Creditors visiting my home?

MauiJim

I am trying to setup a debt plan with CCCS currently I make a preset monthly amount. SOme of the company have been fine but others are just rude. Now I am getting letters saying they may call at my house and this worries me. Can they do this?

Sublime_2

If they do, don't let them in, simple. You've set up a DMP, well done to you, so just inform them in a polite but firm manner, that they will be dealing with them from now on. They are just bullying you, to see if they can get any more money out of you.

Jesthar

In a word, no! They have no more right to come to your house than anyone else, so if anyone does turn up, tell them to get off your property before you call the police, then shut the door on them.

Chances are no-one will come, though - note the use of the word 'may' not 'will' in the letter. It's all scare tactics, really - nasty, but mainly empty bluster designed to scare you into paying them money you can't afford.

The only exception to this that springs to mind is Council Tax, so if you don't have any arrears on that you should have nothing to wory about.

There is also a template letter you can send to any company threatening doorstop visits to deny them permission to do so, though I'm not sure where it is... Someone will post it in a minute, I'm sure!

~Jes

Heyman_2

MauiJim wrote: »

I am trying to setup a debt plan with CCCS currently I make a preset monthly amount. SOme of the company have been fine but others are just rude. Now I am getting letters saying they may call at my house and this worries me. Can they do this?

Yes they can. In much the same way that I can come and knock at your door and ask for money. Just like you can tell them to get off your property and close the door.

'Proper' bailiffs are a different matter, but I suspect what you're talking about is the usual debt collection agency scare tactics.

dancingfairy

Unless the debt has gone to court and they are proper court appointed bailiffs then I believe anyone who turns up is about as official as a paperboy or anybody asking for directions -ie if you ask them to leave they must leave. There is a law that says people such as the paperboy or people asking for directions are allowed to come on to your property but there is a letter that says I revoke permission for you or anybody associated with you to have permission unless I make an appointment with you and I'm not making an appointment so get lost.
It's fairly rare for them to actually bother sending anybody out but if they do - tell them to go away and call the police if neccesary.
I hope someone can point you in the direction of the letter that says they are wasting their time turning up.
df

dancingfairy

It's actually a pretty cheap and easy way for debt collectors to get money out of people - it's easy enough to print a scary sounding letter and cheap as well and a lot of people probably pay up in fear. It'll cost far more for them to actually bother sending anybody round when a piece of paper works so well
df

MauiJim

Thanks to everyone for the speedy answers that is a weight off my mind. I pay my utility bills mortgage council tax as advised by CCCS. They said credit card people go whistle Dixie for now.

saltnvinegar

If you have offered these DCA's a payment plan, which they have refused, then the OFT consider this as a 'deadlocked account'.

OFT guidelines for debt collection are very clear on this matter. Send them all the following letter.

Best
SnV


START OF TEMPLATE LETTER


To whom it may concern

Acct No xxxxxxxxx

Thank you for your recent letter.

Be advised that it is 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 ollector. 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 ebtors 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 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.

Any further letters from you threatening a doorstep visit will also be considered as harrassment and you will be reported to the relevant authorities for such (included but not limited to the OFT and Trading Standards)

DIGITALLY SIGN

END OF TEMPLATE LETTER

mandyl

do as i did, tell them no thanks and if they dont go call the police then close the door. x