Help me NCO debt collectors coming to house.

Tinka21

My DP has had a postcard put through the door this morning saying that NCO are coming to the house on Tuesday and I don't know what to do!!

The debt is from an Orange phone bill of about £130 and he has been dealing with Orange in writing regarding this as he has been made unemployed and I am on maternity leave we are about £800 a month short of what our bills actually come to with any debt repayments. Unfortunately Orange so far have not accepted any offer of token repayments and have said he pays it all in one go or they will seek court proceedings.

Am I right in thinking I don't need to answer the door to the debt colletors or let them in?

tigerfeet2006

You are perfectly correct in that you do not have to open the door to them. They have as much rights as the paperboy. I very much doubt that they will come anyway, they use this as a scare tactic.

If I were you I would just send them what you can afford to pay each week/month. Then if the y do take you to court the judge will see you have tried to pay your debt.

Pop up your SOA on the board and let us see if we can help.See the sticky on the front page for 1st time posters.

Tinka21

Thanks for that. I'm feeling very stressed at the moment as our second baby is due on the day they want to come to the house!!

fermi

Make sure that you are aware of the Office of Fair Trading Debt collection guidance as well.

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 [Note 2.12f.]
g. not giving adequate notice of the time and date of a visit. [Note 2.12g.]
h visiting debtors, unless requested, at inappropriate locations such as work or hospital.

Paragraphs 2.12f and 2.12 g of the Debt collection guidance

Both these paragraphs relate to debt collection visits.

We have clarified the context for these provisions and defined the terms we use as follows:

Our aim is to ensure that visits are not used in a threatening way. We have seen examples of letters and other communications where debt collectors refer to visits in vague and/or threatening ways and cases where visits are not appropriate.

2.12f: Visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and has offered a repayment programme which has not been agreed by the creditor or debt collector. We are not saying that any offer must be accepted but we have seen cases where offers are disregarded and a debtor is told that 'we are sending field agents'. Many debtors are unlikely to understand this term and are likely to view the visit as a threat designed to make them offer more money when they can pay no more. Some letters appear to be designed to give this impression.

By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but those who are being pursued for a debt they do not owe or genuinely believe they do not owe. Debt collectors who can show that the debt is due and that any dispute has been looked into and the debt confirmed will not be in breach of this provision.

2.12g: Not giving adequate notice of the time and date of a visit

When a door-to-door debt collector makes an initial home visit to a debtor it may not always be possible for them to give adequate notice of the time and date of that visit. This is not necessarily unfair.

The key word is adequate. This was inserted to ensure that what the debtor regarded as adequate was key.

What is adequate will vary from debtor to debtor. When initial contact is made a debtor may be happy to speak to the debt collector there and then. If that is the case the visit would not be unfair. Where a debtor prefers to use that first visit to agree to a future visit at a more convenient time a debt collector should respect their wishes. A debtor may prefer to do so at a later date so they can seek advice about their situation or arrange for a third party to be there. What is important is that a debtor is given enough time to prepare. They should never be coerced into immediate discussions.

tallyhoh

If they took you to court let me know & I will eat our hats. Its costs more than £130 to take you to court & no guarantee of getting any more than you are offering now.

Send them what you can afford. Keep a record of payments, cheques etc.

Tinka21

On the postcard it just says 'I confirm I will be calling to see you on TUESDAY between 9am and 9pm.'Is this an example of unfair practice as it doesn't state the reason? Then it gives a phone number if inconvenient but in my DP's previous letters to them he asked to deal only in writing as we do not have a telephone!

raylane_2

I've had a couple of these cards from nco over the last year or two over an alleged paypal debt.. I've waited in for p brown to call between 9-9 on three occasions... he/she never have thus far!, i'm in cornwall.. does this p brown cover the whole of the UK????.

Tinka21

Yeah mine is from P brown too! and I live in Nottinghamshire!! I feel a bit better now thanks very much everybody. :beer:

raylane_2

It's just an attempt to scare you into calling them- no one will call at your house. Infact mine came today so they probably send them all out together.. probably sat waiting for our calls as we speak LOL

Tinka21

Thanks raylane it has made me feel loads better to know that they more than likely won't show up! I don't want to be going into labour and having a DCA showing up on the door!

Pennies1

Dont worry about it, I used to work for NCO, P Brown doesn't exist, it is a scare tactic.