Debt collector threat visit from Meritforce

bexiboo92

Morning guys.
Basically I'm in a spiral with payday loans. One of my original payday loans got passed from Quickquid to Mackenzie Hall and now to Meritforce debt collection agency.

I sorted out a DMP with CCCS a little while ago. As far as I'm aware of Mackenzie Hall had accepted the DMP offer, only problem is due to some problems at work I've been struggling to pay the DMP payment which I've spoken to CCCS about.

I got a letter last week stating that a collector may visit my property within the next 10days and if I don't want them to, I need to contact them. I don't want them to visit but even if I contact them, I've got nothing to offer them until the 12th Oct when I next get paid.

Has anyone got any advice? I really don't want a visit from these collectors :(

bexiboo92

Does anyone have any advice??

tbourner

I thought bailiffs had to be court ordered? What's the exact wording of it? It may just mean they send someone round to chat to you about it, and you just tell them to !!!!!! off and close the door and they can't do anything about it. But they word it in a certain way to scare you into paying.

bexiboo92

tbourner wrote: »

I thought bailiffs had to be court ordered? What's the exact wording of it? It may just mean they send someone round to chat to you about it, and you just tell them to !!!!!! off and close the door and they can't do anything about it. But they word it in a certain way to scare you into paying.

It says
"Due to non-payment of the above we have been instructed by Mackenzie Hall to collect this debt on their behalf.

An authorised collector may make a visit to your property within the next 10days.

Should our collector inform us that no positive commitment towards clearing the debt has taken place, your account will be returned to this office and formal proceedings may be considered.

If you do not want our collector to call and would rather arrange settlement , you must contact our clients Mackenzie Hall on.....asking....before the 27th September 2012"

Should you fail to make a payment and action is taken, additional costs may be added to your debt".

fermi

To doorstep collector,

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, 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 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 & 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.

You are also aware that CCCS are my appointed representatives in these matters.

By bypassing my representatives, and threatening/using doorstep collection, you are in breach of sect 3.9(d) of the Office of Fair Trading guidance.

I will therefore by reporting you to the Office of Fair Trading for these and other breaches.

Yours faithfully,

raven83

Notice all the "May" take action or "May" visit you. I wouldn't worry too much about that and continue with your DMP.

fermi

tbourner wrote: »

I thought bailiffs had to be court ordered? What's the exact wording of it? It may just mean they send someone round to chat to you about it, and you just tell them to !!!!!! off and close the door and they can't do anything about it. But they word it in a certain way to scare you into paying.

Doorstep collectors are not bailiffs.

But yes, if one should turn up you can just tell them to burger off.

Unlikely that they will call though.

bexiboo92

fermi wrote: »

To doorstep collector,

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, 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 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 & 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.

You are also aware that CCCS are my appointed representatives in these matters.

By bypassing my representatives, and threatening/using doorstep collection, you are in breach of sect 3.9(d) of the Office of Fair Trading guidance.

I will therefore by reporting you to the Office of Fair Trading for these and other breaches.

Yours faithfully,

That's great, thank you.

fermi

Good. As said, don't worry about it.

You are not ignoring requests for payments as you have a DMP set up.

It is also very unlikely anyone will turn up.

If they do, tell them you are on a DMP with CCCS, to contact them, and to naff off.

If they won't leave or cause hassle, then call the police.

mcjordi

just to let you know some do actually show up at your door.. but simply tell em to !!!!!! off as they have no power

i had a little old man come to my door last week from "The Lewis Group" i think it was he started realing off how i owed x amount at my front door in earshot of the whole street.. silly old fool..
i simply said writing only and shut the door in his face, i suggest you do the same

Bettingmad

Send something like this via recorded delivery.

Sir/Madam

Ref No.***********

With reference to any possible Home Visit you may be contemplating, I would advise you that OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I can advise you now that I have no wish to make such an appointment either now or at any time in the future.

Should my wishes be disregarded then I will make a formal complaint to both the FSA and OFT, regarding your conduct.

Further, 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 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. If you send "doorstep collectors" to my home you will be reported for harassment and be liable for damages for a tort of trespass.

You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it prove necessary, I will obtain an injunction.


Yours Faithfully

Print a copy off for yourself and if they still turn up, turn them away with a copy of the letter and make a formal complaint to the OFT.