Is This Bull / Wescott

Legacy_user

We have received this letter and according to Wescott they can skip the court and just call around and recover goods. This is what it says

UNDER THE TERMS OF THE OFFICE OF FAIR TRADING IN DEBT COLLECTION GUIDANCE WE HAVE A DUTY TO INFORM YOU THAT THE NEXT ACTION WESCOTT WILL TAKE IS TO PASS YOUR CASE TO A DOOR TO DOOR DEBT COLLECTOR FOR RECOVERY

Is this bull?

phoenixchick

I don't think it actually means recovering goods, just that they intend to send someone to you to try to recover the debt. They often send letters like this to panic you. AFAIK they have no rights to collect goods or enter your property without a court order.

System

phoenixchick wrote: »

I don't think it actually means recovering goods, just that they intend to send someone to you to try to recover the debt. They often send letters like this to panic you. AFAIK they have no rights to collect goods or enter your property without a court order.

Thats what I thought

fermi

Yep. They have no rights whatsoever.

They can call, but if you ask them to leave and they do not then call the police.

You can read the Guidelines that they claim to be adhereing to here:

Link: Debt collection guidance (pdf 117 kb)

It's really worth reading all the way through.

But:

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is distressed or otherwise vulnerable, for example, it becomes apparent that the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

g. not giving adequate notice of the time and date of a visit

h. visiting debtors, unless requested, at inappropriate locations such as work or hospital.