Power2Contact

[ScabHunter]

Re: Power2Contact

Well done! You have taken that vital first step. Now, you are on the front foot moving forward, while they are in retreat. It will get easier from this point on.

There are many possible ways forward from here. You can look at the hardship route, or tackling them on the mishandling of the situation as described in Salt 'n' Vinegar's magnificent post above, as well as the UE route.

You write extremely well and are obviously highly intelligent, so you will be too fearsome an opponent for most of these characters, illness or no illness. Do keep us informed of what you decide to do.

All the best,
SH

[Alex]

Re: Power2Contact

I had numerous conversations over the telephone to Barclaycard (which they state before talking to you) that they are recorded, and made it perfectly clear about my mental issues and physical health problems that led me to being in debt. I also sent them letters for their records stating what I had told them ( I did not send them by recorded delivery) I also got no reply acknowledging the said letters. But none the less this did not stop them from making it as difficult as possible to renegotiate the payback agreement.

Just to make it clear, the telephone calls were so bad that I was in tears over the phone, and I remember saying "please help me I'm scared and I can not see a way out". "I feel like I cannot breath why will you not help me, I'm at the end".

After speaking to them and the debt spiralling out of my hands, I basically and foolishly hid from them and their calls. At that point my mental health suffered even more, I had a lot to deal with and cope with even now. But I do feel some what lifted by making the first step to sorting this issue out, with thanks and my heart to all on this site.

Today at 09:00hrs I sent that letter to Karen Hillyer by recorded delivery 1st class. I will keep you posted on the reply if I get one. I would welcome any more advice from the mental health side/disabled side. I did find out on the Government website, that my benefits are solely for me to live and are not given to me to pay debts off of any kind.

Thank you all

[SaltnVinegar]

Re: Power2Contact

Thanks mate - will need to add it....

Cheers

I've added tags so will come back for the template next time I do site updates - still working on another of the sites for now...

Thanks

No problem, let me know if you'd like some help putting them together.

[SaltnVinegar]

Re: Power2Contact

My severe chronic depression slowly started not long after my accident at work, that along with the chronic nerve pain was difficult but with the debt spiralling out of control its not helped matters. Barclaycard are aware of my mental state and I have told them that I have GP s letters and Therapy/Mental health letters to prove it.

Hi Alex

This is actually quite significant. How did you make Barclaycard aware of this fact and do you have evidence that they know? (e.g. did you send letters recorded delivery? Have you got any correspondence from BC acknowledging your health issues?).

Creditors are meant to follow very specific procedures once they have been made aware that a debtor could be in a vulnerable condition.

Theres people on the forum who know about this in more detail than I do who can assist on the specifics, however making threats of doorstep visits to a debtor when its been established they have potential mental health issues such as depression is a real no-no.

We'll keep this one in the bag for now as its a potential game changer to put BC back into touch to demonstrate their conduct has been completely unreasonable.

Best
SnV

[ScabHunter]

Re: Power2Contact

Yes, I've read through that letter and it is good to go. It looks like you've used the same font I always use to digitally “sign” letters to DCAs and associated vermin.

In summary, the most important points are -

1) Doorstep “agents” are employees of commercial organisations and are NOT part of any legal, governmental or authoritative network. It is YOUR choice whether or not you answer the door to them, it is YOUR choice whether or not you engage them in dialogue (not recommended beyond possibly telling them to leave), and YOUR choice whether or not you admit them to your home (definitely not recommended).

2) This is an important one -

It is far cheaper to threaten a doorstep visit than it is to actually make one.

The percentage of threats which are actually carried out is small, simply because fuel and employee time cost money. DCAs only care about one thing – money. They have no respect for the law because it is almost never enforced, they have no respect for the OFT Guidance for the same reason, and they certainly have no respect for the people they attempt to exploit.

What they do respect is their own balance sheet, so if you can make them believe that they will get no return on their expenditure, they are far less likely to try. That letter will be enough to convince them unless they are total idiots (which, to be honest, some of them are).

Whatever happens, you are in control of the situation and the only right they have is the right to dissipate their own resources by wasting fuel and employee time.

SH

[MrsD]

Re: Power2Contact

Looks fine, try not to worry, I have had a visit from p2p and he pissed off quickly when I opened the door holding back the dog(who would have licked him to death), he was down the drive faster that you could say go. Barclaycard have since sold on that debt, the visit was about two years ago, so not worth getting in a stew about, really!

[Alex]

Re: Power2Contact

Dear members,

Ok might seem paranoid but I want you guys to check make sure everything is right so I have attached the final letter. With the "Digitally Signing" I over typed my name using a fancy word text, is that correct? Actually Adobe auto signed it for me and chose a nice font.

I'll keep you posted, again thank you for all your support.

[Never-In-Doubt]

Re: Power2Contact

Ok thank you I will send the above Monday morning

Ok, keep us updated

[Alex]

Re: Power2Contact

Ok thank you I will send the above Monday morning

[Never-In-Doubt]

Re: Power2Contact

Send this below...

Dear Sirs,

Account number: xxxxxxxx

I am writing to you regards you letter dated xx/xx/xxxx

Let me make my position on doorstep visits clear:

1. As a ‘customer’ of yours I do not wish to receive or accept your doorstep collection service, nor do I wish to arrange an appointment with one of your representatives.

2. I will discuss this matter in writing ONLY. I will not discuss anything with a field based agent and should any of your representatives visit my property they will be asked to leave and the police will be called immediately.

I am disappointed to note that an affiliate of Barclaycard also conducts itself in a manner in breach of OFT guidelines on debt collection.

It is Barclaycards responsibility to make you fully aware of the circumstances surrounding this account, and consequently you should be aware of my payment offers to Barclaycard which are based upon my income and expenditure and calculated in the Common Financial Statement standard.

You should also be fully aware that it is a breach of OFT guidelines (3.13.f) to threaten to visit debtors without prior agreement when an account is in dispute or deadlocked. For the avoidance of doubt and clarification I refer you to the OFT's definition of a deadlocked account in Appendix A of their debt collection guidelines:

"Where we refer to discussions about debt repayment being 'deadlocked' we mean that a debtor (or the debtors representative) has acknowledged (the debtors) liability for a debt and has proposed a payment programme - but the proposed payment programme is not acceptable to the debt recovery business (or the creditor if not pursuing recovery of repayment of the debt in its own behalf )..............we do not consider it appropriate for the business to engage in any conduct intended to, and/or likely to, have the effect of intimidating the debtor into increasing his repayment offer..........................for example, following receipt of an unacceptable offer from a debtor, the debt recovery business immediately communicates to the debtor that it will be 'sending field agents to visit"

I therefore consider your letter of xx/xx/xxxx to be a direct breach of the guidance given by the OFT and any further breaches on your part will be reported to the appropriate regulatory bodies, including but not limited to the OFT, Trading Standards and the FOS.

I also now formally advise you that any such visits will be followed up to the full extent of the law; a Police complaint for any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Be advised that I will consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harassment and will consider you in breach of the Protection from Harassment Act 1997 and will consider legal proceedings accordingly.

I specifically draw your attention to the relevant parts of the Act namely:

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

In relation to the section (2) identified above I refer you to the recent court case of Harrison v Link Financial [2011] EWHC B3

Although you may claim as per Section 1.3.c of this act "that in the particular circumstances the pursuit of the course of conduct was reasonable" the OFT guidelines quoted above demonstrate that the OFT would consider threatening to visit debtor when an account is in deadlock an unfair business practice, consequently your pursuit of the course of action could not possibly be considered reasonable.

I trust that clarifies my position and that you will desist in making further such threats and refer this account back to Barclaycard to address the matter in hand, that is the acceptance of my reasonable payment offer

Regards

SIGN DIGITALLY (NOT HAND SIGN)

[Alex]

Re: Power2Contact

Thanks for very quick reply again thank you all so very much

[Never-In-Doubt]

Re: Power2Contact

No, send SnV's only, do not send the above one at this stage

[Alex]

Re: Power2Contact

Thank you all for replying back and responding with such support. My severe chronic depression slowly started not long after my accident at work, that along with the chronic nerve pain was difficult but with the debt spiralling out of control its not helped matters. Barclaycard are aware of my mental state and I have told them that I have GP s letters and Therapy/Mental health letters to prove it. I suppose the cold calculated truth is money speaks louder than paper and words, especially when you have no idea where you stand in the eyes of the law. I mean I'm not asking to be given any special circumstance or anything, just that they sympathise and helped in the first place when I pleaded with them to renegotiate the original repayment. I had asked them on several occasion to freeze the interest, they told me they would but every time they never did.

A question I wanted to ask, I had found a template (below) should I send that one and SaltnVinegars template or just SaltnVinegars one.

Dear Sir or Madam,

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 such 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 & 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.

Thank you again.

[Never-In-Doubt]

Re: Power2Contact

I've added tags so will come back for the template next time I do site updates - still working on another of the sites for now...

Thanks

[Never-In-Doubt]

Re: Power2Contact

feel free to plagiarize if you like it!

Thanks mate - will need to add it....

Cheers