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Door step collections


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Hi all,

 

Another query. Had a letter from Meritforce stating they will do a home visit in 10 days time.This firm are in cahoots with MacKenzie Hall who I have asked repeatedly for verification and proof that I owe them anything. Am I right in thinking that door step visits are an infringement and I can write and tell them 'stay away'.

 

Your thoughts are much appreciated.

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Hi,

 

Borrowed this from ODC :)

 

 

They can send someone to your house provided they have made an appointment with you and you have agreed to the visit. However they have NO LEGAL POWERS whatsoever. Your postman has more power to be on your property than a doorstepper. Send them this and if they do turn up tell them to go forth and multply. Should they fail to leave your property telephone the POLICE and report a breach of the peace.

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

 

 

Dear Idiots

 

I refer to your recent correspondence.

 

I note it is 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 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 civil action will be taken.

__________________

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Cheers Scoot,

 

Much appreciated. I did not make an appointment nor invite them to visit, therefore I will send them the letter and advise accordingly.

 

kind regards,

 

John

 

PS does the law of tresspass apply in Scotland??????

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Dear Idiots

 

I refer to your recent correspondence.

 

I note it is 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 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 civil action will be taken.

In Scotland there are no torts of anything, nevermind of trespass, and civil action is very limited. The position on trespass is also very different from that of England. The case of Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R. relies on the English concept of trespass and as such I'm afraid is irrelevant. The Scottish position on trespass requires a period of permancy or damage.

 

Having said that DCA's have very little understanding of the law - so I'm not saying don't send it. I'm simply saying it's not really relevant to the Scots Law position on trespass.

 

I would however change the letter to

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi, John.

 

Sorry for giving you the wrong info :rolleyes:

Forgot what Forum I was in ( well that's my story, and I'm sticking to it).

 

And thanks to you Rory for being a very helpfull person :cool::)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Not a problem scott, much appreciated your advice and Rory's intervention , the combination of the two gave me confidence to tell them to go forth and multiply.

 

regards,

John

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