DCA?Home Visits

Strand08 · 20th May 2008, 00:03

Hi guys, I keep reading on the forum about a letter to send DCA's to stop them coming to your door. In English common law

. Is there a letter we can send in Scottish law, if so is there a template somewhere? I would like to be prepared if the occasion arose.

maroondevo52 · 20th May 2008, 00:19

Hi, Strand08.

Think this is the letter your talking about......

DCA -response to threats of home visits

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.
Quote:
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
Quote:
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.

Regards.

Scott.
(With thanks to Rory32)

Strand08 · 20th May 2008, 00:30

Thank's Maroondevo 52. Its great to be armed when the DCA attacks

. If this letter is needed I will keep you informed how it is recieved.

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