DCA - sending someone to the door

Milz

Hi

I spoke to BCW to set up a payment plan, but they have said that the case has been passed onto someone to come to my door! Is there anything I can do to stop them from doing that?

Thanks!

rizla_king

Tell them to ## off and that you will only deal in writing.

Milz

Is there a letter I can send them, to stop someone coming to the door?

Thx

sourcrates

Milz wrote: »

Hi

I spoke to BCW to set up a payment plan, but they have said that the case has been passed onto someone to come to my door! Is there anything I can do to stop them from doing that?

Thanks!

Hi,
If I came to your door and asked you for money, what would be your reaction ?
Something ending in "off" I suspect, you treat doorstep collectors in a similar way, remember, he/she is a collector, not a bailiff, big difference.
They have no more rights than I do to knock on your door asking for money, simply either refuse to answer, or tell them to "go away".
You can right to the DCA and demand that all contact be made in writing only, after you have done this, they are obliged to honour your request, if they don't, there behaviour could be construed as harassment, and they can be reported.
If the collector refuses to leave, you are within your rights to call the police to have them ejected.

sourcrates

Milz wrote: »

Is there a letter I can send them, to stop someone coming to the door?

Thx

Try this :





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




Sign digitally

rizla_king

http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Homevisits.aspx

It’s important to remember that debt collectors who call at your home aren’t sheriff officers or bailiffs and they have no legal powers.

Your creditor might threaten to send a debt collector to your home, but they usually say this to try and pressure you into making extra payments. It’s unlikely that one will actually call at your home as it’s cheaper for creditors to send you letters and phone you.

If a debt collector does come to your home, you don’t have to open the door to them or speak to them if you don’t want to. A debt collector should always carry photo ID, and you should ask to see this before speaking to them.

A debt collector can’t:

-Enter your house or take any goods
-Discuss your account with anyone else in your house or with your neighbours
-Act in a threatening or intimidating way
-Refuse to leave if you ask them to

You can arrange to make a payment over the phone or by letter and you don’t have to open the door to debt collector if you'd prefer to pay another way.

Milz

Thanks

Can I send them a cheque for any amount for final & full settlement?

Thx

rizla_king

You NEVER EVER send money UNTIL an offer is accepted IN WRITING either.

https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Page-04.aspx

Everything, in writing, ALWAYS.

Milz

Thanks for the advice - will send that letter out today. Do I need to send registered post?

Thx

sourcrates

Milz wrote: »

Thanks for the advice - will send that letter out today. Do I need to send registered post?

Thx

Yes you do !!

Milz

Thanks guys! Much appreciated!

Just one last question, when I send them a copy of my I&E do I need to give them a list of my creditors too?

Thx