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Credit Solutions 'Visits' - Paypal

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Hello everyone,

A couple of weeks ago I got a letter from Credit Solutions regarding a debt I have with Paypal and they gave me the usual B.S about arranging door step visits, County Court etc and I sent them this email ;

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks and via letter and one door stop agent and these have been duly logged by time and date.



Furthermore, should it be your intention to arrange another “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 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 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 and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance


I got a letter back today saying the following ;

In relation to your comments surrounding a door step visit, please be advised that you are not correct in your assertion that, under OFT rules, we can only call at your home if you agree to make an appointments.

In law, our client is in a different position to a postman or a member of the public asking for directions. When you opened this account, you implicitly agreed that your client could communicated with you to discuss repayments. You do not have the contractual right to revoke that agreement until the 'loan' has been repaid.


Does any one know what else I can say to them? plus his reply seems to be a template as it's not a loan.

Comments

  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    edited 27 March 2014 at 2:11PM

    Does any one know what else I can say to them? plus his reply seems to be a template as it's not a loan.

    Come back when they know what they are talking about...?

    Tell them to pi$$ off.

    You are talking about a WOIRA which is nothing to do with the OFT. In my view, your email was unnecessarily confrontational. All you needed to say was that you would only communicate in writing and will not enter into discussion via any other means. If by some miracle someone does actually call at the door, treat them the same as any other unsolicited caller and either dont open the door, or close it firmly again when you have ascertained who you are talking to.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • fevlo
    fevlo Posts: 203 Forumite
    Debt-free and Proud!
    Made me laugh on the couple of ocasions that I got this reply from exactly the same letter you sent.
    What you sent to them was exactly right and they are talking rubbish.
    They know that you are right but they will be hopeing that you have simply "copied and pasted" the letter from the Internet and dont know any better.

    I would reply simply stating that they are the ones that are incorrect and that their agents are not permitted to enter your property now their right under English common law has been revoked.

    They are no different to the milkman or post man me or any passer-by, if you dont want someone on your property you can revoke their right....end of !

    [STRIKE]DFD - 24th October 2015[/STRIKE] [STRIKE]DFD - 24th March 2015 [/STRIKE]
    DEBT FREE 24.03.15
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    edited 27 March 2014 at 4:04PM
    In law, our client is in a different position to a postman or a member of the public asking for directions. When you opened this account, you implicitly agreed that your client could communicated with you to discuss repayments. You do not have the contractual right to revoke that agreement until the 'loan' has been repaid.

    Bullcrap.

    Your contract does not give them permission to come on to your property uninvited, and certainly not after you have revoked any implied permission they think they might have.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hello there,

    We've a guide to creditor harassment that you can find here: https://www.nationaldebtline.org/EW/factsheets/Pages/03%20EW%20Harassment%20by%20creditors%20and%20debt%20collectors/Default.aspx

    If you decide to write back, ensure that you make it clear that you wish not to make any doorstep visitor appointment - and that you are happy to communicate in writing only.

    Very best wishes,
    David @ NDL.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Hi everyone.
    I need help on what to do next. I've been in a constant fight with paypal recently over some serious issues of £5000. It all started when I was forced into a credit scam( some of you may think it a bit out there but I was given death threats and feared for my life and still do)

    (Just a little background on me)
    Im 19, I have a part time job and roughly earn £300-400 a month so would take me a long time to pay £5000 off at the moment. This all started in the summer. I was forced into this scam and pocketed nothing out of it. The people who started this stalked me and took everything including debit cards to my own personal Id card. They did this scam through paypal and deposited £5000 through my paypal account then into my barclays account, as soon as they got what they wanted and briefly left me alone, I tried contacting barclays to get them to hopefully send money back to my account so I could give everything back to paypal but when I made this request they basically told me they would open a case which ended up them doing it wrong and all the money being taken a long time ago, since then I've been in constant talks with Paypal fraud department telling them everything I could even putting myself in danger again, but now after them telling me this could be sorted and them even getting a police incident report brought up and even asking me to point out who did this. They have brought credit solutions in to get the money that is owed ( I haven't spoken to them over any of the emails or letters and have thus far ignored all the calls for payment. I'm constantly stressed and even been doctors and have been diagnosed with depression because of this whole event. Before credit solutions became involved I would get a phone call from paypal every day asking for payment, remember this has been going since the beginning of April that's six months of phone calls almost every day. I've had to beg the fraud teams to please ask them to stop as it has made my mental health incredibly unstable and I'm completely on the edge I don't know what to do, I cannot tell anyone about this because I'll be in even more trouble and I know my parents have an extreme amount of pressure on them already and don't need this as well.

    I desperately need help from someone!!!!!! Please help

    Thanks
  • Also credit solutions have brought up the usual stuff as I've heard of contacting it's sister company Power2contact and make contact to me at my home as I've not replied to emails or phone calls. It also says that "our recommendation for paypal to commence with enforcement action which could include legal proceedings to recover payment of the total balance, should this action be neccesary you will incur an additional liability in respect of legal costs." It also says that they want payment in full immediately. So I'm really scared because last thing I need is baliffs at the door. Thanks again
  • zenshi
    zenshi Posts: 1,133 Forumite
    Part of the Furniture 500 Posts
    I know this is of no help to you but I had one such caller, only the once! My son was home on military leave at the time ( quite fortunate ;) ) and stood a few feet to my side with his arms folded just staring at the guy........ The guy was quite disconcerted by this , guess he thought ' this lady will be easy picking' How wrong he was :D
    LBM.....sometime in 2013 £27,056. 10 creditors
    June 20.....£7,587.....3 creditors left 72% paid

    £26,200 on interest only part of mortgage (July 16)...will chip away £17,103
    £49,200 repayment mortgage ( July 16) £37,764
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