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recieved a letter back from dca responding to my letter regarding doorstep visit


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hi had some problems with credit solutions...they sent me letters saying i will get a door step visit regarding a debt...i have paid £10.00 per month for nearly 16 months..missed one in january but there computer system error caused the problem..they have now corrected it and stopped pestering me...my thing is..i also sent them the template letter about doorstep visiting and why i did not want it..on the response letter from them they said...about subsection 2.12 and armstrong v sheppard......they say this is dependant on each individual circumstance and only such order can come from a court and not an individual...any views on this...thanks paul

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Utter twaddle, they lie with each letter they write. You should know by now not to trust a DCA one single micro-millimetre.

 

Send the letter to Trading Standards via Consumer Direct as it breaches Debt Collecting guidelines and preys on ignorance.

 

Only a court can stop them sending a doorstepper has to be one of the best lies yet!

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Guest Cartaphilus
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

The above you may have seen before and from the OFT guidelines on home visits, I can see at least two scenarios above which could apply and why they aren't to visit you at home. Also, it's always been my understanding that unless you agree to them making an appointment with you, at a 'convenient' time ... Which is in essence what that template latter formally instructs them that you do not want a visit from them nor are making an appointment. You don't have to open your door to anyone is what I am saying except emergency services if they are called and there with your permission eg you called the ambulance or fire brigade. In other words they have your permission and consent to enter your premises by the act of phoning them up in an emergency.

 

Sorry for such a long spiel but I often type as I think along something. But to me the rest of what they've said sounds like tosh. Also, what about harassment and the guidelines as they are implying they can attend your property without your prior consent ... would that fall under harassment? After all, you've instructed them not to visit and they blithely then ignore that. I am sure others will probably have more constructive thoughts on it.

 

My post crossed with someone elses.

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Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

__________________

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Just ignore the Mongs, don't get into unnecessary postal ping pong, if anyone does show up there is a letter in the templates to give them, if they do not leave your property call the police

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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