how do i stop them knocking on the door

N#1N#2 · 26th March 2007, 20:14

My son has been threaten via Scotfile? to send peoiple around within 7 days to recover there money can i stop them.

dx100uk · 26th March 2007, 20:19

firstly remember they are a DCA
THEY HAVE NO LEGAL POWERS
treat them as you would a human phone chaser

just asa side note, DCA's very rarely turn up anyhow.
THEY ARE NOT BAILIFFS...they can do nothing.

right
that bit out the way
on to the more important stuff.
who was the original debt with & what was it? how long since the last payment etc etc

don't worry

we are all here to help

dx100uk

N#1N#2 · 26th March 2007, 20:27

He has recieve two letter from DCA in the last week, one from
Capquest the other Scotcall and a letter from HL Legal solicitors.
Original debt was £1300 owed to Vodaphone, still trying to clarify when he last paid them anything and how much.

Letter from HL Legal quotes £1808.07, while letter from Scotcall quotes £1618.07

I am currently typiny letters to

Vodaphone Subject Access Request to understand the total dept
Scotcall/Capquest , dept dispute letter and copy of agreements required
HL Legal copy of all letter to try and get them of the case in the short term. emailed them last thursday disputing the cost etc

Anything else i can do in the short term???

Help always appreciated

dx100uk · 26th March 2007, 20:36

great
your up to speed and good reading!!!

inform all who are chasing that the debt is now in dispute with vodaphone by letter & they should back-off and refer it back.
job done... well done.

just about all you can do bar stating that until you know otherwise
include the line 'i do not recognise any debt to your Co.' etc in every letter sent out.

dx100uk

Gingerheid · 26th March 2007, 20:40

They aren't likely to send someone round. They know there's no point, so few people would be daft enough to take on the job of wasting time doing it.

Just ignore that little threat and do your best to sort things out whatever way's right. The worst they can do is take your to court, and if they did do that all he has to do is not ignore the proceedings and go along and explain his situation. The judge wouldn't make an impossible order.

N#1N#2 · 26th March 2007, 20:42

thanks for the response guys will keep you upto speed as things progress

N#1N#2 · 26th March 2007, 20:43

I tell you what

This site is so helpful I would be lost without all the good help and guidance, only wish i had looked for it some years ago

ODC · 26th March 2007, 22:19

In the UNLIKELY event that someone calls at your door. TELL them to leave. They have no legal powers whatsoever. If they refuse to leave telephone the Boys in Blue and report a breach of the peace.

PriorityOne · 26th March 2007, 23:08

Don't assume that you won't get a visit. I had a visit from one of these morons (different DCA) some three months after they said someone would call.... despite making regular payments !

In order to protect yourself, send the letter below by rec. delivery (keep the receipt).

Dear Sir/Madam,

Re. Account no. xxxxxxx

Please be advised that I am only prepared to communicate with you in writing. If it is your intention to arrange a “doorstep call”, 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 an appointment with you.

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, please 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. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction.

gizmo111 · 26th March 2007, 23:21

Quote:

I am currently typiny letters to

Vodaphone Subject Access Request to understand the total dept
Scotcall/Capquest , dept dispute letter and copy of agreements required
HL Legal copy of all letter to try and get them of the case in the short term. emailed them last thursday disputing the cost etc

If you have sent the CCA letter to Vodafone as in 2 above - mobile phone contracts are not covered by the CCA

ODC · 26th March 2007, 23:21

Quote:

Originally Posted by PriorityOne

Don't assume that you won't get a visit. I had a visit from one of these morons (different DCA) some three months after they said someone would call.... despite making regular payments !

In order to protect yourself, send the letter below by rec. delivery (keep the receipt).

Dear Sir/Madam,

Re. Account no. xxxxxxx

Please be advised that I am only prepared to communicate with you in writing. If it is your intention to arrange a “doorstep call”, 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 an appointment with you.

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, please 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. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction.

Fair enough but if one of these chaps calls at your door you can ask him to leave and if he refuses and starts to make a fuss then the Police would be keen to feel his collar.

PriorityOne · 26th March 2007, 23:27

Quote:

Originally Posted by ODC

Fair enough but if one of these chaps calls at your door you can ask him to leave and if he refuses and starts to make a fuss then the Police would be keen to feel his collar.

I agree, but some people are not that confident... especially if they are female and are being faced by someone twice their size.

ODC · 27th March 2007, 00:30

Quote:

Originally Posted by PriorityOne

I agree, but some people are not that confident... especially if they are female and are being faced by someone twice their size.

Fair Point

But sometimes these 'people' will call anyway despite you sending the letter

pfens · 27th March 2007, 09:22

Hi, HL Legal are CQs legal side (excuse the pun).

N#1N#2 · 27th March 2007, 09:34

Gizmo111

Is there an alternative to the CCA, as I have sent this as need to try and understand the charges applied to his account.
My understanding is that the account was terminated in november with the dept outstanding, he agreed to pay as much as he could each month which he has ?? at £100/month so I need to understand if this has come of his dept, or why it has not?

He also agreed this verbally with Vodaphone but no evidence to support this.

gizmo111 · 27th March 2007, 23:14

Quote:

Is there an alternative to the CCA, as I have sent this as need to try and understand the charges applied to his account.

The Subject Access Request which you have sent

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