CARS threatening home visit without CCA

[billybig]

I wonder if anyone can help me. I was contacted by CARS (Creditlink Account Recovery Solutions Ltd) regarding an outstanding amount of £120 regarding a mobile phone contract which I have no recollection of subscribing to. I wrote to them to request a copy of the CCA, this was sent by recorded delivery and shows as signed for on 02/06.

 

By my reckoning the 12 working days will expire on 18/06. However, I have today received a letter from them dated 05/06 advising me that a home agent will be visiting me on Thursday between 08:00-20:00.

 

How should I respond? I certainly don't want anyone visiting my house and as yet haven't received the CCA.

 

Any advice much appreciated.

[rory32]

The CCA request really wasn't appropriate as most mobile phone contracts are not covered by it. I would send them the following

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

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.

 

 

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

[rory32]

I would also point out that it is extremely unlikely that anyone will turn up, especially when the sum involved is so small.

[billybig]

Thanks very much. I will get a copy of that letter out to them tomorrow.

[Helios]

Most threaten visits but never do carry it out