Credit Solutions Ltd for Barclaycard Doorstep Visit

[emmie42]

So I received a letter saying I was going to have a doorstep visit so I sent them the following email:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, 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 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.

 

Then, today, I receive a letter from them stating:

 

"In relation to your comments surrounding our letter advising the possibility of a doorstep visit, you are not correct in your assertion that, under OFT rules, we can only call at your home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.

 

In law, a creditor is in a different position to a postman or a member of the public asking directions. When you opened this account, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid."

Can someone please help me out here? Are they correct?

 

Thanks

[unclebulgaria67]

The OFT debt collection guidelines on methods of communications are only guidelines and there is nothing to stop them sending someone to visit you. But they are only enquiry agents and do not have any powers. You don't have to be in or answer the door. If you ignore them, then I doubt they would bother again.

 

You have to weigh up whether it is worth getting worked up about any visit, when you can simply ignore them.

[renegadeimp]

They can come unannounced but if you tell them not to and they ignore you, then you can issue full complaints and call the police to have them removed. The reply they sent you puts them in breach of the guidance and their credit licence.

[mr_mastiff]

The one that came to my house did not have any identification. So I rang the police who questioned him for some time. Plus I then went to the local trading standards and informed them that a member of such and such company had

without identification tried to gain entry to my home. It later turned out that he was the agent for a number of D.C.A,s who did not feel the need to give him an identity card. They have no power over entry to your home so my advice is keep complaining

[BRIGADIER2JCS]

These oiks are self employed commission earners, never discuss even the time of day with them, DO NOT answer any 'security questions' and order them to leave.

They have no powers to question you or enter your home ID or no ID.

[lookinforinfo]

The OFT leaflet on Debt Collection http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf states that

 

2 OVERARCHING PRINCIPLES OF FAIR BUSINESS PRACTICE

2 .2 In general terms, businesses should treat debtors fairly, debtors should not be subjected to aggressive practices, inappropriate coercion, or conduct which

is deceitful, oppressive, unfair or improper, whether unlawful or not

 

further

3 Communication

3.3 k ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

 

You stated that you WOULD communicate with them, albeit only in writing, so you have not reneged on any implied agreement.

 

They were very selective in selecting their reason why it was ok to visit- "because the debt was not reasonably disputed or deadlocked" but omitted the previous reason posed by the OFT that they

must leave when asked to. You are asking them not to visit to avoid them wasting their time by being asked to leave when they arrive.

 

Creditors do not have any more rights than the postman to call at your home unless they have a Court order. And they must leave when asked without such an Order.

 

You could write to them using the OFT examples and also stating that you have passed their letter on to your local Trading Standards office for their comments on the way Credit Solutions have handled

your situation. It calls their fitness to hold a Consumer Credit Licence as already said by Renegadeimp.

 

As an addendum, Emmie we may be able to help you deal with Barclaycard if you can post your problem with them on the appropriate section.

[Ros1609]

If they do send someone either ignore them or tell them to go away. You don't have to talk to them. This of course is if they bother to send someone at all

[mr_mastiff]

I agree Brigadier, you are so much better than I when it comes to getting your point across clearly.

[BRIGADIER2JCS]

I agree Brigadier, you are so much better than I when it comes to getting your point across clearly.

 

It's easy to confuse those just coming to CAG, they may get the wrong idea and end up in trouble is all!