DCA states Doorstep Collection still possibe after we withdraw permission!!

[meerkatsmimm]

Hey Folks,

 

I thought this was one worth posting because its the first time in all of the letters I have sent that someone has responded directly to it and its a letter many of us send out on a daily basis.

 

Sent Power2Contact (DCA for BC) the refusal to visit my property letter, after they threatened the doorstep collection with their initial letter to me.

 

In response they have said the following, which I must say baffles me because it goes against the whole arguement of my letter:

 

"P2C offers a door step collection service whereby field agents visit a property to discuss repayment of an oustanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits, in subsection 2.12 of the OFT's guidelines, Doorstep visits must give adequate notice of the time and date of the visit. The Armstrong Vs Sheppard (1959) case is dependant on each individual circumstance and only such order to refuse access can come from a court and not from the individual".

 

So I need to get a court order against them now???

 

I mean, my home is freehold, so me making it clear they arent welcome in any way and threatening them with the police if they tresspass doesnt seem to be brought under their notice.

 

Im totally baffled and feel this is them playing games, though part of me wants to go to court and play them at their own game.

 

Any opinions on this folks, and Id be interested to hear a suggested response to the same please if anyone has something suitable.

 

All the best,

 

meerkat xx

[ODC]

You have told them formally that you have withdrawn permission for them to visit YOUR property. You have a LEGAL right to say who comes to your property and who doesnt.

 

Unfortunately TRESPASS is a civil matter and Police will not become involved.

 

That said if you feel threatened, intimidated or worried by one of these muppets then you must phone police. Report a breach of the peace, assault or whatever. If you have young children in the house you may be worried that this man may be a pervert and you should phone police.

[cashins]

Usual DCA Rubbish!!

 

No DCA has the 'right' to call at your property. 99.9% of the time it doesn't arise as it is extremely rare for anyone to show up. If anyone ever does, tell them to get off your property and call the police if they don't.

 

David

[cerberusalert]

They are talking rubbish as usual, if they commit the tort of tresspass you are within your rights to eject them from your property using reasonable force, see; Trespass - Wikipedia, the free encyclopedia

[sillygirl1]

The Armstrong v Shepherd case is misquoted here - again the DCA is showing its ignorance of 'common law' and applying 'DCA sneaky law' however with the help of this site we can nip this theme in the bud.

 

Ignore their letter and should they send a 'calling card' round take it to the local trading standards and complain to the OFT, in fact their letter should be sent to trading standards and the OFT.

[meerkatsmimm]

Thanks ODC,

 

I use the police threat because I would have no hesitation in calling 999 and letting them know I was being threatened at my doorstep. It tends to work as well, as we have not had one caller as yet.

 

However, I dont like the part that they state that only a court has permission to refuse collection on the doorstep, that I cant do it myself.

 

I dont even have a doorstep for them to collect...

[ODC]

NO Power to CONtact have been selective in their reading of the OFT Guidelines. They seem to have forgotten the bits in red

 

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

d. unnecessary and unhelpful use of legal and technical language, for

example, use of Latin phrases

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

f. contacting debtors at unreasonable times

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

h. asking or instructing debtors to make contact on premium rate

telephone numbers

 

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed1

g. not giving adequate notice of the time and date of a visit2

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

[meerkatsmimm]

Thanks folks,

 

A recent health mishap has meant my good husband isnt up to strength to be acting as a bouncer atm, but I agree that the police would be called asap.

 

Agree about the OFT and they have also sent recently a nice yellow postcard making me aware they would call some Monday between 9am and 9pm. Wasnt in an envelope as others and the postman could clearly read that it was from P2C and the reference numbers etc.

 

BC still maintain the account isnt in dispute because they have supplied us with everything they are duty bound to do, but we now have had sight of my 'agreement' and its simply an application form, illegible in places and missing all of the prescribed terms. We have made both BC and the DCA's they have working on this account of this fact, but they continue to ignore as usual.

 

Just wanting a good letter to hit back at them about the collection activities - the 'application form' they sent is another issue!

 

meerkat x

[WelshMam2009]

I imagine they're getting so many of these letters now, thanks to CAG, that they're trying to fight back before they go out of business!!

 

It seems a fairly standard letter that they are issuing.

 

Take a look at this thread with same problem.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215924-re-doorstep-visits-collection.html#post2377537

[meerkatsmimm]

Thanks again everyone,

 

Seems like a very similar letter, so will let them no they have no permission once again and welcome them to test me should they feel I wont contact the police.

 

Actually feel like calling the local police station and making them aware that I feel threatened by this and get the crime number to send with the letter.

 

Its a joke really but a sign of the time that they are stooping so low to try and threaten people.

[Undercover-Elsa]

Hi Meerkat,

If you've placed the account in dispute over the invalid agreement then it's not a seperate issue as under the OFT Guidelines above it's verboten for them to visit you now without prior agreement

(visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed)

so hit them with the dispute and this clause as well

Hugs,

Elsa x

[ScarletPimpernel]

P2C don't actually say that you can't stop them visiting; their missive is just worded to mislead you into gaining that impression.

 

In fact, they make it clear that you can decide:

 

This is simply another option available to our customers to assist them in repaying their debts.

 

A dictionary definition of 'option' is:

 

1.the power or right of choosing.

2.something that may be or is chosen; choice.

 

Also, you aren't their customer; the creditor is. P2C are not providing a service to you, nor do you have a contract with them.

 

No further questions. M'Lud!

[ODC]

Dear No Power to CONtact

 

I am writing to advise you that due to Government Cuts I have authorised the Ministry of Defence to use my property as a live firing range for the training of Special Forces. Should you doorstep collection muppet be foolish enough to visit I suggest he brings with him his own Field Dressings. Due to cuts in the NHS it may not be possible for anyone to tend to his wounds.

 

YOU HAVE BEEN WARNED

[Desperate Daniella]

 

I got their stupid letter a couple of months ago and ignored it. No-one has turned up.

[debt4get]

I got one too...and they did turn up...I must say he was extremely baffled when I invited him to kneel down and have a good look at the doorstep..mrs debt4get had spent hours polishing it in expectation of his visit..she was most upset that he didnt want to look at it but actually expected to be invited for a 'friendly chat' which we politely declined..he told us...I am going to ring the office for instructions...hasnt been heard of since

[anynewmouse]

Dear No Power to CONtact

 

I am writing to advise you that due to Government Cuts I have authorised the Ministry of Defence to use my property as a live firing range for the training of Special Forces. Should you doorstep collection muppet be foolish enough to visit I suggest he brings with him his own Field Dressings. Due to cuts in the NHS it may not be possible for anyone to tend to his wounds.

 

YOU HAVE BEEN WARNED

 

 

I like your style ... btw I you willing to sub-contract as I feel that my property could also be used for this purpose

[ODC]

I got one too...and they did turn up...I must say he was extremely baffled when I invited him to kneel down and have a good look at the doorstep..mrs debt4get had spent hours polishing it in expectation of his visit..she was most upset that he didnt want to look at it but actually expected to be invited for a 'friendly chat' which we politely declined..he told us...I am going to ring the office for instructions...hasnt been heard of since

 

Which all goes to prove that these doorsteppers are NOBODIES. The have NO LEGAL POWER and if they cannot CON you into letting them in to ''discuss'' matters:rolleyes: then there is actually EFF ALL they can actually do.

[mkb]

I dont even have a doorstep for them to collect...

 

I have a doorstep & I want to keep it so I guess that means I'd better bring it in so that its safe!

[meerkatsmimm]

Hi Guys,

 

Thanks for all the responses.

 

Elsa, just as you stated, I hit them up with a letter reiterating the dispute and that very section of the OFT guidelines as provided by ODC.

 

I guess what shocked me more about this letter is that as much as I have had many letters threatening doorstep collection services, they were the first to actually come back at me and state that they could do as they pleased.

 

Its quite dangerous and distressing for those who dont have the support of the CAG massive to get these letters/cards, never mind to believe they have been sent packing, only for them to come back telling you that you cant refuse them permission!

 

It takes BC's continual 'we have complied with your CCA request' to a whole new level...

 

It is funny though, P2C and CSL that was mentioned with the same letter in Welshmams link, are the same company - sharing an office and Staff.

 

BC and their clowns have this multiple agency collection thing down to a fine art, regardless of the OFT guidelines for multiple agency collection on the same account at the same time.

 

Thanks again everyone - We are getting back up to speed after a tough couple of months personally, so hope to be back with more soon.

 

meerkat xx

[cashins]

Its quite dangerous and distressing for those who dont have the support of the CAG massive to get these letters/cards, never mind to believe they have been sent packing, only for them to come back telling you that you cant refuse them permission!

 

 

Yes it is, but that's what their whole sh*tty business is based on.

 

Just the job for a playground bully go when they get older. (Note I didn't say when the grow up.)

 

David

[joemay]

OH rec'd a letter from Halifax informing him that the common law quoted doesn't cover debt:eek: Yeah right:rolleyes:

[lickthewallfatboy]

they must think people are stupid....

[ODC]

Unfortunately not everyone has the backings of CAG and the DCAs just ride roughshod over the law. They know the OFT will do nothing so that is why you have to follow through with either a civil claim or else report them to the Police for a crimial offence. At the end of the day most of these doorsteppers are nobodies who rely on intimidation to get money from you. Do not fall for their LIES.

[vint1954]

OH rec'd a letter from Halifax informing him that the common law quoted doesn't cover debt:eek: Yeah right:rolleyes:

Copy to OFT.

 

Was it from Power to Contact by any chance?

[mr.ton]

They wish it didnt cover debt more like.....