Moorcroft visit - right of access removal breach..

Ruby11

Hi everyone, just a quick question.

I'm on a DMP and have a few creditors. I revoked the right of access to all creditors and any collection agencies that contacted me using the correct letter format. I also informed them that if i had to deal with any doorstep visits i would produce an invoice to the tune of £100 per minute spent dealing with their representative(s).

I sent one to Moorcroft way back in March revoking their right of access and i received an acknowledgement letter in return. I have been on my DMP since April and have not missed any payments and have kept in regular touch with creditors to inform them my situation has not changed for the better.

To my surprise i received a doorstep visit on Monday 16th Sept (at about 19:45) from a 'representative' of Moorcroft, no ID, no uniform, wanting to discuss the debt i have with Santander. Not a chance and he did not provide ID when asked either. He was told not to return and i got straight on and e-mailed Moorcroft with a complaint and reiterated i had warned them and would be invoicing them for the four minutes it took to deal with him.

I received a letter today saying they were going to be investigating the matter and putting my account on hold until the investigation was over.

My question is, where can i go from here? Obviously i need to wait for the outcome of the investigation but should i make an official complaint to OFT or similar? Wait for them to pay up? (Highly unlikely!) Not impressed at all.

Thanks for any help..

Ruby11

rizla_king

Yes complain to the OFT about Moroncroft.

chanz4

you wont get paid, also are they been paid in the dmp? if not you may end up with a court case instead

fatbelly

This little episode is unlikely to make any difference to whether they will take court action.

You could report to the OFT if you feel any of the following guidance has been breached:

Debt collection visits
3.12 Those visiting debtors must not act in a threatening manner or be unclear about the purpose of the visit.
3.13 Examples of unfair or improper practices are:
a. not making clear the purpose and intended outcome of any proposed visit
For example, it is not sufficient to inform the debtor that collectors or field agents will visit him and not tell him the intended purpose of the visit.
b. visiting a debtor at a time when it is understood or suspected that he is, or may be, particularly vulnerable
For example, when a doctor’s certificate has been provided stating that the debtor is ill.
c. not leaving the debtor's property when it becomes apparent that he is unduly distressed or otherwise is, or appears as if he may be, particularly vulnerable
For example, if it is understood or suspected that the debtor might not have the mental capacity to make an informed repayment decision and/or engage in the debt recovery process at that time.
d. entering the debtor's property without his consent or an appropriate court order
e. not leaving the debtor's property when reasonably asked to do so
f. visiting or 'threatening' to visit a debtor, without his prior agreement, when the debt is deadlocked or reasonably queried or disputed
g. not giving adequate notice to the debtor of the time and date of a visit
We would not necessarily consider this to be unfair when a person(s) pursuing repayment of an outstanding debt makes an initial visit to a debtor (as it may not always be possible to give adequate notice of the time and date of that visit).
In the OFT's view, what is 'adequate' will vary depending on individual circumstances. When initial contact is made, a debtor may be happy to speak to the person(s) pursuing recovery of the debt at that time.
If that is the case, carrying out the visit would not be considered to be an unfair or improper practice. Where a debtor indicates that he prefers to use that first visit to agree a more convenient time for a future visit, the person(s) pursuing recovery of the debt should respect his wishes.
A debtor may prefer to defer a visit until a later date so that he can seek advice about his situation and/or arrange for a third party to be present.
What is important is that a debtor is given reasonable time to prepare for the visit. Debtors should not be coerced or pressurised into immediate discussions/decisions.
h. visiting debtors, unless with the debtor's consent, at potentially inappropriate locations.
For example, at the debtor's place of work or at a hospital where a debtor is a patient.

Ruby11

chanz4 wrote: »

you wont get paid, also are they been paid in the dmp? if not you may end up with a court case instead

Why would i get a court case? I haven't mentioned court...??

I have been paying Moorcroft through my DMP since April, the original debt was with Santander. I revoked their right of access and have been keeping in touch via e-mail and letter every 3/4 weeks hence my surprise at them turning up at my doorstep...

spacey2012

Ask them to leave once, if they refuse, issue one warning they will be removed, if they ignore, use what ever force is neccasary and reasonable to remove them from the property.

Ruby11

spacey2012 wrote: »

Ask them to leave once, if they refuse, issue one warning they will be removed, if they ignore, use what ever force is neccasary and reasonable to remove them from the property.

spacey2012 wrote: »

Ask them to leave once, if they refuse, issue one warning they will be removed, if they ignore, use what ever force is neccasary and reasonable to remove them from the property.

So in reality sending the denial of access letter does nothing to stop them coming? :huh: