Payplan & Excel Counselling Services/LTSB

[Skye123]

Hi there,

 

I have made an arrangement with Payplan to manage my debts as I suffer from anxiety and depression, therefore, not able to cope on my own. I have only been with Payplan for a couple of months, my third payment to this will be at the end of this month and I know it can take time for them to finalise agreements with my creditors.

 

LTSB have been calling me several times a day for the past couple of months. I have never told them that it is me they are talking to but have said I was not home as Payplan advised me not to talk to them over the telephone and is it much easier for me to say I'm out rather than get into a discussion which I may not be able to handle.

 

On Thursday I received the following letter:

Excel Letter 1 picture by SkyeL23 - Photobucket

 

The very next day, Friday, I received this letter which was not post marked so I know it was not posted but hand delivered:

Excel Letter 2 picture by SkyeL23 - Photobucket

 

I am now very frightened that they will continue to come to my door and may catch me in, or worse, may catch my daughter in who will probably agree to anything they ask as she would be too scared to say no.

 

Payplan cannot do anything about this it seems, so I'm wondering if there is much point in me continuing with this arrangement if I am going to have to deal with these people on my own anyway.

 

Also, living in Scotland, I believe I cannot legally stop them from coming to my door each and every day, so would appreciate any advise I get on how to deal with these people, bearing in mind my mental health state is not good.

 

Many thanks for any help/advice you can offer.

[imager152]

I am more or less in a similar situation. I suffer from anxiety and panic attacks as well and from depression, and I had been implanted with a pacemaker last september. I have debts and a big part of those are bank charges both on personnel(LLyodTSB) and BARCLAYS business account. due to those problems, I have open other accounts. I have allowed Disability living allowance from june of last year when I went on income support due to my health problems. Recently I launched my activity as a freelance photojournalist, so now I am on tax credits. As the amount of my debts is about 6000£ and being on income support I was advised to go to Drumpchapel Law and Money Advice center in Glasgow, there are many of those in Glasgow. I was told there that I had nothing to fear. At first I used to have a debt collector from Provident (being new in the country I had no credit history) so although I started at the begining of last year with a good business plan, no bank would lend me money or authorised overdraft to help me start work (I even got a grant for having a very good business plan) so I had no other choice than the loan shark.

The Law and Money Advice Center took my file, and their sollicitor wrote to all my "lenders".

If you have such panics dealing with those issue I would advise you to go visit a CPN in one of the NHS center, and visit your doctor for advice and maybe medication as well as doing a therapy. Anxiety and depression don't help to deal with money issues. I would advise you to register on this site:Living Life to the Full which is supported by the NHS as well as other people. It had helped me a lot, as well as getting the right medication. If possible don't go in bankrupt as this may have a huge impact on your life.The money advice people would help freeze your debts, and the process would help you breathe for several month. You will still receve letters, put them in a file, don't even read them if that makes you anxious and bring them to your adviser. Then after several month you will be able to find how you may realistticaly pay back each month, if one month you cannot pay the full amount try to make a phone call and if possible pay a small amount: this will show you are doing your best. if you wish support, send me a private message or post here.

[imager152]

I would add this: do not let anyone in your home, unless you know who it is. If it ever happened, call the police. They are the only one who can enter and you can complain of harassment.

[IdaInFife]

you can send send them this and keep a copy as well and if anyone does come to your door you can hand them this as well,

 

Dear Eejits

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 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.

 

ida x

[FlyboyAgain]

 

 

Also, living in Scotland, I believe I cannot legally stop them from coming to my door each and every day, so would appreciate any advise I get on how to deal with these people, bearing in mind my mental health state is not good.

 

Many thanks for any help/advice you can offer.

 

Ida is correct: you can revoke their right to visit you under Scots Law!

[IdaInFife]

you actually can't fly but the dca's donlt know this

[FlyboyAgain]

I thought you could?

 

It's relevant to Trespass:-

 

'Certain types of trespass have been criminal since the Trespass (Scotland) Act 1865 was passed, an Act no-one has ever heard of. Section 3 makes it an offence for any person to lodge in any premises, or occupy or encamp on any land, being private property, without the consent of the owner or legal occupier. Admittedly this section envisages a degree of permanency which will not be present in every situation of trespass.'

[FlyboyAgain]

!865 Act was subsumed in 2003 LAnd reform Act.

[IdaInFife]

thats for permancey there is no law of tresspass in scotland

 

 

ida x

[FlyboyAgain]

Agreed for the PERMANANCY, but there has to be a boundary where that 'permanency' becomes tresspas, and I think that once there is a precedence, the Law would be amended to our benefit. I would contest uninvited visits and appearances on my property and would contest that in court , up here.

 

If enough of us stand up about it?

 

The Law is there to protect us; if we send enough examples before the court I am confident that description of premanency would be amended.

 

Goodness sake, if we've got this far..................

Edited June 26, 2009 by FlyboyAgain
addditions; punctuation

[IdaInFife]

yeah it stinks but most companies dca's etc don't know the difference anyway and most only say they will visit to scare you

 

idax