Being threatened with "door step collections"

aja22

Not sure exactly where to start here but ill just type and hope it all eventually makes sense

about 6 months ago (out of the blue)my wife was phoned by a company threatening "door stop collections" for a debt at her old address,(which she vacated 14 yrs ago) fearing the "bailiffs" (she didnt know the difference) she payed over the phone and awaited written confirmation of the payment plans/etc (she pins them all on the fridge, so she knows where she is) she forgot about (and forgot to mention it to me)

we never received any written confirmation that any plan had been accepted, so when, 3 months later they phoned while i was in the house, i gave them the "statute of limitiations" speech to which they replied, shes already payed, so I (stupidly) made the payment,

we still never received anything in the post...
fast forward to a week ago, they phone again, this time i stick to my guns and say "ill pay you in full but i want written evidence(ccj delivery note....anything" (they also admit theres no ccj in this conversation) but still we received no documents/letters) they've just phoned up again saying a collector will be here saturday, i said" not a chance, he's getting nothing" his parting shot was "we've never failed in 43 years"....followed by the phone being put down

during most of the conversations they are abrupt and, as the conversation goes on they get more rude, they seem adamant they want to speak to my wife only(even though, on numerous occasions shes given them permission to speak to me, and usually if i do find myself on the phone the slam it down on me, my wife is the shy, submissive type who would have given them the full amount by now, even if it meant us going without food/heating

all im asking is for some supporting evidence, given the age of the supposed debt and the fact that 14 years ago such companies sent out "pre-approved credit" (quite easy to get a catalogue in a previous tenants name) and we will gladly pay (borrow from my mum) the £150 ish they claim the debt is for,

what can i do next?
could they now get a ccj?
if the doorstep collecter turns up (i am not making an appointment with them) should I threaten a police visit? should i follow through and ring 999? or the non-emergency

i myself am tempted to tell them to "go get a ccj, one more wont hurt" :S

fatbelly

If there was a period of more than six years without payment then it became statute barred at that point, and remains so.

That would give you a complete defence to any court claim, and gives you the option of making no further payments.

Send them the letter #6 in this thread

https://forums.moneysavingexpert.com/discussion/2606811

(but don't quote s40 AJA. stop that sentence at harassment.)

Send recorded, keep a copy and if a doorstep collector calls, he can have a further copy of it.

National_Debtline

Hello there.

The statute of limitations will still apply if there has been a gap of six years or more without payment or written acknowldgement. if there have been recent payments that would not 'unbar' the debt. Sadly, though, any payments that have been made you would not be able to claim back.

The thing to do is to send them the 'statute barred' letter, you can find it at the end of this fact sheet:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If they were to bring legal action, based upon the information you have provided you would have a total defence. You may need to seek legal advice. Based upon previous experience I would be incredibly surprised if you receive a claim. I can't say for sure, of course, but I'm reasonably confident!

Only communicate with them in writing, avoid the telephone calls. They are not bailiffs - as such they cannot try and get in to the property or take anything.

The police are unlikely to be interested unless criminal activity occurs - such as a breach of the peace.

We do have some useful guidance on harassment, you can find it here:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

In short, given the information you have provided I don't think you need to make any further payments - unless you really want to.

Best wishes,

David @ NDL.

edit: Beaten to it by Fatbelly

aja22

mmmm.....id already sent the wife to the post office with this
I / We refer to your contact regarding the above account which you claim I owe. I am informing you that I do not recognise the debt and therefore it is DISPUTED.

Under the Office of Fair Trading Debt Collection Guidance (updated October 2011) it states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also remind you that the OFT states under their Guidance that it is ‘unfair’ to pursue third parties for payment when they are not liable and that it is deceptive and unfair in not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Furthermore, if you ignore and/or disregard claims that debts have been settled or are ‘disputed’ and continue to make unjustified demands for payment then this can amount to physical or psychological harassment, as detailed in the OFT Guidance.

I am also familiar with Section 40 of the Administration of Justice Act.

As I dispute this debt you refer to then I trust you will make no further contact unless you can satisfy me that this debt exists and that I am liable.

If you subsequently cannot prove I owe this debt, by manner of a signed and dated credit agreement or copy of a CCJ, and if you continue to act in this irresponsible and unprofessional way then I will have no other alternative than to report you to Trading Standards and the Office of Fair Trading. I will also lodge a complaint with the Financial Ombudsman Service and your trade association, if appropriate, the Credit Services Association.



If I receive any communication from another debt collection agency then it will be evident that you have sold this debt on with the knowledge that it is disputed. Should this occur then I will report you to the government bodies and trade association detailed above.

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone and Text message over the past few weeks/months and these have been duly logged by time and date.

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.

do i need to send the other at this time....will this one do any harm?

National_Debtline

Hello again.

I don't think that letter will do any harm, it all seems quite relevant. You might wish to send another letter highlighting that you believe the debt to be statute barred. The great thing about sending this is that the budern of proof is placed upon the other side to prove to you that the debt is NOT statute barred. The ball is in their court, so to speak.

Best wishes,

David.

spacey2012

If they do turn up, demand they leave the Curtilage of your property and not return as implied right of access is removed and they are trespassing.
Use those exact words.
If they refuse call the police and request an officer attends to prevent a disturbance of the peace whilst you remove a trespasser.
If they fail to leave once a constable is present it constitutes a disturbance of the peace and the officer is duty bound to arrest the trespasser.


Hope this helps.

aja22

I will send that one in a couple of days then, thanks people, the wife has almost stopped shaking after reading your comments

National_Debtline

aja22 wrote: »

I will send that one in a couple of days then, thanks people, the wife has almost stopped shaking after reading your comments

If you have a printer, print out the limitations fact sheet and highlight the important bits with a highlighter. We come across this type of query really frequently, and in the vast (read: nearly all) majority of cases the debts are statute barred.

David

aja22

like i said.....we were happy to pay the debt if they provided at least some shred of evidence, we havn't even received written confirmation of approximate dates (let alone a year) for when this credit was taken out, Im usually of the opinion that you should pay what you owe, but since they started to get aggressive, even i'm beginning to feel that a 2 fingers salute behind the statute barred letter might make these arrogant people stop telling people "they've never failed in 43 years"

sourcrates

You don't say which DCA it is that's trying to collect this debt, can you name them ?

aja22

sourcrates wrote: »

You don't say which DCA it is that's trying to collect this debt, can you name them ?

Hellix limited