Set up new DMP, now letter from APEX?

pinkie_pie

Had a DMP, but payments stopped (my error). I had moved so tried to contact creditors by letter to explain but no one would accept my new address and said I had to phone them. Which I wasn't going to do.

Last week I received a letter from APEX essentially saying Barclaycard had asked them to retrieve the debt and they knew I lived there so pretty much pay up. I have ignored this as in middle of setting up DMP.

DMP was set up Weds with step change (confirmed yesterday) and Wednesday I sent letters to all creditors (including Barclaycard but not APEX) saying it was being set up etc etc. Today I've had a letter from APEX about a home visit. They're still referring to Barclaycard as their client so I assume I'm still to deal with Barclaycard? If step change deal with Barclaycard direct am I still going to be chased by APEX? I really don't want a home visit! thanks

harrys_dad

There is no way they will visit you at home, they know they have no rights unless been to court so are just trying to scare you (successfully it seems). Others will be along here shortly with more detailed information I am sure, but just wanted to offer reassurance.

Bettingmad

Send the below to the by registered post.

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.

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.

Hopelessly_Hopeful

They are very unlikely to visit you and they have no legal right of entry anyway.

Sit tight, set up your DMP. All will be fine

HHx