Next time he calls dont let him in. He has no legal right to set foot on your property unless you invite him in or he has a court order. IF he wont leave, call the Police reporting someone trying to gain entry to your home. There is a legal ruling on this dating back to the 1950s (someone else will be able to quote it for you) that states the only people that are allowed to knock at your door unannounced are Postmen and poeple lost and looking for directions.
Equally remind him that unless he has a court order he cannot legally take anything from your house.
Call his / their bluff - Say "Take me to court". A Judge will not is an instruction to take more money than you can afford and will look very dimly on any company that are trying to badger you into paying more, despite you already having an agreement in place. Remind them of this.
Next time you speak to them request that all future communication be made in writing (that way you have proof of the BS theyre telling you) If the calls continue send them a this letter to stop the phone calls -
Ref: Account Number:
Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.
This behaviour constitutes harassment; my instruction in the letter dated 7th of Feb 2007 clearly stated that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.
Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information, note that all telephone calls are recorded.
This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
I trust that I have made myself understood on this matter.
Also might be worth sending them a request for a copy of your Credit Agreement that they should legally hold before pursuing you. If they dont have it, which they probably wont, they are cannot contact you to gain payment until they come up with that paperwork.
Use this letter -
Re: Reference Number XXXXXXXXXXXXXX
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
I enclose a £1 Postal Order in payment of the statutory fee and Data Protection Request. PO Number ref XXXXXXX Voucher ID XXXXXXXX
I understand a copy of the credit agreement should be supplied within 12 working days of the receipt of this recorded delivery letter.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
I look forward to hearing from you in due course.
Ensure that all letters are sent recorded delivery.
But most importantly stop worrying.The law is actually on your side as you are not hiding from paying off this debt.
I would stringly advise contacting the Office of Fair Trading, The Financial Obudsman, Trading Standards and the Citizen's Advice Bureau