Cabot visiting on Monday - please help

[weller711]

Hi

I have received a letter this morning from Cabot dated 2/10/07 stating that they will be visiting on 15/10/07 (next Monday!!!!!!) between 8am and 8.30pm.

 

It says if not convienient then to call them - which I am loath to do but this is the first contact I have had with them - no idea which debt it is so maybe I should call them?

 

Obviously I am going to CCA them but I can't get it posted until tomorrow and then there is another postal strike (I think) on Monday so am scared stupid so please help if you can.

[sequenci]

Hello there.

 

These guys have just as much right to visit your house as I have. They are certainly not bailiffs or anything like that. You can choose to tell them to go away if you wish.

 

When you write to them please include this paragraph:

 

Please note that I am *only* prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people 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.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then 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.

[ScarletPimpernel]

I have also replied to the same question in the Cabot forum.

[djdave]

Debt Collectors don't tend to follow through with their threats of a visit, but Cabot are a large organisation so I wouldn't rule it out.

 

As stated above, they've got no legal rights. They can visit you with your consent but you are perfectly within your rights not to let them in.

 

If you feel uncomfortable opening the door, talk to them through a letterbox or window, but limit your conversation to politely but firmly telling them to leave.

 

If they refuse to leave, inform them that you will call the police.

 

If you believe that matters are escalating, call the police and report a breach of the peace.

 

Remember, above all, that YOU are in control and you have the law on your side.

 

Send the letter off Recorded Delivery. It won't make it any quicker (especially with the stike action) but at least you'll have proof of delivery.

 

[diskmandave]

There's also mention of debt collection visits in the OFT guidelines...

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is distressed or otherwise vulnerable, for example, it becomes apparent that the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed1

g. not giving adequate notice of the time and date of a visit2

h visiting debtors, unless requested, at inappropriate locations such as work or hospital.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Best wishes, Dave.

[2Grumpy]

If they do turn up, consider taking their photo as you tell them to f off

 

1. they probably won't like it - might consider that their privacy is being violated - yeah

2. it will prove that they visited if you need to show harassment at a later date

 

If their vehicle has a company name or logo, take a photo of that too

 

Grumpy

[weller711]

Thanks for all your replies - will get the CCA off tomorrow - with the bit included kindly advised by sequenci.

 

Will wait and see what Monday brings - will let you know

[ODC]

Dont go buying any cream buns or anything for them as they will be stale before they actually visit

[Bookworm]

And if you're worried about the postal strike, fax them. If you don't have a fax machine, your friendly local asian shop or post-office will, well worth spending a couple of quids in this instance, IMO.

[ODC]

Email them and you will have an electronic record of the correspondence

[weller711]

Well they didn't turn up And i had tea and biscuits waiting lol

 

So I will wait to see what their response is to the CCA though they haven't signed for it/received it yet according to the RoylaMail website.

[ODC]

Well they didn't turn up And i had tea and biscuits waiting lol

 

No surprise their then!!!!!!!!!!