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Please help if you can, Urgent.


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Happy New Year to All. Thanks for the help in the last year.

 

I have an urgent problem and could do with advice please. I owe money to United Utilities and wrote to them just before Xmas making an offer of payments. I have not heard back from them but I did get a letter saying if they didnt hear from me within 7 days I would be passed to a company called Credit Solutions Ltd.

This morning in the post I got a card from Credit Solutions telling me that someone from a 'FIELD DEBT RECOVERY COMPANY' POWER2CONTACT' are coming to my address today for the money.

 

Im now waiting for the knock on the door and am worried as I cant pay them at once. What are my options here please. I thought no one could come to your door without an appointment being made with you.

Can anyone advise please. Thanks

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Tell him to sod off and that you have already made contact in writing, that you are not discussing anything on your doorstep, and that if he intends to stay, you will call the police, as he is trespassing. Then shut the door and ignore him. If he doesn't go away, call the police.

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They can't enter your home unless invited, so do not worry. There is a letter knocking around somewhere, i will look for a link for you, unless someone beats me to it!!

 

I would write to them and tell them the debt is in dispute. I would then make the payment you offered to the original company regardless. Companies can be greedy and will try to scare you into producing what you owe in 1 magical swoop.

 

I have bypassed a few DCAs by making online payments directly to the companies i owe money to.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Thank you so much Bookworm. Im taking the Xmas decs down and keep watching the window. I feel like hiding upstairs but know thats not how I should spend my day. Im imagining him barging in when I open the door although I know that in reality Im just being silly!! I just dread him going to neighbours or something like that if he was to call again at some other tome when Im not in.

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I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, 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 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.

 

Yours faithfully/sincerely,

 

 

 

 

 

 

heres the letter i use when they threaten door step visits

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Thank you so much Bookworm. Im taking the Xmas decs down and keep watching the window. I feel like hiding upstairs but know thats not how I should spend my day. Im imagining him barging in when I open the door although I know that in reality Im just being silly!! I just dread him going to neighbours or something like that if he was to call again at some other tome when Im not in.
That's exactly why they do it, because of that fear.

 

Put it in perspective: Yes, you got into debt. Sh1t happens. That doesn't make you a criminal, that doesn't make you a bad person, that doesn't make you a lesser member of the human race, that just makes you someone who was unlucky, or careless, or whatever, it doesn't matter, it happened, you are trying to sort it out. That doesn't give them the right to make you feel frightened in your own home. So keep your head high, don't worry so much about what the neighbours might think (you don't know what secrets they're hiding either, do you? ;-)) and IF the DCA sends someone round, remind yourself that you're better than him, at least, you don't resort to frighten people off for a living. ;-)

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Tell him to sod off and that you have already made contact in writing, that you are not discussing anything on your doorstep, and that if he intends to stay, you will call the police, as he is trespassing. Then shut the door and ignore him. If he doesn't go away, call the police.

Not trying to be pedantic but Trespass is a civil matter and not one which the police will become involved in. They will however respond to a breach of the peace or an alleged assault or threatenting behaviour;)

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68. Offence of aggravated trespass.

— (1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect— (a)

of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,

 

(b)

of obstructing that activity, or

 

©

of disrupting that activity.

 

 

(2) Activity on any occasion on the part of a person or persons on land is “lawful” for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

(4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

(5) In this section “land” does not include— (a)

the highways and roads excluded from the application of section 61 by paragraph (b) of the definition of “land” in subsection (9) of that section; or

 

(b)

a road within the meaning of the M1 Roads (Northern Ireland) Order 1993.

 

 

 

 

 

taken from Criminal Justice and Public Order Act 1994

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Breach of the peace is a refusal to leave your property. Also, if the thug turns up and barges into your house uninvited that's burglary (just consulted McNae's) whether they take anything or not ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Surely to commit a burglary the person who enters the property as a trespasser must have the intention to commit one of the following offences

 

 

steal, inflict grievous bodily harm, rape or cause unlawful damage, or having entered any building or part of a building as a trespasser they steal, inflict or attempt to inflict grievous bodily harm.

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If the tresspasser enters the property with intent to do some of the things these DCAs say they will do then it is burglary ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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One v. important point.

 

A debt collector is not a bailiff.... therefore breaking in won't be on the agenda. Intimidation is what you'll get, but only if you allow it.

 

:)

 

Well said P1.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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they probably won't

 

the number 1 strategy for DCAs is to intimidate you into paying - hence all the hysterical literature printed in red with all sorts of rubbish like Pre Court Division written on them.

 

threatening doorstep calling is a nasty way to harass you into paying - remember - even if they turn up you are in your rights to tell them to clear off

 

the sad fact of modern life is that companies will resort to this sort of behaviour over zealously and as a previous poser said - you are not a criminal

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Well thank you all for the replies. After all that, ---- no one came!!!!!!!!!!

BUT, Im now ready (when) if ;) they do.

 

Glad you're feeling prepared, that's the beauty of this site :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Well thank you all for the replies. After all that, ---- no one came!!!!!!!!!!

BUT, Im now ready when they do.

Do not hold your breath. There is more chance of you seeing Lord Lucan:lol:

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