Power to Contact Visits

[thechippy]

Re: Power to Contact Visits

Thanks guys,

...I got into helping people with this stuff years ago when I saw how a couple of mates who got into trouble were treated. I've tried to learn and help people against the lending institutions and dca scum ever since.

I only started to have issues a short time ago and it really gets home the idiots you're dealing with and what others go through. None of my issues are due to being either stupid or overspending - just changes in circumstance, ripped off in a business etc.

Some things just make my blood boil...

1. Judges siding with lenders when they know bloody well they should be deeming the account u/e
2. Prats like p2c ignoring the letters
3. Capquest - sending out sd's all over the place. They had their knuckles wrapped for this already, still do it and what is done about it?
4.Lenders thinking they can do what they want and they are above the law? FFS, they had the best legal minds available and unlimited funds to make sure all agreements complied with the cca 1974, but just could not be bothered! Why? - because the regulating authorities are completely without balls and do feck all about it.
5. Lenders asking for payments which they know BLOODY WELL you can't afford.

Sorry for ranting about this on your forum Nids, but I've really got a bee up my arse with these idiots.

All advice is noted, but I'm not letting this rest with p2c...

[thechippy]

Re: Power to Contact Visits

The doorstep letter worked in my case, I was receiving a barrage of letters and yellow cards for a debt I was already repaying! Not sure whether they actually came while I was at work and that's when they left the yellow cards but after sending the doorstep letter I never ever heard from the tossers again!

Most things don't work in 100% of cases, however, if they work in the majority of cases they still have some merit IMHO.

Agreed, but they've got my back up now and they've chosen the wrong person by a country mile....

[thechippy]

Re: Power to Contact Visits

....

My biggest bug bear is Lloyds - the most inept brain debt (dead) morons this side of politicians.....

[CleverClogs (RIP)]

Re: Power to Contact Visits

Might a sign declaring "Trespassers will be pissed upon" be a lawful/effective deterrent?

[SaltnVinegar]

Re: Power to Contact Visits

Hi Chippy

As frustrating and annoying as this is they are actually digging themselves a hole here by ignoring your offer of payment and then sending doorstep collectors to hound you.

If they chose to pursue the court route you will be able to demonstrate that they have not been reasonable and subjected you to harrassment.

Try the letter below and amend to suit your circumstances.

Best
SnV

Dear Power2DoNothing

FORMAL COMPLAINT

I am writing to you regards your recent conduct in relation to the above account. In the last xx months I have received the following communication from you:

xx number of phone calls

xx letters demanding payment in full of £xxx

xx letters threatening home visits by Power2Contact

xx number of actual visits from Power2Contact to my home

I have previously written to you on the following dates (xxxxxx) informing you of my financial position and providing you with a common financial statement and payment proposal which is the maximum I can afford.

You have chosen to completely disregard my common financial statement, refused to even acknowledge my offer of payment, but instead have conducted a campaign of harrassment.

Can you please confirm in writing why, in light of the information provided to you in my financial statement, that you have ignored my payment proposal and continue to demand payment in full.

Regarding 'personal visits' 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.

The recently updated OFT guidelines on debt collection also make it clear that to threaten to visit debtors without prior agreement when an account is in dispute or deadlocked would be considered an unfair business practice.

For the avoidance of doubt I refer you to the OFT's definition of a deadlocked account in these recently updated 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 repayment programme - but the proposed repayment programme is not acceptable to the debt recovery business (or the creditor if not pursuing recovery of the debt on its own behalf.

While businesses should not be required to accept any offer, we would expect them to give serious consideration to accepting any reasonable offer. Under circumstances in which a business rejects a repayment offer because it considers it to be unacceptable, 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 payment 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'. Many debtors would view such a communication as threatening"

In consideration of the following:

1) I have made a payment proposal to you, which you have ignored, only to continue demanding payment in full and threatening and conducting doorstep visits

2) Despite receving xx letters from me on xx/xx/xxxx clearly stating that I would not deal with field representatives you have called at my home on xx occasions on xx/xx/xxxx

I therefore consider your actions to be a direct breach of the guidance given by the OFT and harrassment.

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 further visits to my home 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 also consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harrassment and will consider you in breach of the Protection from Harrassment Act 1997 and will start 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 hope that the above action will not be necessary and would like to resolve this situation in an amicable fashion. To this aim I enclose again for your attention a copy of the CFS you have been sent on previous occasions, and again repeat that I would be happy to pay £xx.xx/month towards this account, a sum which is the maximum I can reasonably afford.

On acceptance of my proposal please provide bank details so that I can set up a standing order to commence payments.

I trust that you will find this payment proposal acceptable and await your response.

Regards
Chippy

[CleverClogs (RIP)]

Re: Power to Contact Visits

On the other hand, if the idiots continue their harassment, Chippy could sue the buggers for damages that may exceed his debts.

[thechippy]

Re: Power to Contact Visits

Thanks guys.

Ta for that SNV, some interesting bits in there. I may have to do some cherry picking over the weekend.

.......

[CleverClogs (RIP)]

Re: Power to Contact Visits

Did you have any more trouble from Power To Constipate?

[pompeyfaith]

Re: Power to Contact Visits

Did you have any more trouble from Power To Constipate?

You sure they have the power to even do that

[Never-In-Doubt]

Re: Power to Contact Visits

You sure they have the power to even do that

[CleverClogs (RIP)]

Re: Power to Contact Visits

Did you have any more trouble from Power To Constipate?

You sure they have the power to even do that

They seem to have the ability to constipate themselves, as they're reckoned to be full of shit.

[thechippy]

Re: Power to Contact Visits

Did you have any more trouble from Power To Constipate?

Nah,

I sent them a letter which very strongly inferred I was raging about the whole thing and anyone coming along for another try would be leaving horizontally......