for ID to prove they really are from NatWest. I just think it's really, really odd for a bank to make unsolicited home calls like that.

Actually, I'd be inclined to ring them and ask them if they sent anybody out and why they did that as opposed to calling / writing to you. I've never heard of banks doing this - which starts the "scam alert" bells ringing in my mind. But then I'm ultra-suspicious of things like that!

NeverAgain_2

This caller seems odd to me, too.

In my cynical, shallow male way, I wonder if he was hoping the OP would be on her own.

I would have nothing more to do with him.

As has been said, the whole thing just doesn't feel right.

eyeopener2

He's a debt collector workng for C88p Quest on behalf of the bank. Trying to scare people.

You did the right thing. Nice one.

climbgirl

I wondered that but debt collectors don't usually say they're from the actual bank.

And if she's given them her phone number, I'd expect them to have started the harrasment by now!

handyman123_2

Well done for being so assertive. I also have never heard of banks sending someone round to get you to make a phone call. I don't mean to frighten you but back in the 1980's I was made redundant and did the right thing by asking my bank to accept and interest only payment on a loan while I set up my own business and got a cash flow going. The arrangement was for 6 months. After 5 months I got a knock on the door from a Mr John Smith of the Crapshire Bank, can I come in and see if there is anything we can do to ease your situation. Nice House, Nice Decoration, Nice Car. I was doing Chauffer hire. I think we can help.

Next thing a notice from the Land registry telling me a charging order was being applied for and a letter from the county court saying Crapshire wanted payment in full. Evidence of my lifestyle supplied by Mr John Smith of XYZ Private Enquirey Agents acting on behalf of Crapshire.

Now these things don't happen these days,:rotfl::rotfl:
but well done to you for showing him the door.

Follow the advice and get the Doorstep visits letter off to all concerned.

Once more well done, this site has empowered many of us.
Regards, Handy.

tindrawers

Hi,

I sent the 'doorstop' letter off to a company called Power 2 Contact who were threatening to come round to my house. I sent the letter off and received this response:

"Power 2 Contact Ltd offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of Office of Fair Tradings guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard (1959) case you quoted is dependent on each individual circumstance and only such order to refuse access can come from a court and not from the individual."

Can anyone tell me if what they have stated about the access order having to come from the court is correct or are they just chancing their arm that I don't know the law and will just accept what they say as gospel because I'm scared.

If what they say is true, does this make the letter re the doorstep visit invalid? will I have to go to court just to get an order to stop them from coming to my house?

saltnvinegar

tindrawers wrote: »

Hi,

I sent the 'doorstop' letter off to a company called Power 2 Contact who were threatening to come round to my house. I sent the letter off and received this response:

"Power 2 Contact Ltd offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of Office of Fair Tradings guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard (1959) case you quoted is dependent on each individual circumstance and only such order to refuse access can come from a court and not from the individual."

Can anyone tell me if what they have stated about the access order having to come from the court is correct or are they just chancing their arm that I don't know the law and will just accept what they say as gospel because I'm scared.

If what they say is true, does this make the letter re the doorstep visit invalid? will I have to go to court just to get an order to stop them from coming to my house?

They are talking complete rubbish. Quote this specific section from OFT664 right back at them:

2.12 Examples of unfair practices are:

2.12f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

So, as long as you have either:

1) Disputed the debt or

2) Put the debt into deadlock by offering a payment arrangement that the creditor has refused

then the OFT guidelines above are very clear. They cannot visit, or threaten to to visit debtors without prior arrangement.

As you state in the letter you do not wish to make such an arrangement.

Inform them that the letter they sent to you will be immediately referred to the OFT as a blatant misinterpretation of their guidelines, that you will not under any circumstances discuss matters with a field agent/doorstep collector, and that if such a representative attends your property you will call the police and may commence legal action against them.

Also inform them any further threats, or a visit from a field agent will be considered as harrassment and potentially would put them in breach of the Protection from Harrassment Act 1997 specifically:

Section 1 Prohibition of harassment

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

They may come back with the retort of "In the particular circumstances the pursuit of the course of conduct was reasonable" but the OFT guidelines above are clear and demonstrate that the course of conduct is NOT reasonable as long as you have placed the account into either dispute or deadlock.

Best

SnV

tindrawers

Wow, you know your stuff, Thank you so much....

Tough cookie letter going straight out to them tonight.

Thanks again

saltnvinegar

tindrawers wrote: »

Wow, you know your stuff, Thank you so much....

Tough cookie letter going straight out to them tonight.

Thanks again

No problem.

When I've got to a 'step 2' response like you have had from Power 2 Contact and sent off the response above this is usually enough to put them back under the rock they have crawled from.

If they come back with something update this post!

If (in the very unlikely) event that someone turns up just tell them they have wasted their time, to go and take a hike and that you will not discuss the matter with them.

A doorstep collector has no more rights to enter your home than the milkman (in fact less).

Best

SnV