Doorstep visits by Scotcall - Please Help

[simmsy77]

Hi Guys

 

Any advice / help would be very much appreciated.

 

A few weeks ago i returned home to find a hand posted brown envelope from a field representative from Scotcall asking me to phone him urgently on a mobile number.

 

I have also had numerous phonecalls from Scotcall to my work mobile number which are becoming more frequent.

 

As i didn't know what the debt was for or who for i ignored them.

 

Tonight i was at work but my wife returned home from the weekly shop to be approached by a man from Scotcall asking for me,

she explained that i wasn't in and didn't know when i'd be back.

He once again left the same card and left.

 

Am i right in thinking they are not allowed to do this,

for one it was dark and my wife wasn't best pleasede to be approached by a big balding man wearing a high-vis jacket in an obvious attempt to look official.

 

This time he had written the debt details on the card, its showing as £806.11 on a TOPMAN storecard which i had years ago (for my sins).

 

This is an old debt that i stopped paying a few years back as with interest the debt just wasn't coming down.

 

For example i think the original debt was for about £300, i paid £20 per month for over 2 years and a few years later the debt is now over £800.

 

I appreciate that i stopped making payments but how i see it i've probably already paid back the original debt amount,

its just the interest and lack of payments has now ramped up to a stupid amount.

 

Where do i go from here ?

 

Any help would be very much appreciated,

[unclebulgaria67]

How old is this Topman account and rougly how long ago did you stop repaying ?

 

I would suggest that you check your credit record to see what is showing. If it is on there, I would suggest making a request in writing to Scotcall for an up to date statement of account, showing all payments made to the account. Perhaps tell them that you seem to remember having confirmation that the account had been paid, so are not sure why they are chasing. Ask for a breakdown of all interest/charges added to the account.

 

When you write to Scotcall, tell them that you require all communications in writing, as you are considering taking this matter to the FOS.

[BRIGADIER2JCS]

Hi Guys

 

Any advice / help would be very much appreciated.

 

A few weeks ago i returned home to find a hand posted brown envelope from a field representative from Scotcall asking me to phone him urgently on a mobile number. I have also had numerous phonecalls from Scotcall to my work mobile number which are becoming more frequent. As i didn't know what the debt was for or who for i ignored them.

Tonight i was at work but my wife returned home from the weekly shop to be approached by a man from Scotcall asking for me, she explained that i wasn't in and didn't know when i'd be back. He once again left the same card and left. Am i right in thinking they are not allowed to do this, for one it was dark and my wife wasn't best pleasede to be approached by a big balding man wearing a high-vis jacket in an obvious attempt to look official.

 

This time he had written the debt details on the card, its showing as £806.11 on a TOPMAN storecard which i had years ago (for my sins). This is an old debt that i stopped paying a few years back as with interest the debt just wasn't coming down. For example i think the original debt was for about £300, i paid £20 per month for over 2 years and a few years later the debt is now over £800.

I appreciate that i stopped making payments but how i see it i've probably already paid back the original debt amount, its just the interest and lack of payments has now ramped up to a stupid amount.

 

Where do i go from here ? Any help would be very much appreciated,

 

Hi Welcome to CAG,

 

Doorstep collections are unfortunately allowable, was the card handed to your wife without it being in an envelope?

 

Have Scotcall put anything in writting officially regarding the alleged debt?#How long ago did you stop paying the account.

 

Please do not send any letters yet, just check your credit files asap and come back here.

 

If this person comes back you you can just tell him to leave and that all communicatio is to be in writting.

 

Copy this and hand it to him if he calls again.

 

Take note we do NOT discuss any business matter at the door, no further visits to this address are acceptable and all communication must be in writting no telephone calls, e-mails or sms text messages are to be sent to any of the numbers you have on file.

[simmsy77]

i think the account must be between 5 and 7 years old and i know i havn't made a payment for at least 2-3 years, there is a chance i still owe on this account but my guess is the majority of the balance due is late payment charges and interest after all the original credit limit was only £300.

 

I am thinking of sending them the letter telling them not to turn up at my house as its against OFT Guidelines and will and include your advice above. Shall i ask them to prove that they have the legal right to chase this debt ? (request a cca)

 

thanks very much for your reply

[BRIGADIER2JCS]

The Oft Guidance is that basically a DCA should respect the wishes of the debtor as to when, where and how they are contacted send the letter to their compliance manager.

[simmsy77]

Hi Welcome to CAG,

 

Doorstep collections are unfortunately allowable, was the card handed to your wife without it being in an envelope?

 

Have Scotcall put anything in writting officially regarding the alleged debt?#How long ago did you stop paying the account.

 

Please do not send any letters yet, just check your credit files asap and come back here.

 

If this person comes back you you can just tell him to leave and that all communicatio is to be in writting.

 

Copy this and hand it to him if he calls again.

 

Take note we do NOT discuss any business matter at the door, no further visits to this address are acceptable and all communication must be in writting no telephone calls, e-mails or sms text messages are to be sent to any of the numbers you have on file.

 

Thankyou for your quick reply, the card handed to my wife was in a brown envelope. I havn't made any payments for approx 2-3 years. They've been trying to phone me for ages but because it was a voice recording and i didn't know what it was regarding i ignored the them. How do i go about checking my credit files ?

What is the worst scenario here, could they take me to court ?

[Sidewinder]

Thankyou for your quick reply, the card handed to my wife was in a brown envelope. I havn't made any payments for approx 2-3 years. They've been trying to phone me for ages but because it was a voice recording and i didn't know what it was regarding i ignored the them. How do i go about checking my credit files ?

What is the worst scenario here, could they take me to court ?

 

They could, but first things first. Check your credit file to see what is showing and who actually OWNS the debt - has it been purchased, if so by whom and who are Snotcall acting for?

 

Then you can look at requests for information - CCA request, statement of account and if necessary a SAR to get full details of what has been added as unlawful penalty charges. Was there any PPI on the card perhaps?

 

To check your credit files you can go to the Experian website (or the other agencies) and pay £2 or you can access information on Noddle for free.

 

Don't worry - you are a long way from any court action at this stage, even if they own the debt, and they could do little without complying with lawful requests, so gather information and then act accordingly. You will get plenty of help at every stage, but first and foremost, get the doorstep caller note suggested by Brig printed to get this clown to stay away.

Edited October 22, 2012 by Sidewinder
Amended details in last para

[simmsy77]

They could, but first things first. Check your credit file to see what is showing and who actually OWNS the debt - has it been purchased, if so by whom and who are Snotcall acting for?

 

Then you can look at requests for information - CCA request, statement of account and if necessary a SAR to get full details of what has been added as unlawful penalty charges. Was there any PPI on the card perhaps?

 

To check your credit files you can go to the Experian website (or the other agencies) and pay £2 or you can access information on Noddle for free.

 

Don't worry - you are a long way from any court action at this stage, even if they own the debt, and they could do little without complying with lawful requests, so gather information and then act accordingly. You will get plenty of help at every stage, but first and foremost, get the doorstep caller note suggested by Brig printed to get this clown to stay away.

 

Thats great, i will take your advice which is very much appreciated.

In the meantime is it best to print the doorstop caller note that Brig posted to give it to him in person when he next calls or should i send via recorded delivery to their offices ? (Some advice that i've seen says never to make contact with them). That will make us feel alot better, its a horrible feeling knowing that this clown could turn up any minute on any day

[simmsy77]

ok i've looked on Noddle and account was originally opened in February 2004,

the last payment made was in December 2010.

 

Payment history only goes back until 2006 though.

 

Like i thought the majority of this debt must be interest as i havn't used the store card in at least 5-6 years,

the report shows i made over £180 in payments in 2009 alone,

and i'd be very suprised if i ever made more than £250 total in purchases.

 

I remember going into the store to buy shoes originally and being persuaded to take a store card when i had the money to pay for them outright.....

..what an idiot but you learn from your mistakes.

 

To be honest there is noway i can afford the £806 they want and out of principle i dont want to pay that much for a pair of shoes and a few shirts,

especially when i've probably already paid the original amount 2 times over

[Sidewinder]

Standard storecard stuff - draw you in then hit you with high interest and charges to then add further interest.

 

Advice not to contact them is generally good until they come up with something worth responding to. In your case, you have checked and the account does not seem to be Statute Barred - does it give details of who owns the account now? Only the original creditor, or the new owner if the account has been sold on, would be able to enforce any debt through a court. The next step after establishing ownership would certainly be to look at the paperwork, so as stated above a request for information may be in order, backed up by a formal CCA request (there MAY be an argument on unenforceability if they cannot produce an agreement), then a SAR for full details of charges applied plus the interest on those, if necessary. At the end of all that you may be in a position to offer a Full and Final amount to settle at a rate you agree that you owe.

 

Definitely wait for now until you get more details from the DCA.

 

Oh - and if you do write - always head the letter with 'I do not acknowledge any debt to you or any company that you claim to represent' and do not sign with your normal signature - print in capitals or sign and then put a line through it - it is not unknown for an agreement to surface with your signature lifted from a letter!

[simmsy77]

Standard storecard stuff - draw you in then hit you with high interest and charges to then add further interest.

 

Advice not to contact them is generally good until they come up with something worth responding to. In your case, you have checked and the account does not seem to be Statute Barred - does it give details of who owns the account now? Only the original creditor, or the new owner if the account has been sold on, would be able to enforce any debt through a court. The next step after establishing ownership would certainly be to look at the paperwork, so as stated above a request for information may be in order, backed up by a formal CCA request (there MAY be an argument on unenforceability if they cannot produce an agreement), then a SAR for full details of charges applied plus the interest on those, if necessary. At the end of all that you may be in a position to offer a Full and Final amount to settle at a rate you agree that you owe.

 

Definitely wait for now until you get more details from the DCA.

 

Oh - and if you do write - always head the letter with 'I do not acknowledge any debt to you or any company that you claim to represent' and do not sign with your normal signature - print in capitals or sign and then put a line through it - it is not unknown for an agreement to surface with your signature lifted from a letter!

 

ok thanks sidewinder...firstly i am going to write to Scotcall requesting that all future correspondence is via post taking on board your advice above. The original creditor is listed on my credit report as Santander Group (TopMan) but has no mention of Scotcall so i will then follow up with another letter to Scotcall requesting more information on who owns the debt etc before deciding my next step.

My only concern is that Scotcall havn't given me any indication of a reference number or account number to quote when i make contact so hopefully my name and address will be enough info to start with.

[dx100uk]

the owner will be listed against the debt on the cra file.

 

sar satans bank ASAP

 

and get reclaiming

 

dx

[simmsy77]

the owner will be listed against the debt on the cra file.

 

sar satans bank ASAP

 

and get reclaiming

 

dx

 

thanks DX, just a quick question.

 

I've looked at my Credit Report on Noddle and the Lender against the debt is listed as Santander Cards UK (Top Man) and not Scotcall who not mentioned anywhere.

 

Does that mean that the debt hasn't been sold onto Scotcall, so if i write for information such as CCA etc should i be sending this to Santander rather than Scotcall ?

[BRIGADIER2JCS]

That's good, do as DX said and get a SAR off to Satans Bank they still own the debt.

There is a £10 fee to py Satans have 40 days to reply, use the template from the Cag library address it to The data controller alo a CCA request to scottcall £1 fee payable the have 12+2 working days to reply, again template in the library, address to the compliance manager.

[simmsy77]

Hi Guys

 

After recently receiving 'Home Visits' by ScotCall regarding an old Topman card (via Santander) i sent them a letter requesting future correspondance to be in writing and that a 'Doorstop Visit' was not welcome (i sent letter from CAG Library)

 

ScotCall have very kindly written back to me this morning stating:

 

"The case you have referred to is not applicable to your circumstances, as part of the credit agreement that you entered into, you agreed to pay the full balance and where necessary, the creditor could recover debt by outsourcing the debt to a third party, which included by way of doorstep collection"

 

"Therefore the license that you state has been revoked and is irrelevent, we are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies"

 

Please Help - I am posting a CCA Request to them this morning, but just wanted to check where i stand with regards to doorstep visits, if i request all contact to be in writing and that i don't want a doorstep visit don't they have to agree to this under OFT Guidance etc ?

 

Any help would be very much appreciated

 

Thanks

[PGH7447]

this is their new response - ignore it - if and a big if they show up, tell them to remove themselves from your premises, and if they refuse call the police

[intend]

Agree - ignore - they have no rights full stop. As PGH states unlikely to call but if they do it will be some poor unfortunate on commission only. If they do call - and you are confident - answer door taking a photo of them whilst on the phone to police and if you can photo car reg for evidence. turn the tables and put the frighteners on them.

[labrat]

not just scotcall i have had the same responce off BCW group

 

replied stating that any agreement entered into could not overwrite my friends legal rights

 

they gave in and passed it to a third agency

[BRIGADIER2JCS]

The answer is simple, you are NOT obliged in anyway to discuss your personal finance with a stranger (weirdo) who turns up at your door, ''INVITE'' the to leave.!!!

Scottcall are as usual talking nonsense, I have looked through an archive of paper work/agreements for many types of credit facilities and can find No reference to doorstep collection as part of the Ts & Cs. of standard accounts.

 

The only reference is found in the Provident style loan collected by an agent.

[lookinforinfo]

This is a part of the OFT's advice on Debt Collection-http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

Debt collection visits

3.12 Those visiting debtors must not act in a threatening manner or be unclear about the purpose of the visit.

3.13 Examples of unfair or improper practices are:

a. not making clear the purpose and intended outcome of any proposed visit

For example, it is not sufficient to inform the debtor that collectors or field agents will visit him and not tell him the intended purpose of the visit.

b. visiting a debtor at a time when it is understood or suspected that he is, or may be, particularly vulnerable53

For example, when a doctor’s certificate has been provided stating that the debtor is ill.

c. not leaving the debtor's property when it becomes apparent that he is unduly distressed or otherwise is, or appears as if he may be, particularly vulnerable54

 

g. not giving adequate notice to the debtor of the time and date of a visit

 

You could write to Scotcall and ask if they feel that their T&Cs outweigh both the Law and the OFT's advice on Debt Collection. Let them know that their response will be sent to the OFT should

they not call off any intended visits or should they fail to respond that will be treated as if they will continue with doorstep visits.

[BRIGADIER2JCS]

Scottcall have no Ts & Cs of their own and rely solely on the inherited ones from the original agreement, if the specific action is not specfied I think they would have difficulty in arguing that the are allowed in law to visit an alleged debtors home.

[cerberusalert]

As I explained to one of these chancers that appeared at my daughter's door, every action has a reaction & I calmly and politely invited him to leave under his own fruition otherwise he would be assisted using the minimal force necessary to ensure he did. Obviously I alerted him to the fact that the gate was in fact closed & as it wasn't an automatically opening one there would be a distinct possibility that he would acquire a few splinters during his departure. The growling cross Alsatian at my side underlined my request.

[ashmk]

You could always write back to alert them that your 4 doberman guard dogs roam free on your land and any attempt at a visit is entirely at their own risk.

[simmsy77]

thanks for the replies, its very much appreciated and has helped put my mind at rest. i will keep you updated

[Bandit127]

You dispute my ability to revoke your license to attend my property under the credit agreement you allege that I entered in to.

 

I would therefore be grateful if you would forward a copy of the same for my inspection fortwith.

 

You will also be aware of the guidance for Debt Collection issued by the Office of Fair Trading 2011. I am disappointed that I have to point out Section 3.3(k). An obligation that your compliance with is a requirement of your license and you will be fully aware of.

 

You will not contact me by any other means than in writing.

I would be sorely tempted to send something like this.