Notice for a doorstep collector - comment invited

[dashforcash]

It will not fit on a postcard but what do you guys think? So they knock on the door, say who they are and you hand them this in scilence, shut the door and watch them whilst holding the telephone to your ear.

 

It is a long text and I imagine that with the IQ of the person that has a job like this a time limit of one hour may be considered more acceptable as they may wish to read and digest the contents before going.

 

I also wanted to put in a bit about that as they had no valid reason to remain they should not stay around the gate sit in car outside house etc etc but grey matter becoming worn out so any suggestions welcomed for phrasing that aspect.

 

Hope to hear back with your comments.

 

Dash

 

 

YOU ARE REQUESTED TO LEAVE MY PROPERTY IMMEDIATELY -THE POLICE WILL BE CALLED IF YOU FAIL TO COMPLY.

Date: ……………………………. Time letter handed to caller: ………………….

 

I have advised the company on whose behalf you are calling that I will only communicate with them in writing. Please bear in mind that if consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question as will their fitness to hold a consumer credit licence

 

Under OFT rules, you can only visit me at my home if you make a prior appointment and no appointment has been made. 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 have previously advised the your company (or the company you represent) by way of recorded delivery letter that I have revoked license under Common Law for them, or their representatives to visit me at my property and that if they do so, they will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

If you have not left within one minute I will telephone Colchester Police Station and request that an officer is sent in attendance. As you have no further reason to remain

 

You will be aware that The OFT has issued guidance for debt collectors on how to deal fairly with debtors. It is aimed at all consumer credit licence holders and applicants, and applies to collection of debt once an account is in default, and in respect of Debt collection visits advises;

 

2.11 Those visiting debtors must not act in an unclear or threatening manner.

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

 

e. not leaving a property when asked to

 

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed

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

h visiting debtors, unless requested, at inappropriate locations such as work or hospital

 

Yours faithfully,

DASH

Essex Police 0300 333 4444 (24 Hours) PC HART 07966 196767

[odds]

Could be a bit of a problem for you there.

You are assuming that they can actually read, never mind understand it all

 

Pete

[dashforcash]

What got me with the one yesterday was his assumed superiority.

 

I will first have to ask if they can read, then hand the letter to them! If they cannot read I will need to have an audio version available.

[42man]

Send them this by recorded delivery....

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, 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 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.). 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[scarborosmoggy]

42Man, it already appears they've sent the company this letter, I'm currently having the same problem with welcome still turning up after I sent the same letter as you posted.

[42man]

It might be worth sending a letter before action...and having a word with your local copper.....

[Werner M]

.....IQOR-WIMP turns up,( had letter about 3 months before regarding a Doorstep collection) ...... Wimp turns up out of the blue......told him to come back when he finds a valid ,proper CCA and then told him as I virtually shoved him(I mean:escorted him)off my property that it's statute barred and he has no right to be here and if he ever comes back I will call the police or personally eject him.....he got in his car very quickly and told me " I'll be back" in half Hour.....and I said "make my Day you Punk"..... Werner M. THATS THE WAY TO DEAL WITH LOWLIFE.....

Edited September 12, 2008 by Werner M

[42man]

Dash you may have also seen this on the OFT's website....

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed1

g. not giving adequate notice of the time and date of a visit2

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

[dashforcash]

Have now sent all my creditors the letter about visits.

 

My aim with the notice I created is that it requires no verbal communication other than "Hang on a minute." Also it includes the OFT guidlines and the licence to visit property stuff. I like the bit I created about which reads:

 

Please bear in mind that if consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question as will their fitness to hold a consumer credit licence

 

It is up to you whether you return with a large carving knife because you were about to make a snack.

 

Get where I am coming from? It is just a defence I will also take their photo I think so I can create dcamugshots.com

 

Dash

[Misterzeus]

 

It is up to you whether you return with a large carving knife because you were about to make a snack.

 

Dash

 

 

Way to go Dash!

 

Have you had a chat with your wife now? Presumably you have, if Debt collectors are knocking.

 

I truly hope you have for both your sakes.

 

Regards, Mrs Z

[dashforcash]

Sorry Mrs Z but not yet. She was out thank god! She is recovering from

major surgery and I am sure that this would be a tin lid moment. I am having a job interview today and also another in a couple of weeks time, so I am hoping that she need not discover this just yet. My payoff is not great but will give me a little breathing space. I do feel better knowing that I have advised all of my unsecured creditors of the situation and I now open all the letters every day because I know what to expect. That feels quite liberating even though I know I have a long and nasty road ahead of me.

 

By the way do you think the letter is a good idea? Would like to think I have given something back to the group whose support and encouragement makes a real differnce to me.

 

Dash x

[babybear39]

It's a great letter but as everyone else says, it assumes they can read lol...

 

Sending best wishes for a speedy reovering for your wife...

[dashforcash]

Do you think it is worth adding it to the template section? If so how do I go about it?

 

I have still not managed to get the full judgement of Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.

I am in London today and will try Foyles but wonder if they will carry reports back to 1959.

Any body have any ideas or perhaps know a solicitor who has subscribed to a law reports database?

Remember, speak softly and carry a carving knife.

Dash

[zazen.warrior]

I had one call on me once, I had a letter ready but instead of fetching it I just said very calmly 'If you don't leave right now I'm calling the police' then I shut the door; he left at the speed of an olympic athelete.

[Misterzeus]

Your letter is brilliant Dash, but as babybear says – if they can read

 

Fair enough, your wife needs to recover from her major surgery, talking with her can be postponed until she has recovered.

 

Please do seriously think about talking with her, can you imagine what she would think/go through if she were to open a (what I call) a Creditor Nasty (letter)?

 

Also, I can only reiterate what I have said before – It is an awfully big burden to carry alone. Your wife and you are a partnership, you really should be sharing everything – good or bad.

 

Good luck with your job interview, hope it goes well for you.

 

Regards, Mrs Z

[babybear39]

Yes, good luck in your interviews

[MONX]

Good luck,

 

Hope this is a period of recovery for both of you!

 

[Misterzeus]

Hi Dash,

 

hope your interview went well yesterday, let us know how it went won't you?

 

Regards, Mrs Z

[ODC]

Dash

 

Assume they are as stupid as the DCA that sent them to your door. Cut out the big words in your card and simplify it for the Cretins

 

 

Just write this in Crayon

 

F*CK OFF

[dashforcash]

Who can tell on the job int. Lasted over 2 hours and seemed good but I have had this before and then not been appointed. We will see.

 

Found a bit more on Armstrong et al but does not give much away:

 

Cookie Absent

[valfa]

It might interest some of you to know that councils are trying to stop doorstep callers,

 

I signed up for a pilot scheme run by my local council,long story short I have a sticker in my front window advising that a law is being broken if the person at the door has not made a prior appointment.There are signs on lamp posts entering and exiting the streets saying it is a NO COLD CALLING ZONE and offenders will be prosecuted.

 

If anyone calls at my door uninvited by any company including charities I am supposed to ask for their name and company they represent and then tell them about the NO COLD CALLING ZONE,then I shut the door and if its in council working hours I telephone a certain number.If its out of hours I have to telephone the police and tell them where I live and that I am ringing about the pilot scheme.I then have to pass on the details given by said caller andf the council/police prosecute.

 

This is really working in my area its just a shame its just a few streets.(for now)

 

Ive had soo much fun in telling people at the door and showing them the sticker on the window,they leave my path sooooo fast.

 

If you are concerned about ANY cold callers phone or write to your council and ask then about the pilot schemes that are around the country and see if you can get one started in your street.

[dashforcash]

Off to check my council website now!

[valfa]

Good luck and if you telephone them tell them to phone Bury Council and ask for details if they do not know about the schemes currently running

[dashforcash]

I suppose you all know about:

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing “;alarm, distress or humiliation, because of their frequency or publicity or manner”. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

[fiftypence]

Dash

 

Assume they are as stupid as the DCA that sent them to your door. Cut out the big words in your card and simplify it for the Cretins

 

 

Just write this in Crayon

 

F*CK OFF

 

How about following it up with a bucket of water? And your defence would be 'I was just washing my car M'lud and he got in the way'