Threatening letter from debt collection agency

Today I received a letter from a debt collection agency. it said:

- That I have not contacted them to discuss paying my debt

- So they are sending an agent, to my address to discuss the payment

- That they will add £100 + VAT to my debt for the agent's costs

- They do not tell me when they are sending him.

Circumstances:

- They and their client have been sending me reminders and threats for 2 years saying that they will have to take the matter to court, etc. but never do it.

- They have not sent me a pre-legal action letter with the figures and evidence.

- Before the debt collection agency got involved, I wrote to their client, twice, explaining that I objected to their unjustified charges, I explained why and I told them that if they took the matter to court, I would make a counterclaim for the money they had already extracted from me.

- As I had explained their client already, I do not feel any obligation to deal with the debt collectors. I have never answered any of their letters.

- I am a pensioner.

Questions:

- Is that letter part of their tactics to intimidate people, make them panic and reach for the cheque book to pay them their demand for money?

- Are they entitled to send their bully boy to a private address without agreement from me?

- If they are not telling me when he is coming, is it to keep me in panic that he may turn up at any moment?

- If the agent turns up, am I entitled to call the police to report the intimidation of a pensioner? Of course I will not open the door.

- Would the agent be breaking the lockdown rules by wanting to talk to me face to face?

- Or would I be able to make claim from them for harassment of a pensioner like me?

Thank you



«13

Comments

  • sourcrates
    sourcrates Posts: 31,029 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 22 April 2021 at 10:14PM
    Hi,

    Debt collectors have a range of standard template letters on file, they run through them with every client on a regular basis.

    The "collection agents" are just self employed people who get paid on a commission basis, they have the same rights of implied access as anyone else, such as the postman for example, you can withdraw that right of access at any time by writing to the creditor and informing them of such.

    The reality is that due to covid, I doubt anyone will be knocking on your door, but if they do, you are free to ignore them, tell them to scarper, actually filming them through a window is just as effective, they are not bailiffs, and have no more power than you or I do.

    I`m not sure what you could or could not claim, they are just doing there job, if you dispute the debt, you should tell them so, in writing, and ask them to prove your liability, otherwise this will just continue.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • elsanto
    elsanto Posts: 55 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    you can withdraw that right of access at any time by writing to the creditor and informing them of such.


    Thanks for the feed-back. However, I do not need to withdraw the right of access from them as I never gave it in the first place.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    elsanto said:
    you can withdraw that right of access at any time by writing to the creditor and informing them of such.


    Thanks for the feed-back. However, I do not need to withdraw the right of access from them as I never gave it in the first place.
    You do if you want them to stop calling. You don't need to give permission to specific individuals for them to knock on your door.
  • nyermen
    nyermen Posts: 1,135 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 22 April 2021 at 10:22AM
    Hi OP - Don't confuse right of access indoors with implied right to outside space (hence reference to postie being able to walk up to the door, etc.)  I believe what they mean is that you can withdraw is their right to even walk on your driveway/pathway etc, ie. they can never reach the front door.
    Peter

    Debt free - finally finished paying off £20k + Interest.
  • elsanto
    elsanto Posts: 55 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    nyermen said:
    Hi OP - Don't confuse right of access indoors with implied right to outside space (hence reference to postie being able to walk up to the door, etc.)  I believe what they mean is that you can withdraw is their right to even walk on your driveway/pathway etc, ie. they can never reach the front door.
    Thanks but I will call the police instead (or record them) if they come. If I reply, they will see they are getting somewhere with their threats. I actually think that they would be encouraged because they got a response from me for the first time.
  • User_060921
    User_060921 Posts: 108 Forumite
    10 Posts First Anniversary
    Absolutely not a police matter.
  • adamp87
    adamp87 Posts: 890 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    If they turn up they’ll only ask to speak about it or post a card through the letterbox. They have jobs like us at the end of the day, just be nice and send them on their way.

    Back to your complaints to the original lender did they reply or respond? 
  • elsanto
    elsanto Posts: 55 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    adamp87 said:
    If they turn up they’ll only ask to speak about it or post a card through the letterbox. They have jobs like us at the end of the day, just be nice and send them on their way.

    Back to your complaints to the original lender did they reply or respond? 
    No, that is the thing. They did not reply to my two letters answering to my challenge to them; they went to the debt collection agency despite the fact that they are solicitors! This is why I think they are just trying to scare me into paying. If they were so sure they had a case, it is supposed to be easy for solicitors, who specialise in litigation, to take the case to court themselves.
  • elsanto
    elsanto Posts: 55 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 22 April 2021 at 10:55PM
    elsanto said:
    nyermen said:
    Hi OP - Don't confuse right of access indoors with implied right to outside space (hence reference to postie being able to walk up to the door, etc.)  I believe what they mean is that you can withdraw is their right to even walk on your driveway/pathway etc, ie. they can never reach the front door.
    Thanks but I will call the police instead (or record them) if they come. If I reply, they will see they are getting somewhere with their threats. I actually think that they would be encouraged because they got a response from me for the first time.
    You are going to call the police and say that you are unhappy at being pursued for money that you owe?

    That’s an interesting approach.
    It appears that I got a response from somebody who works for a money collection agency going to harass people at home :smiley:
    You really make me laugh assuming that I owe them the money just because it is a debt collection agency doing this.
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    elsanto said:
    elsanto said:
    nyermen said:
    Hi OP - Don't confuse right of access indoors with implied right to outside space (hence reference to postie being able to walk up to the door, etc.)  I believe what they mean is that you can withdraw is their right to even walk on your driveway/pathway etc, ie. they can never reach the front door.
    Thanks but I will call the police instead (or record them) if they come. If I reply, they will see they are getting somewhere with their threats. I actually think that they would be encouraged because they got a response from me for the first time.
    You are going to call the police and say that you are unhappy at being pursued for money that you owe?

    That’s an interesting approach.
    It appears that I got a response from somebody who works for a money collection agency going to harass people at home :smiley:
    You really make me laugh assuming that I owe them the money just because it is a debt collection agency doing this.
    why do people always assume that someone that disagrees with the OP or has a different view must work for the company or a similar one lol.
    Its just a classic response when they don't like a reply
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