Power2Contact

[Phoenix]

Re: Power2Contact

Hi Alex,

Just wanted to reinforce what the others have said.

I know it is a scary situation, especially as you are not feeling strong. Please follow Niddy and the other's advice - if you do answer the door explain that you are dealing with Barclaycard and you have the matter in hand. If it helps, print off a copy of the "doorstep visit" template and shove it under their nose.

If you do decide to confron them, rather than not answer the door, just try to think of all us supporting you in this - it should make you feel slightly less alone.

Best of luck. xxx

[vint1954]

Re: Power2Contact

listen to all above Alex follow Niddy to the letter and you will be more han fine ...Honest xxxxx

Alex,

Most of us have a basket full of these letters from P2C. Their only aim is to scare you. Don't let them. As Niddy says, just Chill.

[nanna58]

Re: Power2Contact

listen to all above Alex follow Niddy to the letter and you will be more han fine ...Honest xxxxx

[SaltnVinegar]

Re: Power2Contact

This is the link to the harrassment/doorstep threat template ---> Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

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

Yes its for a specific scenario - where a debtor has tried to come to a payment arrangement which has been rejected, and then the creditor threatens doorstep collection visits.

Its a 'practice' that is really frowned upon by the OFT, especially where there is a likelyhood of intimidation/harassment.

In the OP's case they have sent I/E twice and, if suffering from depression, the likelyhood of stress is significantly more.

In this situation OFT664 is a really useful tool, and I have used this type of breach myself to secure compensation from both Amex and BOS.

Best
SnV

[SaltnVinegar]

Re: Power2Contact

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

You know me.

You've asked me previously if you can use the above in the templates section. I thought you already had

The letter quotes from the latest revision of the OFT guidelines so feel free to plagiarize if you like it!

[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!!???

[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.

[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

[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

[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.

[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

[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

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

[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

[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