Doorstep callers?

[stressed mum!]

Hubby has recieved postcard from Northern Rock this morning saying they are considering sending a representitive to our home, now I have had one before form MBNA sent the doorstep visit letter ect.

What he's peed off about is that people can read it ie it's from NR and obviously about a debt apart from sending the dont call letter is there anything else I can do we have been co=operative and asked them to reply in writing ect

[phoenix11]

Hi Stressed Mum

Have you worded it as cerberusalert has posted:

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I'd also say that has to be grounds for a complaint as it constitutes harassment by sending an open communication.

Perhaps fire off another strongly worded letter of complaint and hold them to dealing with it or escalating it.

As there is the debate in the HoC coming up next week, maybe look up your MP online and contact them to ask if they're attending and raise your issues.

If they're not attending, ask why not as this is a major national issue affecting everyone.

Then perhaps find out which MP you can email in time to ask if these issues can be raised in the debate?

(I freely admit I have no idea how these things work - but it has to be worth a try???)

 

[stressed mum!]

Thanks for your reply pheonix I think I have worded it wrongly. I havent sent the doorstep letter to NR yet I did that with MBNA who have sent me a 2 page letter (need to post up on mbna thread) just thought they maybe something else apart from that letter as it's only a postcard and anyman and his dog can read it!! and we have always replied to thier letters and asking them to contact us by writing only, sending token payment's and keeping them informed of our circumstances.

Think a stroppy letter is needed, good idea about the MP x

[phoenix11]

What exactly does the postcard say?

 

Is there any personal information other than "we may be sending the managment round to call on you" type wording?

 

If they've put any personal or account information on there, I'd have thought (without knowing how things stand legally) that this would be grounds for serious complaint under the Data Protection Act, perhaps?

[cerberusalert]

Make a complaint to OFT;

 

Page 9

 

Office of Fair Trading

5

Physical/psychological harassment

2.5

Putting pressure on debtors or third parties is considered to be oppressive.

2.6

Examples of unfair practices are as follows:

a.

contacting debtors at unreasonable times and at unreasonable intervals

b.

pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c.

using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d.

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e.

not informing the debtor when their case has been passed on to a

different debt collector

f.

pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g.

making threatening statements or gestures or taking actions which

suggest harm to debtors

h.

ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i.

disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j.

acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

http://209.85.229.132/search?q=cache:2babpfWiidAJ:www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf+debt+collection+guidelines&cd=1&hl=en&ct=clnk&client=opera

[stressed mum!]

Thanks once again cerberusalert you've been very helpful this info is just what I need. Thanks also pheonix for your imput there was no personal info just that it was obviously regarding a debt by the wording