Debt collectors turning up while on IVA

I have been on an IVA for just over 3 years.
I have recently been contacted by direct debt collections
you can find site if you google directdebtltd.

They have said they are collecting a debt on behalf of a private client, I know who they mean and it is a long story but in my opinion I owe him £400.
They called up asking to take a payment of £8,500!!

I explained that this figure is absurd and was told I needed to pay or set up a payment plan there and then on the phone.

I said I would not be doing this and then I was told in a threatening manner, "then we will be seeing you soon".

A couple weeks later I was away for the day but when I returned home, I found that a debt collector had been to my house and left a card saying I needed to contact him, I also found he had been to my place of work and also the local pub! (there is an advertisement outside my office for the pub he visited).

I then found the letter template here on this site-
Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, 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 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.

Yours faithfully

I emailed the door step visit letter to the email address on the card posted through my door.

Last night at 7.15pm I had another visit from a direct debt collector agent, who said he runs his own local branch and is visiting on behalf of the main company.
I did go outside and speak to him explained I didn't agree and I am in an IVA arrangement so have no spare money and that I have sent a letter asking not to come to my property.
He said he received the email but so what.
I asked if he needed to follow regulations and his reply was "I am beyond following regulations" Then he said they will get the money one way or another" and again indicated violence. I asked him not to visit my property again and closed the door.

As far as I have researched this company are already breaking a few rules, my partner is worried now as we have 2 very young children that if I am out they will again call and intimidate her.

Does my IVA hold any relevance as on the direct debt collectors website they do state they don't take on debts with people in IVAs
(The guy at the door said that means nothing)

What should be the next step I take with this situation?

Thanks very much in advance to all replies.

Comments

  • simeyb
    simeyb Posts: 212 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    I think you need to alert the Police that you have had these scum on your doorstep and although I don't doubt it was a very unsettling experience, you need to really ramp it up as the distress is causing you and your OH and your kids and you fear for all of your safety because of direct threats of violence - the Police will have to intervene.

    Can you not contact the original creditor behind all this or are they as dodgy as the debt collector?
  • You should contact your IP and let them deal with it asap
  • Battleaxe44
    Battleaxe44 Posts: 607 Forumite
    If you sent the letter to the DCA/Collector by recorded delivery you have proof of postage and receipt. You call the police and make a complaint, you do not get brushed off by the police. This is harassment. This trespass and as such the police have to invertvene. I would slo be reporting this to the FCA, after all this adds to any dossier so when it comes to reviewing a licence application it is a strike against them. I know it is wearing to do this, but it is to your advantage in the long rum.

    I do this everytime I get a threatening letter from a certain DCA, the debt has been SB's and is also tied in with crime number (ID the ft and Fra ud on our original current account). This has been going on since 2006, despite the FOS intervening.
  • simeyb wrote: »
    I think you need to alert the Police that you have had these scum on your doorstep and although I don't doubt it was a very unsettling experience, you need to really ramp it up as the distress is causing you and your OH and your kids and you fear for all of your safety because of direct threats of violence - the Police will have to intervene.

    Can you not contact the original creditor behind all this or are they as dodgy as the debt collector?


    Hi thanks, I have tried contacting the individual who says he has passed on now with them to deal with so no joy there.

    I was unsure if to report without them being on the door step.
    I expect it would be good to get a record though
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