Power2Contact

[Alex]

Dear members,

Ok I received a letter from Power2Contact on Friday 05.10.2012 at 1000hrs regard a Barclaycard debt, this debt happened when I became servilely injured at work which left me disabled and intern with chronic pain back in 2003. Because I did not know how or what aid I was entitled to at the time and having exhausted my savings and selling the car to pay bills and so on, I started using the credit card to live off. I had been in an arrangement with Barclaycard and stuck by that arrangement until I got to the point where my daily minimal living such as rent, food, normal house hold bills became higher than what I was receiving in benefits. So I had to contact them to renegotiate the repayments which they would not do. I had sent them on two occasions an income and outgoing sheet. To cut a long story short I started to become a recluse and slowly started to suffer from depression and now chronic depression.

The letter was received Friday 05.10.2012 at 1000hrs but the letter says I have 72hrs to reply or action will be taken (this is the first time I have had a letter from Power2Contact).

This is what the letter says;

Dear Sir/Madame,

(Account name and number/ref)

We have been instructed by our client to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT.

You have made this action necessary as you have ignored all their requests to contact them and you have failed to pay your account.

Our visits take place within the following hours:-

Monday - Friday 9am - 8pm
Saturday 9am - 12 noon

Should you wish to avoid this course of action, you must contact our instructing agent WITHIN 72 HOURS of receipt of this notice:-

(Power2Contact address + their number)

Failure to comply to this request may lead to the above action without further warning or notice.

Yours faithfully,

Karen Hillyer

I have an 18 month old baby in the house and with my disability I am worried sick, where I am now physically sick.

I have printed and will send them this letter recorded post tomorrow Saturday 06.10.2012. It has eased my mind a little to know that they have not kept their threat of a visit, is this correct? I will be calling a debt advise line regarding my finances, but I have no assets to speak of.

Also the letter states 72hrs which is 3 days.....is it common knowledge that P2C make sure to leave you with as little time as possible to reply? I mean sending a letter so it deliberately gets to you by the Friday leaving not a lot of time to do very much? Can they even count Saturday&Sunday as a legitimate working day if you go by normal business letters? because otherwise they seem to be under the understanding that they will visit on Monday.

Alex.

[ken100464]

Re: power2contact

Alex.

I think you will get a better reply to this tomorrow but like this thread says many of these threats do not happen.

Sleep on it dont worry too much and am sure much better advice will be along in the morning.

[Never-In-Doubt]

Re: power2contact

Hi

Don't worry, if these clowns call just ignore the door - they have NO powers and cannot hassle you nor can they attempt to force entry and/or break in.

Yea it's an inconvenience but seriously try not to worry - it's really not worth it, they literally cannot do anything! They'll be noticeable in bright yellow t-shirts or something so if you see them knock, just ignore the door. If they do catch you off-guard just tell them firmly, "I'm disputing this with Barclaycard - do not call again"

That ought to stop them in their tracks.

Can you start a diary and tell us about your debts then we'll be able to help stop future visits....

[Alex]

Re: power2contact

Thanks Ken for replying I am so worried about this that I am not sure if I'll sleep tonight at all for fear of them knocking in the morning.

Thanks though for replying.

[Never-In-Doubt]

Re: power2contact

Thanks Ken for replying I am so worried about this that I am not sure if I'll sleep tonight at all for fear of them knocking in the morning.

Go to sleep mate - don't worry, they cannot do anything! They may well call, but highest odds are on them not calling - the fact they've scared you like this means their poxy letter has had the desired effect.

Just chill, you've found us now so you'll be fine - just follow our lead, we'll not let the baddies wear you down...

[ken100464]

Re: power2contact

Alex.

Please dont worry too much.

Listen to the guys on here. They will guide you whatever your problems are. I am a very recent member and I cant thank them enough for the help and advice I have been given so far.

Chin up you will be well looked after I am sure of that

[ScabHunter]

Re: power2contact

Alex,

Welcome to the AAD Forum, you are in the best possible hands here.

You might want to read a post I made earlier today for someone who was thinking of offering Full and Final settlements based on doorstep visit threats.

allaboutFORUMS - View Single Post - DaveyBoys UE enquiry

SH

[Alex]

Re: power2contact

Thank you all for replying so fast, I'm in so much fear its unreal my hand is shaking but i'll try to sleep thank you.

Alex

[Never-In-Doubt]

Re: power2contact

Thank you all for replying so fast, I'm in so much fear its unreal my hand is shaking but i'll try to sleep thank you.

Alex

and chill......

they really cannot do anything, trust us.

[Alex]

Re: power2contact

If it helps the amount due on the Barclaycard is £2247.42 so you can see I got to a point where I just cut the card up. Or rather that is the balance they have told me in this letter.

Alex

[Pixie]

Re: Power2Contact

Please don't let their scare tactics work...and that's all that card is...a scare tactic.

Like many others on here I've had threats from Power2Contact that they would visit my house...they never have! Even if they did visit, and it's a very small if, there have no powers whatsoever...they cannot enter your house and they cannot take anything you own...they have NO powers!

The amount you owe them is relatively low...not to you I know...but there are lots of members on here with debts 10x that...and some with debts close to 100x that..and your story of getting into financial difficulty because of illness/injury is a very familiar one.

[SaltnVinegar]

Re: Power2Contact

Hi Alex

If you have been trying to negotiate payments with BC, and have offered a payment plan, then threatening a doorstep collection is a practice frowned upon by the OFT as its intention is very obviously intended into putting pressure on a debtor to increase their payment offer.

If you have a doctors diagnosis that you suffer from chronic depression they should also not be threatening doorstep collections.

As has been mentioned its highly unlikely that these clowns will turn up at your house. I've personally had numerous threats from them, they have never shown.

If they continue to play silly buggers then you can also look at unenforceability and start a UE diary.

Due to your circumstances though, in the short term, if you want to put Power2DoNothing into touch I'd send a letter similar to below:

START

Account number: blahblahblah <- Put your account number here

To whom it may concern,

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)

END

[Never-In-Doubt]

Re: Power2Contact

Hi

We do have a template section. Please try and stick to those links. When we have too many versions on the forums they easily get missed and go out of date.

Thanks

[Never-In-Doubt]

Re: Power2Contact

I thought SnV was referring to something more targetted for those who have been diagnosed with conditions like depression, stress, etc.

we need to check them before any get used as the wording is key.

You know me.

[The Tech Clerk]

Re: Power2Contact

Look at the date of the letter they sent and the date it arrived, many cases there is a 7-10 day period between the two, which usually means a template generated response, it is to try and freighten people to give them some money for their xmas bash!!???