Door Step Collections (Scotland)

[keltyboy]

Hi I have received a letter from Moorcroft threatening me with a door step collection visit should I fail to respond to their letter. I have sent off a CCA Request as recommended by this forum. Does anyone know of a draft letter that pertains to doorstep vists under Scots Common Law, such as the one in the forum library for English Common Law. Ta in advance Podge fae Kelty:-)

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

[dx100uk]

AFAIK doorstep visits are not allowed north of the boarder.

 

ignore them

 

dx

[keltyboy]

DX100UK Thanks for that piece of information puts mine and the wifes mind at rest.

 

REgards Podge

[dcakiller]

I would send them this version that I found on a post(thanks to original author)

 

 

 

I refer to your threat to send an agent to my home. I have previously told you that all communication in this matter must be in writing.

 

It appears to me that your threats are an attempt to apply psychological pressure, which is a breach of the OFT Guidance on

Debt Collection. In addition, behaviour which creates an intimidating or hostile environment constitutes harassment.

 

Should you ignore the above, you should be aware that I will not speak to any caller, save to ask them to leave at once. If they fail to do so, the police will be called. Any call will also be reported to the appropriate enforcement authorities. You should further note that cctv is in use at this address with both audio and visual recording and will be used as evidence in any complaint.

 

If you do not understand this letter, you should seek professional advice.

[FlyboyAgain]

I'm in Scotland and I've dealt with these clowns much to my satisfaction. First off, read the Protection from Harassment Act and scroll to its Scottish provisions. Here's the link:-

 

Protection from Harassment Act 1997 (c. 40)

 

 

Read it, study it; it is one of your weapons - along with the CCA 1974 - against these ****. Section 8 is the one you want. As to doorstept visits, the OFT is clear about this and you are welcome to use the text below that I've sent to DCAs in the past:-

 

' As to home visits, please do note that under OFT rules you can only visit me at this address if you are invited. Neither you nor your colleagues nor any agent operating on behalf of XXXX Ltd is welcome at this address and you should take note that I revoke any license under Common Law for you or any your representatives to visit me at my property and if you attempt to send such a collector/agent to my home, you will also be further 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'

 

'Delict of trespass' is peculiarly Scottish. Just mention Scot's LAw to theses folk and they'll go quiter than a church mouse!

 

Go for it.

Edited October 23, 2009 by FlyboyAgain
font

[FlyboyAgain]

AFAIK doorstep visits are not allowed north of the boarder.

 

ignore them

 

dx

There is no actual clarification on that.

 

I would chuck this at them, as well:-

 

Land Reform (Scotland) Act, 2003, chapter section 6 (1)(b)(iv) States:-

 

6 Land over which access rights not exercisable

 

 

(1) The land in respect of which access rights are not exercisable is land—

 

 

(which)

 

 

(iv) comprises, in relation to a house or any of the places mentioned in paragraph (a)(ii) above, sufficient adjacent land to enable persons living there to have reasonable measures of privacy in that house or place and to ensure that their enjoyment of that house or place is not unreasonably disturbed;

 

It's all about interperation the Law and i think subection 1(b)(iv) is more than enough to warn these guys not to come anywhere near you!

Edited October 23, 2009 by FlyboyAgain
spelling; additions

[keltyboy]

Hi all, Thanks for the information and I will use this in reply to their letter (Moorcroft). I will keep you updated.

 

 

Podge

[keltyboy]

I have recieved the following 2 letters from them both dated the same day.

No 1 is regarding a visit

No 2 is in reply to my CCA 1974 Request

1

]

 

 

Moorcroft Debt Recovery Limited

— Home Collections Division

P.O. Box No. -17, 2 Spring Gardens, Stockport, SKI 4AJ.

Telephone 0161 475 2811. Fax 0161 477 3864.

 

Date: 02/11/09

Moorcroft Reference.

XXXXXXXXXXXXXXXXX

Client Reference.

XXXXXXXXXX

 

 

 

Dear MR Xxxxxxx

Re: ORANGE PERSONAL COMMUNICATIONS Balance £30.48

Our records show that despite our letters to you, you have defaulted on the agreement we reached with

the result that you are now in arrears for the sum of £30.48.

As a result of this your account has now been passed to our Home Collections Division for action. This

may involve our local representative calling at your home address within the next few days to try to

assist you and to seek to establish how you propose to settle the balance outstanding.

If however you wish to continue paying direct to this office you must send a payment to us for the full

amount of the arrears. It is stressed that this payment must reach us no later than 10.00am on

09/11/09.

We would emphasise that if no satisfactory agreement is made with us or our local representative you

may leave us with no alternative but to recommend to our client that they instruct solicitors to

commence legal proceedings against you without further notice.

Yours sincerely,

 

A.J.Martin

Debt Recovery Manager

 

Please note we are open Monday to Thursday 7.15am to 9.00pm, Friday 7.15am - 7.00pm and on

Saturday 8.30am to 4.00pm

 

 

 

__ To make payment using your debit card please

 

2

Moorcroft Debt Recovery Limited

Moorcroft House, P.O. Box No. 17, 2 Spring Gardens, Stockport, Cheshire SK1 4AJ.

Telephone 0161 475 285S. Fax 0161 477 3864

 

 

Date: 2nd November 2009

 

 

Moorcroft Reference:

 

 

xxxxxxxxxxxxx

 

Client Reference:

XXXXXXxx

Dear Mr Xxxxxx

Re: Orange Personal Communications Balance: £30.48

Further to your recent communication, I write to advise that the credit agreement is paperless therefore, they can not provide a copy of this.

Yours sincerely

 

 

The question that I need answered now is do I reply that as there is no contract do I have no debt to pay

[FlyboyAgain]

I have had lots of fun with Mr Martin. Funny, I never hear from him, now.

 

Home visits division - my rear-end! they're trying to initmidate you, that's all.

 

Perhaps - if you are sure there is no debt -just write to them stating that you acknowldeg no debt to them or any client of theirs whatsoever. It is best to have some reply as evidence. And don't phone them!

[FlyboyAgain]

'Paperless' agreement? They have to supply you with a copy of a web form that you've filled out. HAvning not done this I am not 100% sure on how to handle these ones but I think there is a box you should have ticked agreeing to the terms? Anyway, they need to furnish you with something.

[keltyboy]

Thanks Flyboyagain, I shall draw up a letter tonight using the template that you put on earlier and let you know the outcome. There was no webform filled out as it was done via mobile phone with nothing to sign!

[maroondevo52]

Hi,

 

I take it the debts for a Mobile, if so..............

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Regards.

 

Scott.

[UnmoderatetheNet]

First off to quote another 'CAGGER'

 

'It's a long walk from Stockport to Scotland'

 

They DO NOT do door step collection in scotland for a whole host of reasons, it's just a standard letter they send.

 

This will be followed by the Moorcock Pre School division or pre court division as they prefer to call it, this will go on for several months eventually this will get passed to other pond life, APEX in my case who will send the same boring letters.

 

It's also interesting to note that none of my English debts have been pursued north of the border, not one.