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  • #46
    Re: Sadtear UE Diary

    Hi sadtear,

    They have just committed the Tort of Trespass and if they come again it will become an offence of aggravated trespass and the police can be called to remove them from your property hopefully they will get lippy and get arrested to boot.

    Hvae a look throught the template letters I think there is a Final warning letter in there but wait for Niddy's response first. On NO account contact them as that can be interpreted as giving them permission to visit.

    regards
    Garlok

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    • #47
      Re: Sadtear UE Diary

      Thanks, I live in a flat no idea how they got into the block, they've achieved what they wanted, scared and intimidated me.

      Comment


      • #48
        Re: Sadtear UE Diary

        Originally posted by garlok View Post
        On NO account contact them as that can be interpreted as giving them permission to visit
        I panicked and called the number on the card, I warned him if he came round I would call the police, the guy said they can't do anything as he has a legal right to deliver post, ie a card.

        Comment


        • #49
          Re: Sadtear UE Diary

          Originally posted by Sadtear View Post
          OMG! Just had a doorstep visit from P2C, never answered the door, the guy was very intimididating, kept banging on the letter box, left a card for me to contact him, wtf!
          Send them this >Additional Harassment Letter to Lender / DCA
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #50
            Re: Sadtear UE Diary

            No he does not have a right to deliver a card at all ONLY the postman delivering mail via Her Majesty's Mail (Royal Mail) has a right to do that. You have with your letter removed the implied license under English LAW for them to visit your property. The only other people entitled under the law are those genuinely seeking directions and NO-ONE else.

            Please stop panicking, we all know how distressing this can be, and do not make any further telephone calls. These people are trained to entrap you, they have NO RIGHTS whatsoever. Their only weapon against you is your own fear as to what they MIGHT do against you which is NOTHING if you stick to your guns. They are trained to lie and decieve you, yes professionally trained to lie and decieve that is their business. You are here and will receive the best help and support that is available up to and including referrals to our own professional legal advisors should that become necessary. But it is yourself that has to get into the mindset to see these animals off. They have NO RIGHTS AT ALL. They cannot act alone legally and to threaten to do so calls into question their fitness to hold a credit licence and I believe that you should now make a complaint to the Office of Fair Trading about their conduct. The OFT won't deal with it individually but each and every complaint adds a black mark to their name and at a certain point the OFT move and restrict their activities or revoke their licence. Then it is they who are out of work.

            regards
            Garlok
            Last edited by garlok; 31 August 2011, 09:55.

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            • #51
              Re: Sadtear UE Diary

              Hi in2
              Originally posted by in 2 deep View Post
              I looked at that letter, wasn't sure if that was the correct letter to send as it refers to telephone calls and CCA, I've raised the CCA issue with Halifax (Niddy is aware of the letters)

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              • #52
                Re: Sadtear UE Diary

                Originally posted by garlok View Post
                Please stop panicking, we all know how distressing this can be, and do not make any further telephone calls.
                OK garlok, I've calmed down now, can't believe they actually visited my home, they replied to my initial doorstep letter (sent to niddy) by stating:

                Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R case is irrelevant as only a court can grant refusal of access.

                They go on to say, "visits must give adequate notice of the time and date of visit" so, turning up today means they've failed to comply with.

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                • #53
                  Re: Sadtear UE Diary

                  Originally posted by Sadtear View Post
                  OMG! Just had a doorstep visit from P2C, never answered the door, the guy was very intimididating, kept banging on the letter box, left a card for me to contact him, wtf!
                  Say what? Can you PM me the details - if you want I will ring them and read them the riot act for you (as though I am you) and threaten them with the appropriate legals......
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #54
                    Re: Sadtear UE Diary

                    Originally posted by Sadtear View Post
                    Thanks, I live in a flat no idea how they got into the block, they've achieved what they wanted, scared and intimidated me.
                    No, they've just broken the law and also breached OFT guidelines on debt collection, plus they have broken Protection from Harassment Act (1997).... wankers make me mad.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #55
                      Re: Sadtear UE Diary

                      Like I said sadtear, trained to lie and deceve you. They will try to twist anything and everything to their own advantage. The implied license under English Law to visit and its revocation by you preferably in writing is Common Law issue and the "Armstrong" case is only part of the story. The Tort of Trespass has been committed for which you are entitled to financial redresss technically. If they do it again it is a criminal act. Just so long as you stick to your guns and do not be trapped into anything which could be interpreted to being an invitiation to visit.

                      regards
                      Garlok

                      Comment


                      • #56
                        Re: Sadtear UE Diary

                        Originally posted by Sadtear View Post
                        OK garlok, I've calmed down now, can't believe they actually visited my home, they replied to my initial doorstep letter (sent to niddy) by stating:

                        Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R case is irrelevant as only a court can grant refusal of access.

                        They go on to say, "visits must give adequate notice of the time and date of visit" so, turning up today means they've failed to comply with.
                        They all say this, however we refer to Armstrong only by way of the fact that we can consider obtaining such an order, thus we quote it in case law.

                        Muppets can't even read -
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #57
                          Re: Sadtear UE Diary

                          Thanks Niddy you posted as I was typing but these B*****DS need taking down a peg or two.

                          regards
                          Garlok

                          Comment


                          • #58
                            Re: Sadtear UE Diary

                            Originally posted by garlok View Post
                            Thanks Niddy you posted as I was typing but these B*****DS need taking down a peg or two.

                            regards
                            Garlok
                            They've been on my radar after visiting Phoenix - I soooo want their blood and will get it, watch this space!
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #59
                              Re: Sadtear UE Diary

                              Did he have on the black stuff that makes him look vaguely policelike? I think that may be something else that must be illegal, impersonating a policeman?

                              Comment


                              • #60
                                Re: Sadtear UE Diary

                                Originally posted by Never-In-Doubt View Post
                                Can you PM me the details
                                I've email you nids from my hotmail a/c

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