The joys of Halifax (Eversheds)

[basmic]

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Edited October 23, 2009 by basmic

[rippedoffagain]

No No and No again.

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only 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 and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

I therefore revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

[basmic]

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Edited October 23, 2009 by basmic

[I've got no money]

Bailiffs - don't have a general right of access - the basic advice to anybody facing bailiff action is to keep the doors locked and windows closed (a bailiff can enter through an unlocked door or open window) and not to sign everything.

 

The only Bailiffs, in non commercial situations, who have a right of entry are:-

1. County Court Bailiffs acting under an Order from a Judge giving them an express power of entry

2. County Court Bailiffs acting under a warrant for possession

3. Private Bailiffs acting where a walking possession agreement has been entered into or where (it never happens) the bailiffs have already entered and left a man in "close possession".

[I've got no money]

To answer basmic's question directly debt collectors have no rights of entry at all

[rippedoffagain]

I'll make sure to send what you quoted me, when they do send me a letter.

 

I hope I'm not sounding sarcastic, but would you be able to clarify your answers please?

 

Not at all. As said, debt collectors may not enter your property uninvited. The part in quotes above is the body of a letter, add your name address etc and your account details, and send it to them.

[ODC]

A doorstep collector from a DCA is not a Baliff and has absolutely NO LEGAL POWERS whatsoever

[basmic]

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Edited October 23, 2009 by basmic

[rippedoffagain]

If they are going to get heavy with you, then make them prove the debt, send them a CCA request with a £1 postal order. The chances of HBOS producing an enforceable agreement are slim from what I can tell.

[basmic]

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Edited October 23, 2009 by basmic

[basmic]

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Edited October 23, 2009 by basmic

[Fred Bassett]

I just found this on Google: Legal Issues Explained - Certificate of Satisfaction

 

I still can't work out what is going on. Did you have a CCJ? It looks as if it may be good news for you but then ...

 

Best wait for someone who's experienced this to explain.

 

Regards.

 

Fred