Jump to content


Scotcall camping outside my house!


Aristoc
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5084 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I came in from work this evening, and I was pretty shocked to find that the representative who called (unsuccessfully) at my house yesterday (unappointed I might add), spent about an hour today sat in his car right outside my house.

 

This business follows on from this thread: http://www.consumeractiongroup.co.uk/forum/general-debt/94938-do-i-cca-barclaycard.html

 

 

Basically, I CCA'd mercers (Barclaycard) who failed to respond for approximate 3+ months. Their response was in the form of a blank photocopy of their terms and conditions, and a statement that this fulfilled their obligations under the Consumer Credit Act 1974.

 

Since then (about two weeks ago) I have received a couple of letters from scotcall demanding payment. Yesterday a representative of scotcall called at my address to have a chat with me, but I was out at the time. Today he came back and spent in excess of an hour parked outside my house (I wasn't in, but my younger sister was), before driving off.

 

I am currently in the process of writing a very strongly worded letter to Barclays/Scotcall regarding the legal status of the account, and the criminality of their pursuing any reclamation of funds, but unfortunately i will be unable to dispatch it until monday.

 

I'd like some advise on the legality of this guys persistence. I'm aware that the OFT state that any appointments must be arranged beforehand, but to have the guy sitting outside so that i'm afraid of leaving the house surely pushes the boat out a whole new level?

 

Is there anything I can add into my letter threating some kind of injunction against scotcall forbidding them from coming near me or my family or anything? I seriously won't leave the house tomorrow through the front entrance if his car is there, and I find it disgusting that DCA's will go to these harassing lengths; ESPECIALLY when the debt is in legal default.

 

Given the default of my CCA request (and their implied acknowledgment of it), am i right to assume that this harassment is unlawful? What can i do?

 

I will post my letter here as soon as i'm finished. You might not think it from the hap-hazard writing style of this post, but i think the letter is quite well written if i may say so myself :).

 

Cheers guys,

 

John

Link to post
Share on other sites

Holy hell John that is terrible. I am in similar situation with Barclaycard - sent a very basic application form, set of terms and conditions from ten years after my account was opened and a set of statements and told me they had complied. I have been ignoring their DCA's phone calls and letters on the basis that they have not complied and have written to tell them so.

 

If all they have sent you is a blank agreement then you are in a stronger position than me. However as someone who lay on the bedroom floor for nearly an hour when a stranger knocked on my door before I became more confident thanks to CAG, I really do sympathise. It is one thing to tell them to get lost in writing but when they are in your face it is a different matter.

 

Post your letter and I am sure some of the 'all seeing, all knowing' guys on here will come along:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

CALL THE POLICE. that is a form of harrassement. If anybody who calls at your house refuses to leave on request or hangs around for an hour then i would call the police.

 

If you are not in then i would advice you tell who ever answers the door that they need to do that.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi this is a copy of a copy of etc. I used this to stop a dca from calling. I would send this letter off and keep a copy if the "agent" stays outside give him it.

 

Dear Sirs,

 

Please be advised that I am only prepared 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.

 

Yours sincerely,

all the best dpick:mad:

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Link to post
Share on other sites

My favourite letter dpick - got rid of the dreaded Ruthbridge with it.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Actually, it was simply a photocopy of the terms and conditions they sent me, not even a blank credit agreement.

 

I think i'll post it tomorrow morning when i'm in a better frame of mind to finish it off. The things i'm worrying over right now is the strength of my legal allegations. I am literally stating that the consumer credit act defines a properly executed agreement for a credit card as constituting: my signature, my personal details, information about the credit limit, repayment instructions, and the rate of interest to be applied. I am not sure if this is totally valid. The account was opened about three years ago (circa 2005).

 

I also state that the act makes clear that a CCA request must be actioned within a stated time frame of 12 + 2 working days; which again i'm not sure of.

 

I am also unsure as to whether i'm right that at this point any attempt to enforce the debt is a criminal offense without order of a judge. If anyone can chime in with some advice on this i'd appreciate it.

 

Am i also right to assume that while in default it is unlawful to apply interest (i have since received statements), or to submit my details to a credit reference agency?

 

I also need some more thorough and accurate information on the OFT guidelines relating to an account opened in 2005. I am saying so far that a visit must only be made with consent of the creditor.

 

Basically. I'd like to back up all my claims in this letter with references to the appropriate sections of the appropriate documents. I want it as air tight as possible from a legal standpoint.

 

Without a properly executed credit agreement, can a judge still enforce the debt? Also, if the credit agreement lacks my signature, can a judge still enforce it? I believe i applied for this count online. Either way, they certainly cant supply me with a credit agreement. I also should add that this has way surpassed the max 42 working days of response. If barclays have comitted a criminal offense, how would they stand up in court if they decided to try and enforce this debt?

 

Any help appreciated as usual!!

 

Thanks, John

Link to post
Share on other sites

The 12+2 and 30 days mean they have committed an offence, however if they find the agreement later they can recommence enforcement proceedings. However it seems doubtful that they will suddenly find it. Barclaycard took a few months to find my application form.

 

From all the advice I have read on here they simply cannot enforce a debt in a court of law without a properly constituted agreement. I have had one court claim withdrawn as their CCA was debatable, and three who have said farewell as they couldn't produce anything at all.

 

I am not sure of the law regarding online applications and am sure someone who is will come along. But to me, if they are going to comply with the CCA 1974 they will at the very least need to send you written confirmation of what you have agreed and obtain a signature from you - otherwise they have diddly squat to prove anything.

 

I could be wrong:confused: But I think you do have the law on your side.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

I honestly can't remember with any clarity whether or not I sent back a confirmation form. I may have. However they seemingly can't produce it within the legally defined time.

 

I'm very interested by your experiences, particularly the one about the 'debatable' form. Would you be able to provide some insight into what happens with these court proceedings etc? Do you get a sent a letter from the courts? Do you have to attend personally or did you submit a written defense? What was debatable about their application form.

 

Also, where you offered a chance to view the application form before you allowed it to go to court? Ie, if it had not been debatable would you have had an opportunity to settle outside of court, or at that point was it all or nothing?

 

Thanks for the reply, it's made me feel a bit better. Stressing out a bit tonight over the whole ordeal and my confidence has been shot down somewhat.

 

Cheers,

 

John

Link to post
Share on other sites

With regards to sitting in a parked car, I would advice caution in this because I don't think that it's an offence to sit in parked car on a public road.

 

I thought that myself. But given that I know he is a representative of Scotcall, and that his 'card' left for me states to get in touch before it goes further (underlined), does his sitting silently in a car not constitute intimidation?

 

I am not legally obliged to discuss the account with this guy, whether the debt is enforceable or not, so for him to literally loiter around my close (it is a cul-de-sac) while i'm not even at home is pushing it a little.

 

Regardless of that though, I plan not to focus on the visits too much in my letter. My only hope is that the harassment stops promptly. If they can produce a credit agreement then i'd be happy to see it, after which I will submit an S.A.R request and begin claiming back my charges (which now constitute around 60-70% of the balance on this account). I'm just a little worried about what could come of this. If i stand my guns with them, and they get a sympathetic judge, can they basically drag me into court without ever seeing a copy of the agreement?

 

Whether there is an agreement or not, I am at this point very skeptical about the validity of the charges and interest that might have been charged on the account. Without that agreement, how am I to be certain what I owe (if anything).

 

John

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101147-help-summons-received-dca.html

 

Have a read of this John - it might help. Please don't have a sleepless night - I won't due to the amount of red wine consumed:D Lots of good people around to help you - as I said before you are in a position of strength although it might not feel like it at the moment.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

I thought that myself. But given that I know he is a representative of Scotcall, and that his 'card' left for me states to get in touch before it goes further (underlined), does his sitting silently in a car not constitute intimidation?

 

I am not legally obliged to discuss the account with this guy, whether the debt is enforceable or not, so for him to literally loiter around my close (it is a cul-de-sac) while i'm not even at home is pushing it a little.

 

Regardless of that though, I plan not to focus on the visits too much in my letter. My only hope is that the harassment stops promptly. If they can produce a credit agreement then i'd be happy to see it, after which I will submit an S.A.R request and begin claiming back my charges (which now constitute around 60-70% of the balance on this account). I'm just a little worried about what could come of this. If i stand my guns with them, and they get a sympathetic judge, can they basically drag me into court without ever seeing a copy of the agreement?

 

Whether there is an agreement or not, I am at this point very skeptical about the validity of the charges and interest that might have been charged on the account. Without that agreement, how am I to be certain what I owe (if anything).

 

John

 

its still unlikely that you would win a court case against them for harresment but here is the definition: Protection from Harassment Act 1997 (c. 40)

Protection from Harassment Act 1997

 

This Act was primarily created to provide protection against stalkers, but it has been used in other ways.

Under this Act, it is now an offence for a person to pursue a course of action which amounts to harassment of another individual, and that they know or ought to know amounts to harassment. Under this act the definition of harassment is behavior which causes alarm or distress. This Act provides for a jail sentence of up to six months or a fine. There are also a variety of civil remedies that can be used including awarding of damages, and restraining orders backed by the power of arrest.

Link to post
Share on other sites

From the look of things, it would seem that Mercers/B'card may have flogged this account on to Scotcall. If Mercers/B'card had been able to produce a CCA for the account, they would still be chasing you themselves.

 

As you have already CCA'd Mercers and they have failed to comply, this means that the acccount is still in dispute through the orginal CCA request... (providing you have retained your rec. delivery receipt) and there is no need to send another one to Scotcall. They just need to be informed that the account remains in dispute, etc.

 

As for this parked car malarky.... I would log the registration plate and report him to the police on each and every occasion you find him outside your home. Also, keep a record yourself of the dates and times he appears/leaves.... These things tend to come in handy down the track.

 

John.... if they had an Agreement, they wouldn't be trying to have a chat with you, they would be enforcing it ! :)

Link to post
Share on other sites

If it is a public road, then him parked on it does not constitute an offence as far as I am aware. If he is harrassing you then that is a different story. I would not feel a prisoner in your own home. if you want to go out, go out, what can the snotcall guy do to stop you. If he confronts you, tell him where to get off. Hiding in the house from intimidation is exactly what these arse oles want. Just get on with your daily life. They can't and will not do anything to stop you going about your daily business. If they do and your feel in anyway intimidated or threatened by them, ring the POLICE.

Link to post
Share on other sites

You could turn the intimidation round by taking his photograph every time he parks up. I am very surprised about them employing this amount of intimidation especially for a debt they can't prove.

Link to post
Share on other sites

I must dig out that receipt for the original CCA to mercers. That said, in Barclays reply to me they do acknowledge receipt of the request and even the date of the letter... taken from their reply:

 

"I write further to your letter dated 2 June 2007 requesting information regarding your Barclaycard Account under the above Act"

 

Therefore, whether I can find that receipt or not, is the fact that their response acknowledges receipt of the letter valid enough?

 

Will try to dig out that receipt asap.

 

John

Link to post
Share on other sites

Yes - if they have replied then that is enough. No need to hunt for the receipt. Some of my CCA letters weren't even sent recorded but with cheques (dodgy signature of course;)) and to me, proof of them cashing the cheque was proof enough that they had received it.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Welcome to our guests by the way:)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Definately log his registration no and try to get his pic (if you have a mobile phone you can do this quite simply without him noticing) and report the matter to the police.

 

The man has no legal powers and is probably on a commission of about £50 for making a home visit..... if he gets as much as that.

Link to post
Share on other sites

It seems to me that when OCs and DCAs have no agreement, they go through a period of frenetic collection activity just before giving up. It's seems to be almost a face-saving exercise for them. At some stage, probably fairly soon, it will become uneconomic for Scotcall to have this idiot sitting around, and he will move on to pursue other people.

 

As has been pointed out, you aren't obliged to speak to him, so I'd just ignore him.

 

Does not s.40 of the Administration of Justice Act apply here; they are claiming money due under a contract that they cannot produce?

 

Of course, I could not recommend covertly inserting a potato or banana up the Scotcall car's exhaust pipe, because that would be quite wrong.

  • Haha 1
Link to post
Share on other sites

Of course, I could not recommend covertly inserting a potato or banana up the Scotcall car's exhaust pipe, because that would be quite wrong.

 

:eek: Of course not SP - it would be highly unethical. But then aren't they unethical in their behaviour:D? Glad you clarified you meant the car's exhaust pipe:lol:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Just report him to the police as someone who is loitering & acting suspiciously. Tell them you are fearful that he may be a burglar or worse still a pervert watching youngsters! Let the wassock explain himself out of that:D

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

I had a visit from this company to, and they waited outside for about 15/20 minutes.

 

I phoned Trading Standards about the harassment straight away and they have contacted this company on my behalf. TS phoned the day after the visit to ask for my account number as Scotcall had said they needed it to check if it was them or not? Anyway this showed that TS did actually contact them, which is reassuring.

 

Taking the Reg is also a good idea, too, but I forgot.

 

Thankfully, they have not returned and if they do I will simply call the police and TS. I would advise the same.

Link to post
Share on other sites

Well, it doesn't look like they're coming today. I've spent the morning organising all my bills and correspondence for them and the other companies I have a history with. Think i'll send Scotcall a copy of my letter to barclaycard with a cover letter just to hush them a little.

 

Regrettably, I cannot find the receipt for the recorded delivery of the CCA i sent to mercers. This is especially annoying, as I do have the receipt and even the postal order receipt for the CCA i sent to Equidebt (for my Abbey account) on the very same day I sent my mercers one. Oh well, I now have all my affairs in order and can say with clarity that not only have i received statements from Barclaycard following the default of the CCA, but they have also added interest and charges to the account.

 

Can i just ask whether or not it's lawful to add interest or charges to an account after a default notice has been served? What does a default notice constitute exactly? See, Barclaycard have gone through this mess with me before, about a year ago, before pulling the account BACK from mercers and sending me statements/adding interest/charges again. I have the original default notice letters from Barclaycard. There's a few actually. They really don't seem to know what they're doing.

 

John

Link to post
Share on other sites

Well, it doesn't look like they're coming today. I've spent the morning organising all my bills and correspondence for them and the other companies I have a history with. Think i'll send Scotcall a copy of my letter to barclaycard with a cover letter just to hush them a little.

 

Regrettably, I cannot find the receipt for the recorded delivery of the CCA i sent to mercers. This is especially annoying, as I do have the receipt and even the postal order receipt for the CCA i sent to Equidebt (for my Abbey account) on the very same day I sent my mercers one. Oh well, I now have all my affairs in order and can say with clarity that not only have i received statements from Barclaycard following the default of the CCA, but they have also added interest and charges to the account.

 

Can i just ask whether or not it's lawful to add interest or charges to an account after a default notice has been served? What does a default notice constitute exactly? See, Barclaycard have gone through this mess with me before, about a year ago, before pulling the account BACK from mercers and sending me statements/adding interest/charges again. I have the original default notice letters from Barclaycard. There's a few actually. They really don't seem to know what they're doing.

 

John

 

Hi, John.

 

Firsly, calling the police is good advice, as other posters have mentioned.

 

Secondly, in repect of your question, a default notice is a notice under the consumer credit act 1974 which is required before they can do certain things:

 

s87.

Need for default notice.

— (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

 

(b)to demand earlier payment of any sum, or

 

©to recover possession of any goods or land, or

 

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

 

there is a prescribed format, and all relevant info must be correct or the default notice is void.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...