FIRE and doorstep Agent threat

[Folara]

Hi again all

 

Can someone help me out with a letter to FIRE to tell them to get stuffed basically.

 

They are saying that they may either:

 

commence legal proceedings (:lol:)

 

or

 

a Doorstep Agent will call.

 

As my 14 year old son is at home whilst I am at work I would rather they didnt bother him. They would get very short change if they did it whilst I was there.

 

Can one of you kind ppl therefore help me with a letter please.

 

Thanks.

[Bigmac versus]

Can you give us a little background on this.

 

How much is owed, are there charges in the amount, when did this start, what is it for?

[42man]

Indeed if you can give us a little more detail...but send this by recorded delivery...

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

[Folara]

Hi and thanks

 

Approx. 8 years ago the abusive relationship that I had been in for 4 years came to an end. It wasnt just physical but also mental violence and such that I was made to take out loans and credit cards in my name.

 

Luckily for me (and our 2 children) the animal ran off with another woman (a friend unbelieveably) but left me with a considerable amount of debt.

 

Some of the debts I managed to pay with help from my father. Some of them I wrote to and explained that I had no money, two small kids and wasnt working. We (my father and I) made offers but didnt always get a response.

 

On top of this, about 7 years ago we had a house fire that basically destroyed all original paperwork and lots of other personal stuff.

 

For years I have heard nothing from these DCA's.

 

Then in 2003 I started receiving the usual letters from Cabot etc. and I managed to pay two more of the smaller amounts off.

 

I have copies of all letters that I sent dating back to 2003. I have in the past asked for a copy of my CCA etc and yet I have never had the courtesy of a proper reply, just more of the threatening letters.

 

For some unknown reason the letters and calls stopped around 2005. Until recently.

 

I had one the other day (see other thread) from MacKenzie Hall regarding a debt from 1997.

 

I have now received a letter from FIRE regarding a debt that they state was originally for Bank of Scotland credit card that was sold to Cabot. This is the first correspondence I have received regarding this particular debt.

 

The real problem is that I dont remember (tbh there were so many and I wasnt that 'stable' for a while) when the card was taken out, when it was defaulted on etc. Although I am certain it would be over 6 years ago now. According to the letter the amount is £3914.42, whether this includes charges etc I really dont know.

 

HTH (and a choccy for getting this far).

[Bigmac versus]

Well something along the lines of this will do for starters.

 

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Please also 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.

 

REMEMBER DO NOT SIGN THIS.

[42man]

Also bear in mind that if you have neither made a payment towards or acknowledged the debt in 6 years (5 in Scotland) then the debt is statute barred and can't be legally enforced !!!

[Folara]

Thanks.

[NailPost]

The likelihood of a doorstep agent calling are remote but not unknown. It costs money to send an agent out and spending cash is something all debt collectors hate.

 

If an agent calls you tell him/her to go away. If they don't leave when requested you can call the police and tell them a breach of the peace is likely. Make that call in the agent's hearing and watch them scuttle off back under their stone. Make sure you record their description, clothes, height, hair colour etc (pi would be ideal) and note the car registration number.

 

If pc plod does not appear you are entitled to lodge a complaint about the agent's behaviour with the company and the usual agencies.