Threatened by Moorcroft Doorstep Collector with bailiffs and police

[mellyb]

Ive just had a third unannounced visit from Moorcrofts debt collector.

I explained to him that right now im living BELOW minimum benefit levels due to a tax credit overpayment when i was working last year, and at the minute have a lot of PRIORITY debts which im struggling to pay. He said he would accept a minimum of 20 a month, i told him i simply cannot afford this, so in that case take me to court where the judge can see what i can realisitcally afford.

 

He then asked me if i had goods i could give to clear the debt. I told him im not giviving over my goods!

 

He then actually said to me he was coming back round in 3 days with the bailiffs and the police to let them in to take my goods.

 

I told him it would need to go to court before anything like that could happen and he said he would obtain a court order within the next 3 days.

 

can someone please clarify what my rights are. Im on medication for my nerves at the minute, and this has left me feeling completely scared.

You know when you think you know your rights but due to my current situation im feeling very nervous and unsure about things!

[rebel11]

Hi Mell

 

Welcome to CAG

 

You should report them to Trading Standards. If he call's again don't open the door to him, if he refuses to leave call the police. As you said it has to go to court.

He's got no right to ask you to hand over goods.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

The OFT Guidelines on Debt Collections. http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

 

If they do get a Court Order and a Bailiff does call, do any of the following apply to you:-

 

there is list of vulnerable persons it is part of The nation standards of Enforcement agents 2002 NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

[Guest Cartaphilus]

He then actually said to me he was coming back round in 3 days with the

bailiffs

and the police to let them in to take my goods.

 

Perhaps this doorstep collector lives in Narnia.

[ScarletPimpernel]

You should make a formal complaint to Moorcroft about this, as well as reporting the matter to Trading Standards.

 

Be aware that a doorstep collector such as this has no legal powers, and the OFT Guidance says that they must leave at once if asked.

[Guest Cartaphilus]

Or you could even do what I do, I know whose visited my house for example when not even being in. Technology is quite amazing these days.

[mellyb]

Thanks guys, he just left me feeling really nervous. Im in a bad way financially at the minute, and along with the severe anxiety im suffering i had visions of the police knocking down my door. He posted a card through my letterbox aftter i closed the door saying he will return on Friday. Shall i ignore him when he knocks?

[Guest Cartaphilus]

Shall i ignore him when he knocks?

Yes. Because he's a muppet who thinks he can scare people - unlawfully - and should be reported.

 

and along with the severe anxiety im suffering i had visions of the police knocking down my door.

Interesting you should say that. Why do you think the police are going to knock your door down in that way?

 

Right, I am now going to post something here: I had my front door bashed down after a debt collector letter a few months ago. I also suffer with anxiety, but it's nothing serious, but some people out there seem to want it to be, in fact I am presently getting them done for harassment.

Edited October 26, 2010 by Cartaphilus

[rebel11]

Hi Mell,

 

Don't let him or Moorcroft intimidate you, you have rights. When your up to it, try to plan ahead, it's

important to gain control of the situation., Remember we are here.

[Jasper1965]

What kind of debt is he trying to collect from you?

Have you already been taken to Court over this and either lost or failed to defend?

 

As for obtaining a Court order within 3 days........ well unless this has previously been to Court and previous orders have been issued I'm afraid this is a load of tosh, if it was that easy why didn't they just go straight to Court and send a Bailliff round instead of an unqualified and hopelessley powerless in law 'debt collector'?

 

You'll need to give us a few more details before we can offer you accurate advice but if it's any help for now if this is to do with consumer debt eg credit card, bank account, loan, hp etc then the man is talking out his backside

[Guest Cartaphilus]

You can tell whomever the cretin was from Moorcroft can come and visit my front door anytime of the week. Just be aware I will VIDEO THEM if they do and have the police be at my doorstep on my side, not theirs. If you think I won't just come and try it.

Edited October 26, 2010 by Cartaphilus

[mellyb]

Its an account i had with a mail order catalogue, called Studio. Lost my job and didnt keep up with the repayments. Im not denying i owe the money or anything. I havent had anything from a court about this debt.

 

@cartophilius; i am going through a pretty rough time at the minute, and my anxiety is such that normal little things go all out of any proportion in my mind. I just shut the door, and had visions of my door being kicked off and all my stuff being taken! Its not a nice place to be!!

[Guest Cartaphilus]

I know exactly that that is like, more than you know. However, I will not, I will NEVER let bullies push me around, the one thing about bullies and being bullied for most of your life is that you can learn a few things about how they work and, in the end, they are purely cowards and how to use their own methods against them but I will only do that if I am pushed into doing so. In fact, I have the power through what I have learnt, what other things I can do, including relying on family members, connections they have to make their lives very miserable, the same way they do to any of us in these situations but I would never do so, because I won't lower myself to their levels in life. Bullies are nothings. Lowlifes. But they seem to want to make their lives your problem for whatever reasons known only to them. Most of the time I ignore them, because I recognize it for what it is idiotic people doing idiotic things to other people, not knowing or caring what the consequences are. Not even understanding them in most instances. They don't care. Thing is I do care. Which is something they won't ever take from me. No one will ever make me feel that way, because that is giving them emotional power of someone they have no rights to take it from or abuse. And I wasn't just saying that about my door, either, because that is exactly what happened. It has upset me more than I can put into words, because nothing like that has ever happened to me in life before and ever since I have felt unsafe where I live. Purely natural when said and done. It would affect anyone, anxiety or no anxiety. I am a very intelligent human being, yet at times I feel very degraded by all of this. What I will say to you now is, you don't need to be afraid and I am sorry for going off like that. Because I know exactly, I truly wish I didn't know ... what it does to people. This is also one reason I do put aside my own troubles and help people such as yourself. I am not perfect, no one in life is, I make mistakes. I then pay for them. I call it a learning curve. But no one is ever going to take anything from me, and I try to encourage others that they do not need to be afraid in as much as purely to give them some kind of support. I don't get any in life, but I try to give it to others.

 

So, please, don't be afraid of these people. They rely on fear, threats, intimidation. All of us are only human. I feel very much for someone in your situation and not just saying that, because the range of things I have seen, witnessed in a relatively short lifetime I truly wish I did not have to in terms of human suffering in the emotional and material sense. This is why I fight back.

Edited October 26, 2010 by Cartaphilus

[harrassed senior]

Firstly, it is very doubtful that Studio even have an enforceable agreement for this debt. Hence it is with Moorcr+p and their supossed heavies.

 

Firstly, you do not have to open your door or make any acknowledgement that you are 'at home'. If you are able, you should really report this 'man' {I use this term lightly}, to the police, he has made threats and is harrassing you. This IS a criminal Offence. As soon as he is at the door, telephone the police and tell them you are terrified that he is trying to break in, insist that they attend immediately.

 

You must, as has been advised make formal complaints to Moorcr+p and your local trading standards. Did the card he pushed through the door have his name by any chance or was he too much of a coward to use it?

 

Lastly if there is any other help we can give on other matters, please do not hesitate to post on here.

[mellyb]

Thank you cartophilus, those are very kind and soothing words from you. I hope that one day, when i come out the other side of all this, i too can help others with their misfortunes. Thank you.

[Guest Cartaphilus]

One of the reasons I flew off the handle before was because I saw yet another person suffering, right now I am crying over your situation because of how it's made another human being feel.

[Guest Cartaphilus]

I hope your situation gets better.

[mellyb]

@Harrassed Senior,

 

he was very bolshy and cocky, gave me his name, and offered his collection ID number when i was challenging him about coming back with police and bailiffs and i told him I was phoning the police and his company. hes left his name and mobile number on the card he posted through the door. I was having a relatively 'calm' day today - with not much mind racing going on, until he knocked

[Revenant]

Thank you cartophilus, those are very kind and soothing words from you. I hope that one day, when i come out the other side of all this, i too can help others with their misfortunes. Thank you.

 

I totally agree with your comment re cataphilus's post and as for you helping people you already are by bringing this matter into the open for all to read

There's nothing I can add to the advice already given but please get the Police involved in this so that you have a ref number for the future

These idiots rely on fear and peoples lack of knowledge but you've already proven to be not such an easy target

Try not to worry and good luck

R

[2Grumpy]

Most likely there are unlawful charges on what studio are demanding so you probably don't owe what they claim

 

In any event, these 'people' harass most in cases where they have the least entitlement to be paid. They are just trying to scare you into giving them more than they are entitled to & more than you can afford.

 

If someone knocks on your door, you are quite entitled to ignore them, even if they can see you.

You are equally entitled to go to the door & tell them very bluntly where to go and never return.

You can video or record the conversation if you want to

In any event they don't have any right of entry (even bailiffs don't!!) and if they claim that they do have then phone the police.

Don't let them in or speak to them again (other than telling them to f*** off)

 

Have you tried the CAB to see if you are entitled to any other benefits or can get the overpayment reduced or spread over more years?

 

Remember that there are plenty of people here with advice

[victoria_siempre]

Hi mellyb

 

You can also report this to your local councillor - look on your Council's website.

 

Trading Standards comes under a Council and it will also have a Community Safety Partnership which liaises with police. get as many complaints in as you can.

 

Best wishes

 

vic

[Halibutt]

Sorry to read about your problems Melly. If you want more reassurance, have a read of this:

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

I would also be inclined to send the following to Moorcroft, by Royal Mail Recorded Delivery - letter amended to reflect the circumstances you describe, but change it however you wish in order to make it more relevant:

 

By Royal Mail Recorded Delivery

 

Address

 

Date: xx/xx/xx

 

 

Dear Sir/Madam,

 

FORMAL COMPLAINT

 

Account Ref xxxxxxxxxxxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, I wish to lodge a formal complaint regarding one of your representatives, (insert name and ID card number here) who paid a doorstep visit to my property on xx/xx/xx. His manner was very intimidating and he made several verbal threats, including bailiff action, police attendance, property repossession and subsequent visits.

I am currently in receipt of unemployment benefit and as you will be aware, your agent's conduct goes against the guidelines set out in The National Standards of Enforcement Agents (2002).

 

I will be contacting the Office of Fair Trading, Trading Standards and my local MP regarding this matter.

Should it be your intention to arrange further “doorstep calls”, 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 such an appointment with you.

 

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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I would also be grateful if you would supply me with a full copy of your company's complaints procedure.

 

I trust that I have made my position clear on this matter.

 

Yours faithfully,

 

(Print name, don't sign)

 

cc. Office of Fair Trading

Trading Standards - (insert area here)

Name of local MP

 

 

I hope that helps. Good luck!

 

H. x

[unclebulgaria67]

Disgusting behaviour by a doorstep collector with no powers totally breaching OFT guidelines.

 

I think the OP should send the Managing Director of Moorcroft a letter by recorded delivery stating what happened and making a formal complaint about the collector. Also a letter with the details should be sent to the Managing Director of the catalogue company stating what happened. In the letter to Moorcroft make sure you enclose a copy of the letter sent to the catalogue company, so they can see that you have informed their client of this.

 

If Moorcroft care about their collectors following the rules, they should take some action against the collector and write to apologise to you,.

[Guest Cartaphilus]

Post #21, just the sort of letter I am looking for as well.

Edited October 27, 2010 by Cartaphilus

[mellyb]

Fantastic, thanks for that, i shall be sending that letter off asap! Now that ive calmed down a bit, the thing that really galls me is, if i was a pensioner, or had learning difficulties or didnt kow anything about my rights, i would have been so scared into handing over money. Its disgusting the more i think about it. Last night i was so scared and angry all rolled into one. I understand that people debt collect as they need to work, but to scare people is just completely disgusting.

[Guest Cartaphilus]

I understand that people debt collect as they need to work, but to scare people is just completely disgusting.

Only following orders. It's a choice in other words, to behave that way or don't. Conscience plays a large part.

 

Yesterday I found a wasp in the bath, it was dying, but must have come in from the cold weather to find warmth. It was nothing to fear, yet part of me wanted to be because that is a primal instinct, because I know they sting, but the thing is it had more to fear from me than I it. It's the same with these doorstep collectors. Yes, they use fear, but that is all they use. Fear without a captive audience is nothing, it quickly loses and relinquishes it's domination over someone. Remember here, that is all they can do, scare, frighten. What does that say about them? They are nothing. You are somebody.

 

Sorry for the analogy there.

i would have been so scared into handing over money.

 

Me? I would have slammed the door in their face, that is how you have to be I am afraid with these people. They cannot break your door down, if they get the police to do so ... Oh, dear, BIG mistake. Fear. Like I said.

 

Next time any of these rejects come to your door, and you know who it is, don't answer them. Note whatever they do next: go to your neighbours, and so on. I know it's not easy, no one ever said it would be, but it's your house, and your front door. Who gave them the right to come and intimidate you like that? No one.

Edited October 27, 2010 by Cartaphilus