Had pink letter saying Pwer 2 Contact will be visiting

[willtheywontthey]

It's from the Co-op and says they have instructed Power 2 Contact to visit me at my home within next 10 days and in order to avoid missing htem or incurring additional costs for me to telephone 0845 602 0359 to arrange a mutually convenient time.

 

So... I have not defaulted so are they allowed legally to do this?

 

How do I contact (written) - and who do I contact to tell them t buzz off basically? I am concerned some unknown person will arrive in street and start questioning all my neighbours etc etc..! One of which is extremely chatty (gossipy) and another is a neighbour from hell!!

 

Should I file a police report or not?

 

There is a letter somewhere that states no doorstep collection but I thought I had sent co-op this in case of a rainy day.

 

I did get a letter tellling me to pay by today or I'd be defaulted but this pink letter was dated 8th and posted 9th - arriving today.

 

Would appreciate replies on this one thanks

[silverfox1961]

Is this the letter you were thinking of

 

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,

 

 

 

Don't ring them.Do it all in writing. The only time to get the police involved is if they turn up and won't leave when asked. They have no right of entry either.

The chances are they are going to default you whatever so I'd get a copy of your credit report.

 

 

fox

[mr.ton]

If in the unlikely event someone does show, tell em to get lost as they have about as much authority as the milkman or the postman - if they refuse then contact the police & report a breach of the peace.

[willtheywontthey]

just checked experian and my last two payment 'notes' for sept and oct were zero .. not even late.

 

Not defaulted - had paid online as 'transferred to co-op' on 5th (Friday) and default notice deadline was 10th (today) BUT they sent this threat out before the deadline date.

 

Are they allowed to send these out if you haven't defaulted? I guess i'll have to phone my online bank to find out what date it actually reached co-op as I refuse to phone co-op....

 

thanks for replies thus far and thanks for that letter as I'd lost it in my disorganised state of accounting / letters saved etc!

[willtheywontthey]

phoned the normal co-op telephoen line just to ask 2 questions:

 

1. when did they receive the last payment from me and

2. when was next payment due

 

Basically no 1 answer was yesterday (the amount the default notice stated they wanted) and no 2 answer was January.

 

It was once I asked operator to log my call and she asked me to tell her what to state (ie that I asked no 1 and no 2 above and what she said) that she started saying that I'd phoned earlier in the day and spoken to collections. I expressed incredulity and asked her to confirm what she said. She said I had called in the afternoon. I stated that I had done no such thing and wanted to know if somebody had been impersonating me. She went on and on a bit and started saying it was a letter that they'd received from me - a complaint not a phone call (??!). She wanted me to speak to collections. I refused. This was all done very nicely by me I must say She started saying my statement had asked for 400+ pounds and I still had money to pay them. I told her I was not discussing this and had paid what was asked by time date in their most recent written comms. and was phoning to ask if my payment as demanded by 10 December had been received.

 

She basically stopped logging my simple request (cheek!) and started insisting on giving me advice. I said I was not phoning for any advice and wanted her to log the call as she said she would. She said call was being recorded - I stated so was mine! She then went on and on about how I should speak to collections. I stated it was them I was complaining about and refused to speak to them or anybody to discuss my account as I had 2 questions which she had answered and I now wanted logged. She then wanted me to speak to her manager. I stated I did not want to speak to her manager and would not speak to her manager. The line went quiet and after couple of minutes (with me speaking to alleged recording device of theirs) I hung up.

 

So according to last request for payment from co-op ie default notice which they stated x amount was in arrears and I paid x amount day before it was due.

 

October and November experian states zero.

 

I have two letters ready to go special delivery tomorrow:

 

1, to co-op - doorstep collection

 

2. to the Power 2 Contact (if I can find their address - anybody??)

 

 

BUT it comes back to this issue of intimidation. Threats to visit or actual visits. There seems to be nothing we can do to stop it basically other than send letters which they will ignore. I'm afraid I'm not too happy even with the idea of these people visiting. It's an old fashioned idea I guess but there you go.

 

Any advice at all which will STOP this from happening. I really will get very stressed all day every day just thinking it may be possible. Now I'm off for an asthma attack due to them!!

[willtheywontthey]

another question sorry!!

 

(found address and their laughable code of conduct here: Credit Solutions Holdings Ltd)

 

Are they allowed to have access to my personal data without a valid CCA? Are they allowed access to my personal data even if Co-op have given them this information - and co-op have not got valid cca??

 

Added to that co-op not complied fully with sar and complaint made to FOS months ago.... under investigation and in dispute BUT I have been paying them usually on time UNLESS they phone me at home and then I get awkward and pay late, write letters to complain about calls etc etc - they ahve told me they will not phone, have taken information off their database but still they phone!

[rory32]

As you have settled the default arrears before the due date I would make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 regarding their tactics.

 

2. to the Power 2 Contact (if I can find their address - anybody??)

Power 2 Contact

Electra House,

Electra Way,

Crewe,

Cheshire,

CW1 6WZ

 

Interestingly though they do not appear to be on the Data Protection Public Register.

[willtheywontthey]

As you have settled the default arrears before the due date I would make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 regarding their tactics.

 

 

Power 2 Contact

Electra House,

Electra Way,

Crewe,

Cheshire,

CW1 6WZ

 

Interestingly though they do not appear to be on the Data Protection Public Register.

 

thanks for that - is there any particular clause / law they have breached by sending this 'threat' before default date 'over' (and paid for)

 

Also what does the fact they've not registered dpa registrar mean - that they should not process personal data?

 

 

Does anybody know if there is anything to stop your original creditor (eg co-op) from passing on your personal information to third party ? Would they need an original cca to be justified to do this and does this mean this power2 lot would also need to provide such a cca to have the right to my personal data??? I find it very odd a company (who may not have a cca) can pass on my personal data as and how they feel like?

[willtheywontthey]

so.. have sent two letters to 1. co-op and 2. power2callandharrass stating I withdraw any invitation to call at my home. Special delivery - another #10 down the drain

 

So - if you send this letter saying go away and do not visit my home..... how effective is it actually. Is it like sprinkling magic powder on them? Do they care? Do authorities care - seems they are allowed to do doorstep visits in OFT guidelines. Thought that was only allowed for bailiffs and after a court order??

 

IF they do call after getting the letter what actually can be done about it - guess the police will laugh then if I complain? FOS will take 6+ months and then say 'ah well'?

 

What I'm trying to find out is how effective any of the possible actions to me actually are and what are best moves for 'complaint' if they do call? I know I can just 'shoo' them away but's damned stressful having these sort of people calling at your home!!

[hillards]

Special delivery may be a bit expensive - recorded is just as effective.

 

They will not call, despite the threats. If you've sent them a letter to tell them then that's anough. If they take no notice of that then they are breaking the law. Simple as that. Only court appointed bailiffs can levy distress on goods, these 'doorstep callers' have zero powers at all.

 

They rely on people not knowing their rights, inviting them in is fatal - they will use that to show that the debtor allowed them to enter their property. They still can't take an inventory, they are only supposed to chat about repayment options.

 

Of course, if you read around CAG, you'll discover that there are things you can do to check that they have any right to be contacting you at all, never mind making demands for payment.

 

You asked about the right of the Co-op to pass on your data. They've written off the debt and it's been sold as part of a batch to a DCA. The DCA buys all the rights with that account, it's then down to them to try and gain payment from the alleged debtor.

 

They are taking a chance that the person they contact will simply pay up, thinking that they can have people visiting and phoning etc.

 

I have a sheet of paper printed out, telling any doorstepper what their rights are and what mine are. Its next to the door, ready to give them if they call. I also tell them that I reserve the right to fire my pistol at them, which is kept loaded, just inside the door. I don't tell them it's a water pistol, and filled with dog pee - but that's their lookout. Trouble is, nobody has EVER called on me...

[fiftypence]

Trouble is, nobody has EVER called on me...

 

I had a DCA threaten to send someone round back in June. I work from home 70% of the time and I am still waiting for that threatened visit. Pity really as I would love to tell them to do one.

[blind-as-a-bat]

Power 2 Contact do visit, they are a traceing company so i was led to believe, one of my creditors sent them because i wouldnt contact them anymore.

 

They seemed to mis the point i had gone Bankrupt which is why i wouldnt contact them, and the poor guy who called got a right gob full.

[willtheywontthey]

hillards that reply made me laugh... thanks

 

any chance of a copy of this letter by door of yours? Regarding your 'pistol' (water etc) - have I the right to first said pistol to anybody who turns up at my door or only those who have had letters??

 

Back tot he letter that says 'go away you are not invited' blah then what recourse have I IF they turn up? Who do I complain to and consequences? I am assuming police will tell me to sod off?

 

What is purpose of doorstep collectors other than to harass???? How come this is actually allowed??? I just do not get it... are they not supposed to go through procedure - all written - before thy take you to court and do legal stuff to you according to law etc??? Why does OFT allow doorstep collections????

[willtheywontthey]

thanksl for reply - I have not even been defaulted by the Co-op!! Paid them in time - admittedly I waited until last minute because they annoyed me with their phone calls but hey I followed letter of law.

 

Are we allowed to doorstep visit them at all I wonder? At their hq, thier operator's homes etc etc?

 

Really one-sided all this harassment isn't it......... and if we do get anybody on our side it's all after 6 months of hell when the FOS decides to intervene and then 6 months until they stab you in the back (still waiting for said knife!!)

[vexlitigant]

Is this the letter you were thinking of

 

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,

 

 

 

Don't ring them.Do it all in writing. The only time to get the police involved is if they turn up and won't leave when asked. They have no right of entry either.

The chances are they are going to default you whatever so I'd get a copy of your credit report.

 

 

fox

 

Love the third paragraph. Not seen that before. GREAT

[willtheywontthey]

hi

 

thanks - I sent that letter off today.

 

I don't understand how they can default me if I paid one day before the default notice deadline???

 

I rang normal tel. no. yesterday only to ask 2 questions - a. when was last payment rec'd and b. when next due. It was them who wanted to say more to me but I refused. Basically I've paid what default notice wanted and day early.

[Taz11]

I'm with you on this one willtheywontthey. I had the same "postcard" in a nice pink envelope (its my birthday today, 12th, so I thought it was a nice gesture...lol). They both had a swift letter back similar to the one above which 42man posted for me. I have a nice boldly typed letter ready to show them, camera and phone for the "police I'm calling for a tresspasser on my property"...lol

 

I'm getting to the point where nothing gets to me now, idle threats or bully boys. This forum has boosted my confidence and given me the awareness of my rights,

 

BLOODY FANTASTIC !!!

[Misterzeus]

I concur with Blind, Power2Contact do visit.

 

The "doorstep" letter was sent to both Citi Cards and Power2Contact prior to their agent visiting back in May.

 

Don't worry though, as in our case, the agent soon went once Mr Z told him he would only deal with Power2Contact in writing.

 

I believe that people should be aware that these visits "can" happen now and then.

 

Regards

 

Mrs Z

Edited December 12, 2008 by Misterzeus
typo

[bazaar]

Hi Will

Keep a close eye on when Power2get wet received your letter.

Once you have that, then obviously a letter to hand them and phone the police, take their mug shot too.

OR, a strategically placed hosepipe can be used to water your garden at the same time as the 'visit', carefully worded 'OOPS I didnt see you there' as they run for their car, which unfortunately is saturated as they open the door.

 

My brother had one of these numpties visit, he told them to wait at the door, then went round the side of his house with his large dog. Little pr**k pooped and ran.

[willtheywontthey]

what I do not understand i 'how' these visits are legal / allowed???

 

 

If you have not defaulted then they should really have no right should they???

 

How come it isn;t harassment to even threaten such visits???

[willtheywontthey]

and so far, as far as I know, nobody has visited....

 

I have a 'squiggle' (exactly that!!) as a signature of receipt of the letter regarding this 'tort' of trespass....

 

(ps what is a tort!! answers on a postcard and sent to Power 2 contact!)

 

(pps - do power 2 contract just sub-contract these visits or are the callers their actual direct employees??)

[hillards]

what I do not understand i 'how' these visits are legal / allowed???

 

If you have not defaulted then they should really have no right should they???

 

How come it isn;t harassment to even threaten such visits???

Lots of info on what they can and cannot do at What to do if you are in Debt (legal)

and I love this one: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117972-doorstep-collection-notice-aye.html#post1197102

 

Or how about some training in the art of debt recovery? Chris Firat Training · Effective Evaluation of Debt Collection Calls

(ps what is a tort!!...

Tort - Wikipedia, the free encyclopedia

with a handy index of cases

Category:English tort case law - Wikipedia, the free encyclopedia

[willtheywontthey]

well despite the Co-op sending me an apology letter (3rd one about phone calls continuing) and promising to delete my number (yet again!) there were loads more calls over weekend and again today....... I had written to them a few days ago (just before the pink threat) stating they were liars basically and I would be making a police report in 7 days if they continued.

 

I was really tempted to do so today but 2 more days left for them to cease .. I then decided to phone the Executive Office (I was after all going to name the CEO in the police report if I was making one) and the woman there was very polite - I stated I was not phoning to discuss my account but to complain - not once did she try to use the call to mention payments - but said she'd deal with the calls and they should have stopped. I replied I'd wait 2 days for written confirmation and calls to stop otherwise police report etc etc....

 

I also mentioned my recent complaint about unfair practice and breaches of OFT guidelines eg doorstep visits being threatened and she stated she'd look into my complaints in detail and see where it was and so on....

 

So here's waiting to see if I'll be fobbed off or not.... I'll need one hell of an apology for the doorstep 'challenge' I'm telling you!

[mr.ton]

I concur with Blind, Power2Contact do visit

 

It means nothing as they can just be told to go away

[willtheywontthey]

well here's hoping that my phone call to the Executive Office won't have been in vain then?

 

Is it your experience that writing the letter stating harassment and trespass 'tort' etc etc will be ignored by them?