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legal note not to knock on my door


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Hi,

 

There's letters here for when a DCA threatens a Doorstep Visit, is this what your after ?

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 
 

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Hi,

 

I don't think thats possible, if you find one let me know :-)

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Just put up your own sign saying no cold-callers, i believe you can buy them from ebay etc

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Everyone has a implied right to call at your door unless you specifically name and tell them you are removing that right, this can be done for DCA's, etc as mentioned above.

 

This wouldnt apply to cold callers as you don't know their details, however It would be possible (in theory) to get their name/company name the first time they call and then write to them withdrawing further permission to call.

 

Although I would of thought a simple sign saying No Cold Callers would sufffice, if they do knock then point to the sign and enquire whether they can read !

 

Andy

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the "proviso" with creditors is that if you are not answering thier letters or phone calls- they have every right to attempt to contact you at home so it is important that if you do not want them to call- that you maintain written communication

 

i dont think that is quite accurate, you are under no obligation to answer any of their calls and/or letters and you can withdraw permission to contact you at home and if they do it will be trespassing.

 

I have DCA's after me and I certainly do not waste my time responding to their letters or phone calls and if they threaten to viist me personally (they havn't yet) then I shall send them the doorstep letter linked to above.

 

Andy

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with respect i think a reality check is in order

 

i presume that the undertone is that if the creditor mis behaves the intention is to report them to the OFT etc or to any court hearing a claim

 

I assume that it is accepted that in 99.9999% of CAG debts on this forum- there can be no dispute as to the fact that a debt exists - merely the legal enforceablity of it

 

so, a cagger is going to make a complaint to some authority or other

 

In it he is going to state that he refuses to talk to the creditor on the phone, refuses to communicate in writing and now is outraged that the creditor has resorted to calling on him at home to discuss the matter

 

 

well if i were the guy at the OFT/Consumer direct/Ombudsman/court judge and you fired that at me- id kick your ass right out the door- and rightly so too

 

 

I EXCLUDE from the foregoing- correspondence of a circular nature- from dca's which might occur AFTER a stalemate has been reached in discussions

 

although for good orders sake i would always recommend that if you do not intend to correspond further- you should confirm that in writing or advise the OC in writing that all correspondence, save for service will be filed unanswered

 

belt and braces

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with respect i think a reality check is in order

 

i presume that the undertone is that if the creditor mis behaves the intention is to report them to the OFT etc or to any court hearing a claim

 

I assume that it is accepted that in 99.9999% of CAG debts on this forum- there can be no dispute as to the fact that a debt exists - merely the legal enforceablity of it

 

so, a cagger is going to make a complaint to some authority or other

 

In it he is going to state that he refuses to talk to the creditor on the phone, refuses to communicate in writing and now is outraged that the creditor has resorted to calling on him at home to discuss the matter

 

 

well if i were the guy at the OFT/Consumer direct/Ombudsman/court judge and you fired that at me- id kick your ass right out the door- and rightly so too

 

 

I EXCLUDE from the foregoing- correspondence of a circular nature- from dca's which might occur AFTER a stalemate has been reached in discussions

 

although for good orders sake i would always recommend that if you do not intend to correspond further- you should confirm that in writing or advise the OC in writing that all correspondence, save for service will be filed unanswered

 

belt and braces

 

I disagree with your comments, I base my comments, on a real reality, (i.e my own experience). I regulary (in fact nearly every day) receive phone calls and letters from iQor regarding a alleged Ebay debt, I am not going to waste my time and money phoning or writing to them.

 

If they is a genuine debt then they are clearly welcome to start legal proceedings, untill then I am under no obligation to respond, I also have no desire to escalate it any further to OFT or anyone else.

 

I do not agree that OFT/Court would 'kick my ass out' due to the fact I havn't responded to their letters, I agree a judge may take a different view if a genuine Notice Before action letter had been sent but every correspondence I have seen does not qualify as a genuine Notice Before Action, they are just generic template vague threats as sent out by 99% of DCA's.

 

I am no stranger to county court action and have been 100% succesful so far and I will always reply to legal action including genuine NBA letters, but I do not believe that anyone is under any obligation to respond to the endless letters sent out by DCA's unless they want too.

 

Andy

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There are provisions in the different regs that give a course of action if you are being contacted other than in writing such as phone calls etc,if you have asked them to stop,but as DD says,you have to show that you are prepared to deal in writing to have the full protection ....as for example in the lending code.

And remember,OFT 2003 debt collection final guidance 2003 is concerned with accounts that fall within the CCA-they are not a yardstick to be called on for other issues.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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There are provisions in the different regs that give a course of action if you are being contacted other than in writing such as phone calls etc,if you have asked them to stop,but as DD says,you have to show that you are prepared to deal in writing to have the full protection ....as for example in the lending code.

And remember,OFT 2003 debt collection final guidance 2003 is concerned with accounts that fall within the CCA-they are not a yardstick to be called on for other issues.

 

True..although my specific experience is regarding an alleged Ebay debt nothing to do witha CCA and we don't know what the original poster was refering to.

 

Bear in mind most letters from DCA's rarely spell out any specif details, they normally just say 'you owe us £xx' with no explanation why and sometimes they dont even mention the original creditor.

 

Andy

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just to clear matters up andy, the thrust of my comments were on the basis that i read "between the lines" of the original post- (rightly or wrongly) that the poster was looking for some sort of "shield" to make his creditors go away, and that teh reference to sellers was a smokescreen

 

My comments were for the benefit of caggers who might have read the post and thought that all they have to do is get a truecall, throw letters unopened in the bin and put a note on the door and hey presto- no more worries

 

it's never a good idea to use the telephone hence my advice- especially with multiple debts or nuisance DCA's to invest in a truecall or smilar device- avenue one closed off

 

there is in my opinion no need for anyone to be afraid of a doorstep caller- 99% of them are harmless folk (usually part time) and they do not barge past people or intimidate or threaten them- and once encountered the feear of such calls dissapears compeltely.

 

however i do understand that people are nervous of such callers and dont want neighbours/family or other halves to know what is going on therefore my advice is that if that avenue is also going to be cut off then it is ESSENTIAL that communications are kept open in writing- with copies of everything kept filed

 

naturally whether one feels it necessary to respond to a written communication depends on the nature of the correspondence- but the advice still remains

 

you CANNOT cut off all three avenues of communication and then expect anyone to take seriously any complaint to official bodies and it WILL harm your defence in court if the OC (or DCA) can show that you have refused to enter into any dialogue

 

indeed there is a REQUIREMENT for both parties to a dispute to attempt to negotiate a settlement before going to court and there could be costs implications for those who refuse to do so.

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The trouble is that it often appears to make no difference whether you reply to DCA's anyway, some just continue to hound you even if you have contacted them with endless (daily) phonecalls and frequent letters, whilst I personally don't mind written communication, I fail to see the need for phonecalls or even doorstep visits, they (in my opinion) are only designed to harrass the debtor (maybe due to the fact that many out there are unaware of the differences between a Bailiff and a powerless DCA) and I'm sure there are many people who 'slip up' and say or agree to something they never would of by letter.

 

I think DCA's should act in the same vein as solicitors who very rarely would deal with issues by phone or personal visits, its kept proffessional and in writing.

 

Anyway back to the original post.........a simple No Cold Callers should suffice.

 

Andy

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yes our view begin to merge

 

just to say that for the sake of a stamp- and good order- a letter to a dca stating that further correspondence of a circular nature will be filed unanswered - is both sufficient and (IMO) desireable

 

if the debt is passed to othre DCA's simply print the same letter off and amend the addressee- its belt and braces work and keeps a lid on things

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