Scotcall/Resolvecall Muppet reported

[citizenB]

Eh, was this a first tier adjudicator or an Ombudsman that contacted you ?

 

Who do you need to contact to obtain protection from this type of action by Debt Collection Companies ?

[hillards]

She just said she was the advisor who had been assigned the case and although she sympathised with my plight the FOS cannot act unless I was complaining as a customer of the company concerned.

 

I'm not happy but if that's in their 'rules' I can't go down that route. The Police will probably do nothing, even at this late stage, as I'd have to prove breach of the peace or whatever. Trading Standards sent their letter on my behalf and got a response, so I guess that's about as much as they'll do.

[nuclearshark]

I'm very angry reading all this. The behaviour here is just. I'm lost for words.

 

Did you serve the guy on the second visit with an Implied Rights of Access Removal Notice? In which case if yes, if he dares show up again then film him at the property and call the Police and have him removed for aggravated trespass.

 

As you are unfit for work and this guy caused you to enter an incapacitated state by provoking your medical condition. This would class you as Vulnerable. So aggravated trespass to a vulnerable household should not be taken lightly and Police should be attending immediately.

 

As for the actual clown at the door and considering your hospital admission. In your situation I would not only be considering selling the story to the Daily Wail but also seeking CONSIDERABLE redress from Snotcall.

 

However their argument will most likely be "You caused yourself to enter that incapacitated state and it cannot be unforseen if it was a pre existing medical condition" - this makes me even more angry.

 

Do. Not. Let. Them. Get. Away. With. This.

[hillards]

I'm very angry reading all this. The behaviour here is just. I'm lost for words.

Me too

 

Did you serve the guy on the second visit with an Implied Rights of Access Removal Notice? In which case if yes, if he dares show up again then film him at the property and call the Police and have him removed for aggravated trespass.

He wasn't there to see me, I was not the customer. On the second visit I gave him a nicely worded note, copy of it here > to the unwelcome caller (PDF) Careful use of the word 'could'

 

As you are unfit for work and this guy caused you to enter an incapacitated state by provoking your medical condition. This would class you as Vulnerable. So aggravated trespass to a vulnerable household should not be taken lightly and Police should be attending immediately.

I was half hoping a neighbour would call the Police, but no. I wasn't in a fit state to call once I got back inside. Once I settled back down I sent another email to Trading Standards and copied in the local Police neighbourhood contact, a named PCSO. I didn't hear back from them

 

As for the actual clown at the door and considering your hospital admission. In your situation I would not only be considering selling the story to the Daily Wail but also seeking CONSIDERABLE redress from Snotcall.

But following complaints procedures first. Although I've run out of those options now.

 

However their argument will most likely be "You caused yourself to enter that incapacitated state and it cannot be unforseen if it was a pre existing medical condition" - this makes me even more angry.

I was clearly distressed, wearing pyjamas and dressing gown, wheezing... Can't see how I caused myself anything though ?

 

Do. Not. Let. Them. Get. Away. With. This.

I don't want to, but stuck for ideas at this moment in time. Starting legal action would be my word against his, no witnesses. I can't afford to even start a case, courts cost money. The only plus point I have is that he returned for a second visit after clearing being told to 'go away' the first time.

[nuclearshark]

He wasn't there to see me, I was not the customer. On the second visit I gave him a nicely worded note, copy of it here > to the unwelcome caller (PDF) Careful use of the word 'could'

 

Nice! I like your style there. Nice domain too by the way. I've rewritten your document which you should send to Snotcalls head office. Sign it as The Legal Occupier with some squiggly circles as a wet signature. This is a legally binding revoke of their implied rights to visit your address. As such any further attempts by them become immediately a matter of trespass. I believe I am right in saying this turns a civil matter into a criminal matter. (Happy to be corrected so don't quote me on this)

 

>

>

 

Dear Sirs,

 

On > one of your agents attended my property looking for a person of the Female Gender. The last time I looked between my legs I had male genitalia so I was, of course, not the person whom your agent wanted to speak.

 

The person writing this is a long standing member of the Consumer Action Group and knows who Scotcall are. Vermin are not welcome on this property. For the record, I take Debt Collection Agencies and Doorstep Collections Agents to be defined as "Vermin"

 

There is a clear notice on the door saying ‘no cold callers – no appointment, don’t bother knocking’ (issued by S Yorks Police). This applies to ANYONE who attends my property without making an appointment beforehand. You are informed that you are NOT exempt from this.

 

The person at this address is registered disabled with a lung condition which becomes exacerbated in cold air. They are also classed as vulnerable. To be blunt I am not in the ducking mood, or medically fit, to stand at the door arguing the toss with your doorstep agents who can't define someone from the Male and Female Genders... What did they teach your colleagues in school eh?

 

I do not care who or what you are asking for, you have NO RIGHTS AT ALL TO CONTINUE BEING AT THIS PROPERTY! Last time your agent called you left the gate open, a dog came in the garden and fouled the path. That dog had more rights than you.

 

Your visits have been reported to South Yorkshire Police and Doncaster Trading Standards. I have also referenced East Ayrshire Trading Standards as I am aware of your connection to Mackenzie Hall.

 

As such I require that you immediately cease any future visits to the address at the top of this letter indefinitely.

 

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.

 

Should you decide to ignore this notice and continue visits then you need to be aware that these visits WILL be logged, recorded on video and any vehicle registration details recorded. This information will be passed onto any appropriate body I see fit.

 

Any further visit will be treated as aggravated trespass and the police will be notified, unless you prefer I take a hammer to your agents car windscreen? I am on a lot of medication which significantly affects my mental capacity and should I feel threatened I may turn violent for reasons of self defense I also may not turn violent and simply fall on the floor wailing nonsense about seeing clowns... (See what I did there?) ;-)

 

I trust as such you will never return again to my property! As you have not taken my complaints in a satisfactory manner, I suggest you re-evaluate your position or I will be sending details of the whole affair to the Tabloid Newspapers without further notice and allow them to expose your frankly disgraceful behaviour as a matter of Public Interest.

 

With all this said, I trust we are in absolutely no doubt that we well and truly understand each other.

 

I look forward to your responses to my complaints. For the final record, any auto-correct errors were intentional and not mistakes.

 

Warm Regards,

 

Your worst nightmare in the making...

 

This leaves them in no uncertain terms as to what your position in the matter is. If you decide you want to stick to just the standard IROA removal then the letter is here: http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit-**Update-21st-April-2014**

 

As you are not a customer then you will need to tweak it accordingly. But the letter I wrote above was based on your original PDF you gave to the clown at the door. So please take it as Errors & Omissions Excluded.

 

I was clearly distressed, wearing pyjamas and dressing gown, wheezing... Can't see how I caused myself anything though ?

 

You didn't, that's what I was getting at. But that will be their [snotcalls] argument.

"Your medical condition was known to you and therefore your subsequent hospital admission cannot be seen as caused by us"

 

or something like that they will come back with. Sorry if my comment implied you were at fault. That was not how it was meant to come across at all! I sometimes don't word things too well which is part of my own disabilities

 

I don't want to, but stuck for ideas at this moment in time. Starting legal action would be my word against his, no witnesses. I can't afford to even start a case, courts cost money. The only plus point I have is that he returned for a second visit after clearing being told to 'go away' the first time.

 

Well lets see how things continue. Other more knowledgeable people might have better ideas. However if all else fails and legal action is not possible due to financial issues, then giving the story to The Sun Investigations or The Daily Wail is always an option... Maybe BBC Panorama / Channel 4 Dispatches too?

[ericsbrother]

If you are on benefits then you get remission of court fees anyway. It would be unlikely that any costs order would be made against you even if you do lose as you have already shown yourself to be broke!

[rameses_qc]

Could I just interject? A pre existing medical condition. There is a legal premise called "eggshell skull theory" That means that you take your victim as you find him, so if a pre existing medical condition (even if they didn't know about it) is made worse, then they are STILL liable for the consequences. This applies whether a fit person would have been so affected or not.

[brassnecked]

This would apply imho, even though OP was not the intended victim of Snotcall, it would apply on steroids imho as the Snotcall drone harassed the wrong person, as in third party.