Is this true? i received this reply from a DCA after me revoking all doorstep collections

[summer2012]

I write in response to your recent correspondence.

 

The case you have referred to is not applicable to your circumstances.

 

As part of the credit agreement that you signed and entered into,

you agreed to repay the full outstanding balance and that where necessary,

the creditor could recover the debt by outsourcing the debt to a third party,

which included by way of doorstep collection.

 

Therefore the license you state that has been revoked is irrelevant,

which for the avoidance of doubt we do not agree to,

is not binding on us as it does not fulfill the relevant principles of contract law.

 

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!

 

How should i reply back?

Thank you

[Bazooka Boo]

Ha ha ha ha ha ha which idiot sent that piece of garbage? Name please.

 

Ignore them, if they turn up tell them they have exactly 30 seconds to remove themselves from your property or you will have the Police do it for you, then shut the door.

 

NO DCA has ANY legal rights whatsoever this shower, whoever they are, are punching way above their weight heere, and a copy of that very foolish letter should be sent to the OFT&TS. Couldn't care less if they think it applies to them or not, common law is way above contract law so they are talking twaddle!

[summer2012]

Thanks for the quick reply and advice ...It was Scotcall!

[BRIGADIER2JCS]

You do not have any obligation to interact with any prat that turns up on your doorstep they can be told to go or be removed.

 

I would ask for written proof of the mention of doorstep collections in the original agreement.

 

Refer to OFT Guidance 2003/2011 sectio 3.3 (k) ignoring a debtors reasonable requests in respect of when, WHERE and how to contact them.

You require them to contact you only in writting and and ''visitors'' will be removed if necessary.!

[Bazooka Boo]

Ah good old Snotcall.

 

What are these clowns after?

[summer2012]

And i will forward it on to OFT

[sequenci]

Trespass is more often than not a Tort, which is a civil wrong rather than a criminal offence. That said, if the doorstep visitor breaches the peace the Police would certainly be worth a call. Like Boo says this firm really needs to get a greater understanding of the principles that underpin their contract, and your right to revoke their license wouldn't have a bearing on the credit agreement. They still have the right to communicate via other means. You might want to familiarise yourself with the OFT debt collection guidance, especially the section in realtion to doorstep visits.

 

Most contract law principles ARE derived from common law so not sure why you make that statement, Boo.

[Bazooka Boo]

Most contract law principles ARE derived from common law so not sure why you make that statement, Boo.

 

Come to think of it neither do I?? I only ever deal with common law, everything else is questionable IMO.

 

But yes trespass would be a civil wrong (Tort of trespass) I only advise ringing the Police if they fail to remove themselves from the property then you can say you believe they will commit a breach of the peace, that should get their attention...

[dx100uk]

aw god snotscrawl..

 

no wonder!!

 

typical twaddle.

 

never ever pay a dca or a doorstepper ANYTHING!!

 

dx

[rockwell304]

Ha ha ha ha ha ha which idiot sent that piece of garbage? Name please.

 

Ignore them, if they turn up tell them they have exactly 30 seconds to remove themselves from your property or you will have the Police do it for you, then shut the door.

 

NO DCA has ANY legal rights whatsoever this shower, whoever they are, are punching way above their weight heere, and a copy of that very foolish letter should be sent to the OFT&TS. Couldn't care less if they think it applies to them or not, common law is way above contract law so they are talking twaddle!

 

30 seconds Boo? extremely generous....are you feeling particularly mellow this evening?

[Old Cogger]

30 seconds Boo? extremely generous....are you feeling particularly mellow this evening?

 

 

 

No he is on way to Battery Bar.

[citizenB]

Simply ask them to provide you with a copy of the agreement/contract that gives them the right as a 3rd party to arrive at your property without permission !

[spamheed]

.

 

Dear Sir/Madam,

 

Thank you for clarifying your position on the matter of your doorstep collection.

 

Please also note also the legal status of the ownership of large dogs who may have a propensity to bite unwelcome visitors.

 

For the avoidance of any uncertainty, any employee of your company, or agent of any company you may represent, are forthwith classified as unwelcome visitors and will be introduced to my very enthusiastic Canine companions

 

I trust this removes any ambiguity and wordplay and clarifies my position, ie. on this side of the gate with a "keen" alsation

 

Yours XXXXX

[sillygirl1]

Which A Level Law book did they lift this twaddle from?

 

Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

 

I would reply

 

Therefore the statement where the licence being revoked is irrelevant, IS binding on you as when you took over this alleged debt you took on the rights and duties therein, so under the relevant principles of contract law it is both RELEVANT and BINDING.

 

I suggest you refer to a qualified solicitor or legally qualified representative to clarify the rights and duties of a creditor.

[ploddertom]

If it were me I would welcome the doorstep agent, and when he calls ask him if he enjoyed his trip. I would also advise him of a different route back as the scenery is different. Of course the fact I live in the middle of nowhere and it would certainly waste him minimum 2 hours & probably best part of 2 gallons of fuel. Otherwise I can think of a good old Anglo saxon saying.

[phaitun]

and of course common law gives you or your agent the right to use 'as much force as is neccessary in the circumstances' to remove the trespasser from your land, including if neccesssary using sticks found upon that land, but those sticks not being brought on that land by you or your agent

 

used that one once to a dca

[mizunoboy1954]

The advice you got is spot on,

 

I've just had Scumcall phone me up although my num. is private and unlisted!

 

the minute I told them that I was setting up a conference call so that I had 2 witnesses their phone went down quicker than a rabbit down a warren!!!

 

Obviously you should never speak to these people on the phone as nothing can be proven (your word against theirs)

but tell them you have witnesses listening in and they dont want to know

 

.Please people dont be scared by these idiots ,they are going on the assumption that you dont know your rights

and you would be surprised at what they CANT do ,the sad fact is that OFT and Trading Standards dont come down on them hard enough,

 

good luck to everybody fighting the good cause against these legal **** bullies!!!

[dpick]

I think the best result I had was with snotcall when they phoned me with the same drivel I then sent them a CD with a recording of that call (thank you truecall) telling them if anyone did call at my house I would play the recording in court. Very quick letter back from them to say returning the debt to OC.

 

dpick

[summer2012]

Firstly thank you soooo much for everyone's replies

 

..the debt is for £100 payday loan

 

i have paid most of it off, but late last year i had to stop work as my 19 month old daughter was in and out of alder hey hosp.

 

She has bad epilepsy, and

 

i phoned them at the time asking them to arrange a payment plan.

 

They didn't want to help at all then

 

the next thing i get is a threat o gram regarding a doorstep collection,

 

i sent them the revoke letter from this site and the rest is history.

 

I will send them another email now asking them for a copy of the agreement/contract that gives them the right as a 3rd party to arrive at my property without permission.

Thanks again

[sequenci]

Keep us posted. For the record I would be quite surprised if they did send a visitor for small amount like that. At least you know what the rules are now!

[Bazooka Boo]

I would be making a loud complaint to my local MP too, get them aware of how the other half have to live.

[Old Cogger]

Firstly thank you soooo much for everyone's replies

 

..the debt is for £100 payday loan

 

i have paid most of it off, but late last year i had to stop work as my 19 month old daughter was in and out of alder hey hosp.

 

She has bad epilepsy, and

 

i phoned them at the time asking them to arrange a payment plan.

 

They didn't want to help at all then

 

the next thing i get is a threat o gram regarding a doorstep collection,

 

i sent them the revoke letter from this site and the rest is history.

 

I will send them another email now asking them for a copy of the agreement/contract that gives them the right as a 3rd party to arrive at my property without permission.

Thanks again

 

Send them this:-

denial-access.rtf

[Bazooka Boo]

The freeman letter isn't really relevant as they won't understand it.

Use the letter template off this site removing their implied rights of access.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

[Old Cogger]

The freeman letter isn't really relevant as they won't understand it.

Use the letter template off this site removing their implied rights of access.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

That is the one I was looking for in my file (it is on old computer (no wonder))

[Bazooka Boo]

Glad you posted it because I was looking for that anyway.... Couldn't find it on TPUC...