Scotcall Now I've finally Nailed them

[jimbo45]

Hi all

Got a nice XMAS card from Scotcall --amazing how even in the snow and Ice these letters appear when nothing else is moving from Roads to Air.

 

It said Your Debt has been passed to us if you don't pay up Doorstep collection in big red letters.

 

1) No mention of legality of Debt OR THEIR RIGHT TO COLLECT IT - just saying Debt has been passed to us IS NOT GOOD ENOUGH. Orgiginal Harassment came from Buchanan Clarke and Wells who never provided evidence of debt either. DCA's cannot just play Pass the Parcel without also including their authority to collect the debt -- Not good enough to say 'Debt has been passed to us".

 

2) DOORSTEP COLLECTION THREATENED ABSOLUTELY NOT ALLOWED -- apart from the fact that if they were stupid enough to attempt this the Rottweilers would have an Early Dinner and of course under ENGLISH Law which these Scots bozos obviously don't know about only certain people have an implicit right to visit your front door -- can't remember it but its eshrined in Case Law.

 

 

This now makes this an EXTORTION case --making a threatening demand for money without due authority.

 

I've written back to this asinine set of people saying that we can settle the extortion issue amicably out of court if you agree to close the file so no further communication is sent and enclose my compensation fee of 500 GBP.

 

We'll see what happens to this one.

 

Cheers

jimbo

Edited December 4, 2010 by the_shadow
Removed attempt to bypass swearing filter

[Tingy]

Keep us up to date with this one. I'm dealing with Snot Call at the moment as well. I think the law you're after is Tort of Trespass.

[jimbo45]

Hi there

If they threaten Door step collections then this violates any proper behaviour on how debts are supposed to be collected so a "Bog Off" letter might be in order as a MINIMUM.

 

Get complete authority from them as to the debt AND THEIR AUTHORITY TO COLLECT IT.

 

It's not sufficient to say XXX says you owe YYY and we are collecting it. First of all they have to produce the original bill and ALSO THE AUTHORITY UNDER WHICH THEY CAN COLLECT THE DEBT.

 

No good saying Company XXX has requested me / appointed me agents to collect this debt WITHOUT SUPPORTING EVIDENCE.

 

Too many people just fold when a DCA starts the threatogram machine rolling with totally asinine proposals like DOORSTEP COLLECTION. Who do they think we are for heavens sake. This isn't Toy town and Mr Plod.

 

Most DCA's have extremely poor paperwork and even if they can get hold of the original bill from the OC most of them wouldn't have a clue about presenting the LEGAL authority they have of collecting a SPECIFIC debt -- they might present a credit / debt collection agency's license which means that they can collect debts but you need to make them prove that they have the authority to actually collect YOURS.

 

95% of them would probably fail at this hurdle and attempt to pass the debt on. You'll probably get another few letters from even lower bottom feeders --eventually it will just disappear.

 

Cheers

jimbo

[Tingy]

Thanks Jimbo, I've dealt with a good few of these both myself and for others so know the score. I was interested in the response you get to your letter as if it works, if you don't mind I'll pinch your idea and do the same myself!

[the_shadow]

Thread title renamed and first post edited for attempt to bypass swearing filter. Please re-read the forum rules (link can be found in my signature)

 

S.

[PriorityOne]

 

I've written back to this asinine set of people saying that we can settle the extortion issue amicably out of court if you agree to close the file so no further communication is sent and enclose my compensation fee of 500 GBP.

 

 

What on earth are you on Jimbo?....

[oilyrag]

At the first whiff, merest whiff in our case of anything legal these jokers and their associates "Resolvecall" disappeared into the wide blue yonder. They were having none of that and the alleged account was passed elsewhere toute suite as the French say.

 

They cannot call on you without an appointment or without your permission. Just inform them (by recorded delivery) that the implied license under English Law for them to come onto your property is revoked and should they call they will be committing the Tort of trespass for which you will seek damages by way of reddress. Secondly if your account is in dispute, they may be infringing section 1 of the Protection from Harassment Act 1999 and section 40 of the Administration of Justice Act 1970. There are some good template letters here on CAG. In actual fact the only people allowed to call on you lawfully are postmen delivering Her Majesty's mail and people genuinely asking for directions.

 

In the words of Corporal Jones "they don't like it ----------etc"

 

regards

oilyrag.

[GASS]

I am intersted in how you go with this too, I have ping ponged between Buchanan Clerk and Wells and Scotcall, I had asked for the appropriate paperwork under BCW and advised them that I was unhappy with their repeated telephone calling. It went very quite in since then (March) and now Scot Call are here saying they will be visiting....... yeah right