Home Visits in Scotland (Letter)

[sutherland]

I assume this template letter would not apply in Scotland (DCA -response to threats of home visits)? Does anyone know how I should write to a DCA regarding the threat of a home visit in Scotland?

[rory32]

No it doesn't apply to Scotland. The problem with trespass in Scotland is that there is an expectation of a certain permanency to the trespass, simply being on someone's land without the owner's permission is neither a civil or criminal offence. Although an aggrieved owner may take action in the courts by interdict if he can prove damage is being caused.


However the DCA is unlikely to be overly aware of Scots Law, so I would send them the letter changing.

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.

To

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

[sutherland]

I've just sent request to my seven creditors requesting copies of my agreements under the CCA 1974, but in the meantime I've received a card from the DCA saying they tried to contact me without success (which is nonsense) and that someone will call tomorrow.

I won't be here, so I phoned and told them not to bother. The guy read his script, which I've almost memorized. Told him if they came and caused any hassle or duress to my family I had instructed them to call the police. At this point he offered to accept half the amount they had been demanding as a monthly payment.

They've already broken several of the OFT guidelines and I'll see what/if anything happens tomorrow. Otherwise, I will wait to see if true copies of CCAs turn up within the next few days or weeks before sending a letter about visits etc.

Thanks for your help and this excellent forum.