An interesting rebuttal to the "no visits" letter

[disgruntled2007]

So has anything actually changed then? You send them the don't bother knocking letter, they turn up anyway, they either go away or don't in which case you report trespassers to the police who make them go away... All they've done is wasted eveyone's time and possibly caused a scene... I'm not convinced they will still come a'knocking once in receipt of the doorstep letter...

[brokebutnotbeatn]

"Only such an order can come from a judge and not from an individual". Oh my...you have GOT to be kidding! Probably find it's a guest who's got wind of who can see an I&E and confused it with doorstep collection. Would love to have been a fly on the wall when that wording idea popped up in the weekly team meeting!!!!!

[BRIGADIER2JCS]

Writing their own laws i toy town now!!

[DonkeyB]

"The Armstrong v Sheppard (1959) case you quoted is dependant on each individual circumstance and only such order to refuse access can come from a Court and not from the individual".

 

The point of case law is that it can apply widely, and sets out a precedent for a point of law and how it is interpreted. You don’t need to test it every time – that’s why it’s case law.

 

Er, and yes, court orders can only come from courts. A ‘No sh*t Sherlock’ award for that one.

 

But an individual can refuse the right of entry to his or her property. Doesn’t need an order from a court.

 

You’re right Brigadier, Noddy made this one up!

 

I note they have not added any legal source for their assertions. Moreover, I would suggest therefore they are not representing the true legal position, which falls foul of CPUTR and the OFT debt collection guidelines. Complaints anybody?

[Bazooka Boo]

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

[BRIGADIER2JCS]

Will MR.Plod on hand to assist Noddy on the door step.

[cerberusalert]

Probably written by a pseudo para-legal with qualifications from Neverland.

[king123]

Probably written by a pseudo para-legal with qualifications from Neverland.

 

To give them some credit, which I rarely do with DCAs, they did answer quickly and in coherent English. I just think their arguments are [EDIT]Posted here as a headsup/discussion point; not of personal concern me, I agreed a fiver per month standing order so they shouldn't have any business here and will be sent packing if they turn up.

[citizenB]

Sorry I was on the site researching a more pressing issue (new to me DCA popped up re another debt), didn't know there were folks waiting for the gossip!

 

Bolding is mine for emphasis:

"[CSL] offers a door step collection service whereby field agents visit a property to discuss repayment of an outstanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits in subsection 2.12 of Office of Fair Tradings' [sic] guidelines doorstep visits must give adequate notice of the time and date of visit. The Armstrong v Sheppard (1959) case you quoted is dependant on each individual circumstance and only such order[sic] to refuse access can come from a Court and not from the individual".

 

I've not read the case but that sounds like total [EDIT] to me, as from what I can tell the judgement was that the postman has an implicit licence from the householder.

 

Sadly, there will be some people out there who actually believe this rubbish

[king123]

Not sure why there's been an [edit] as the word I used has been proved in court not to be indecent (Nottingham Magistrates 24/11/77). It is in fact a fine old Anglo Saxon word

 

[Light hearted observation. You run your site as you see fit! ]

[BRIGADIER2JCS]

AND IT'S IN THE OED:lol:

[cerberusalert]

(Nottingham Magistrates 24/11/77). It is in fact a fine old Anglo Saxon word

Trouble is a Magistrates Court decision does not create a legal precedent, only a High Court can do that.

[Bazooka Boo]

Oh B:censored: !!!

[disgruntled2007]

If you google 2.12 of office of fair trading, you will find a few quotes on Mr Lewis' website that exactly match the letter posted by the OP, all from a couple of years ago...... It's obviously not a new tactic...

[blueboy6970]

Point 2.12 also states:

 

Examples of unfair practices are:

e. not leaving a property when asked to

 

By sending a letter saying they are not welcome surely infers that you are asking them to leave prior to them coming!