Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
First of all, a quick and belated "hello" to everybody. Although this is my first post, I've been a regular visitor to these forums for several months now and have found plenty of very helpful information within.
Now down to business. The buzzer to my flat went this lunchtime. I answered it through the intercom, and a man asked to speak to me by name. I asked who it was, and he was initially reticent to answer. I told him he wouldn't get in unless he told me in what regard he was calling. He said he was from Barclaycard.
I didn't let him in, and told him quite clearly I wouldn't do so, but we had a short chat over the intercom before he left.
I lost my job a while back and, hoping to slam the brakes on before the train derailed, wrote to all of my creditors in March - more than a couple of months before any one of them went into arrears - to explain the situation. Surprisingly, my MBNAAbbey credit card were the most helpful, not only telling me their requirements, but also suggesting I contact the Consumer Credit Counselling Service (which I already had). Never had any trouble with MBNA.
Egg were stroppy, and it took some considerable time to get them to agree to the terms of my debt management Plan.
Most stubborn of all, however, have been Barclaycard / Mercers. They call me three times a day, every day, despite my requesting all contact in writing. I simply let the answerphone pick their calls up. However, I didn't actually expect somebody to call at my door, despite it having been threatened in the past.
So, as part of this lengthy introductory message, I'd like to say "thanks" to you in this forum. The visit shook me up a bit, even though I stood my ground and he left in peace. It was then that I decided to actually join the forum, as it was my first port of call after the visit. It was very reassuring re-reading information which I admittedly knew (such as that they have no right of access), but nevertheless I paranoidly worried about.
I've decided to write to Mercer's. Here is my letter, which will no doubt be ignored. You may recognise some of it - bits were shamelessly lifted from here. Again, a big thanks. This site is a great resource.
Dear Mercers,
I write to you following a visit from one of your operatives this lunchtime, to whom I refused access. Please be advised that I am onlyprepared to communicate with you in writing. OFT rules and regulations clearly state that 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 take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending doorstep callers to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.
Should it be necessary, I will obtain an injunction.
Furthermore, I am taking steps to have incoming calls barred from your number, as well as those from withheld numbers.
As I have explained numerous times, I am currently unemployed and searching for work. I am therefore unable to meet the payments on my Barclaycard account, an account which I have otherwise kept in good order for many years. I wrote to Barclaycard with regard to this matter on 9 March, 14 April, and 23 May, the first two occasions being before the account went into arrears. Each of these letters was summarily ignored by Barclaycard.
I am currently on a debt management Plan with the Consumer Credit Counselling Service. The majority of my creditors have accepted the offers made under the terms of the plan; Barclaycard have not.
However, under the Plan, I pay Barclaycard £10.14 a month, a sum which they have received since the Plan started in July. I can not afford to pay more at this present time.
You are welcome to contact CCCS with regard to this debt. My client number is *******. Their contact details are as follows:
A click on the scales below is appreciated if my posts were helpful
Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.
Sarah PLEASE DONATE IF SUCCESSFUL - Every little helps
PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! Thank you.
You should add to your letter that in the event of one of their agents appearin again at your door You reserve the right to have police in attendence to move him off your property
I know Mercers are Barclaycard but you should also write to B'card and remind them that they are responsible for the actions of their debt collectors (as agents) and any complaint about their behaviour to the statutory authorities will include them as well.
Tell Mercers, unless you've already sent the letter, that any further calls will result in you telling the caller to go away and if he refuses the police will be called. Trespass is not a criminal offence but harrassment is. Have the police station number close to hand - its not 999, more likely to be an 0845 number as it is not an emergency
Thanks for your comments, ODC and NailPost. I've already posted the letter, but I'll bear the extra comments in mind the next time I('m bound to have to) write to them.
Strangely, I received a letter from ScotCall last week, memorably described on here by somebody as "the paramilitary wing of Barclaycard", threatening a visit. I say strangely because the man firstly identified himself as being from Barclaycard, then Mercers. My suspicions at the ScotCall letter were first aroused as the second paragraph, telling me to contact Mercers immediately, directly contradicted the first, in which ScotCall claimed to have taken over management of the debt.
The same rules about calling at your house apply to SNOTcall as they do for Sharklycard and Menacers. Contact Sharlkleys and remind them they are responsible for the actions of these agents
However, under the Plan, I pay Barclaycard £10.14 a month, a sum which they have received since the Plan started in July. I can not afford to pay more at this present time.
Who came up with this figure? If you are unemployed this is too high. £1 a month is more realistic.
Hi Posie, you must be one of very few people here that has actually been doorstepped by a DCA. Given that you have done all the right things by arranging a dmp I can't understand why they've singled you out for a visit. It certainly takes harassment to a new level. Well done for not letting them in and sending the letter. We are all behind you all the way.
Thanks for the further replies. Rory - I pay £10.14 a month through my debt management Plan as agreed with CCCS. I'm happy to do this and entered into the agreement willingly. And the majority of my creditors are happy with the terms of the Plan, with one exception...
ODC and Dakota - The bloke who called mentioned something about Mercers having trouble getting in touch with me. I told him I'd told THEM I wouldn't talk on the phone, but I had written several times, and he said, "that must be it." I made a regretfully barbed comment about Liverpudlians being unable to read and write before he left.
Again, if it hadn't been for what I'd read previously on this site, I'd have probably let him in.
You could also write to Barclaycard, Mercers and Scotcall, asking each of them for a copy of their complaints procedure. xx
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
If you are happy for the answerphone to take the calls and you've written to them that's fine. If you think you might want to make an official complaint about harassment it's a good idea to keep a record of all phone calls and personal visits. My view is that for somebody who has a dmp this behaviour is totally unacceptable. You may want to make a complaint via your local trading standards and also the OFT. You could also involve the fos after you have followed the complaints procedure of the companies concerned. An FOS complaint costs the companies £400 in fees,he he.
You can also write to any of these people and insist that you have any communication in writing.
You can write stating that under the Communications Act 2003 you are entitled not to be harassed on the telephone and that all further communications be in writing. So, from now on you will report them to the police if you receive any further calls. There is a letter in the templates library which covers this, but what I have said above will suffice.
You have a right to privacy and the law is firmly on your side. It will stop the incessant phone calls dead.
A click on the scales below is appreciated if my posts were helpful
Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.
Sarah PLEASE DONATE IF SUCCESSFUL - Every little helps
PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! Thank you.
It should but most of the companies mentioned will ignore your requests esp Mercers. Delfi has a huge thread on their constant phone calls. Its getting someone to actuall take legal action on the harrassment that is the problem. Apparently it has to be an official body and most seem reluctant
This might help re. complaints. It's the quick guide by the Financial Ombudsman for businesses, but it's very relevant for all of us. This guide must be followed by businesses - state your intention to complain, request their complaints procedure, and they have to pay serious attention. As Dakota says, this is the Financial Ombudsman Service we're talking about. Let them all know just how unacceptable this behaviour is - and as ODC also says, the original creditor is ultimately responsible for the actions of these gooks! Helping you resolve complaints (PDF)
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
You could also write to Barclaycard, Mercers and Scotcall, asking each of them for a copy of their complaints procedure. xx
Originally Posted by ODC
Reminding them that as original creditor they are liable for the actions of people collecting on their behalf
That's certainly something to bear in mind. Thanks for the tips.
Originally Posted by Dakota
If you are happy for the answerphone to take the calls and you've written to them that's fine.
The only annoying thing about it is that they don't leave a message about 95% of the time. Then again, it's probably an automated dialler.
My view is that for somebody who has a dmp this behaviour is totally unacceptable.
My view is that for somebody who wrote to them AND called them, following their own suggested procedures, requesting help several weeks before the account went into arrears, and THEN felt obliged to take out a dmp as the only option BECAUSE he couldn't get them to listen, they deserve a good slapping!
An fos complaint costs the companies £400 in fees,he he.
Is that regardless of outcome, or only if the company is found guilty? If the former, bring it on!
Originally Posted by andrew1
You can also write to any of these people and insist that you have any communication in writing.
Yep - I have a folder full of such letters. No effect.
You can write stating that under the Communications Act 2003 you are entitled not to be harassed on the telephone and that all further communications be in writing. So, from now on you will report them to the police if you receive any further calls. There is a letter in the templates library which covers this, but what I have said above will suffice.
You have a right to privacy and the law is firmly on your side. It will stop the incessant phone calls dead.
I went over the above verbally with the bloke who called yesterday. It may be a coincidence, or a computer error, but I haven't had their (annoyingly regular) mid-afternoon, 6.30pm or 8.30am calls since. Funny, that. Perhaps he actually listened?
Doorstepped by "Barclaycard"
Abbey
Reply With Quote
Originally Posted by Bookworm
Thank you.
