What2donext / UE Diary

[Deepie]

Re: What2donext / UE Diary

Good afternoon all just received the above from M&S money will send - Harresment & Threat of Doorstep-Visit letter - first thing monday thanks

Well done

[what2donext]

Re: What2donext / UE Diary

Well done

Cheers In2deep it makes a change not having to be an ignorant b*stard just when i was getting quite used to it

[what2donext]

Re: What2donext / UE Diary

Barclaycard Credit Card (Mr)
Date Commenced - 23.7.99
Approx. Balance - £4166
Last Full Payment paid - 8.6.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
22/07/11 CCA receivedlooks like just terms and conditions will email to Niddy to look at thank you
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
02/08/11 Received letter what looks as though they are quoting terms saying they don't class the account as being in dispute and for the purposes of the FOS to consider this as their final response
02/09/11 Recieved genral arrears letter
16/09/11 Received letter from Mercers stating- IMPORTANT-YOU SHOULD READ THIS CAREFULLY - Despite a recent letter from Barclaycard you are still behind with payments etc
26/09/11 Received another letter from Mercers stating - We are dealing with your account on behalf of Barclaycard etc etc, Please note,if you do not contact us, we will be instructing a local debt collector to visit you at the above adress to obtain payment of your debt .
27/09/11 Harrasment & Threat of Doorstep - Visit letter sent to Mercers
06/09/11 Received letter stating- Thank you for taking time to contact us regarding the level of service received from Barclaycard. We are very sorry to learn of your dissatisfaction,your correspondence is being dealt with by this office and we aim to resolve matters by 26 October 2011 etc etc.

18/10/11 Received letter from Barclaycard in response to our Harrasment & Threat of Doorstep Visit letter titled -FINAL RESPONSE I write further to your complaint and respond in my capacity as a Customer Relationship Manager. You have outlined in your complaint that you are unhappy with the level of telephone contact and that everything should be made in writing.You have also stated that you are unhappy regarding visitst to your property.You confirm you confirm that you believe such action would leave Barclaycard in breach of the OFT therefore you revoke permision for such a visit etc. Firstly please accept my apologies for any inconvenience that may have been caused by this matter.
If I may explain,your Barclaycard account has become overdue for repayment therefore under these circumstamces Barclaycard needs to contact you to discuss your current situation and potential repayment arrangements .Barclaycard is primarily a telephone based company and as such will attempt to contact customers by telephone as we believe this is the quickest way to resolve any issues.I must confirm that Barclaycard reserves the right to instruct appointed third parties to contact customers on their behalf which also may include home visits. I have duly noted your comments,however I must advise that i do not agree that Barclaycard will breach any legislative guidelines by conducting a home visit etc etc.

Good afternoon everyone received the above rather long response from Barclaycard today basically saying they can telephone or visit our home if they want, is there another letter we respond with thanks.

[what2donext]

Re: What2donext / UE Diary

HSBC Credit Card (Mr)
Date Commenced - 09/10/99 . Balance - £3140
Last Full Payment paid - 8.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
02/08/11 CCA received
02/08/11 CCA sent to Niddy
03/08/11 Niddy says
04/08/11 sent letter CCA Query - Missing Prescribed Terms by recorded delivery
16/08/11 Letter received stating "Failure to respond will seriously affect your credit rating,Please be aware of other possible consequences if you do not resume payments,If you continue to fail to respond to our attemps to contact you we will serve you with a default Notice, Continued non
payment may result in your account being passed to a debt collection agency,or legal action being taken to recover the debt etc etc .

25/08/11 Received letter in response to letter sent 4/08 /11 with another copy of signed agreement
16/09/11 Received letter stating-"We are very concerned etc this is your last chance before we issue a Defult Notice etc"
01/10/11 Received another letter stating unless immediate action is taken we will issue you with a Notice of Default if you do not take appropriate action we will terminate our credit card agreement and demand immediate full repayment etc etc.
17/10/11 Received Default Notice

We will just file this and see what they send next thanks.

[BBoo]

Re: What2donext / UE Diary

If you wanted to be downright awkward I'm sure you could compose a letter containing the following which I believe might make them eat their words!


THE WAYS IN WHICH TRESPASS MAY OCCUR

1. Entering upon land
Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) 3 Lev 37.


Deliberate entry is required and lack of knowledge as to trespass will not be a defence (Conway v George Wimpey & Co [1951] 2 KB 266, 273).

If a licensee exceeds their licence, or remains on the land after it has expired or been revoked, the licensee becomes a trespasser (Wood v Leadbitter (1845) 13 M&W 838; Hillen v ICI (Alkali) Ltd [1936] AC 65).

[what2donext]

Re: What2donext / UE Diary

If you wanted to be downright awkward I'm sure you could compose a letter containing the following which I believe might make them eat their words!


THE WAYS IN WHICH TRESPASS MAY OCCUR

1. Entering upon land
Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) 3 Lev 37.


Deliberate entry is required and lack of knowledge as to trespass will not be a defence (Conway v George Wimpey & Co [1951] 2 KB 266, 273).

If a licensee exceeds their licence, or remains on the land after it has expired or been revoked, the licensee becomes a trespasser (Wood v Leadbitter (1845) 13 M&W 838; Hillen v ICI (Alkali) Ltd [1936] AC 65).

Cheers BBoo i have to be honest it has really p*ssed me off with the tone of their letter and was thinking about composing a response so the above is extremely useful

[oldyboy]

Re: What2donext / UE Diary

Cheers BBoo i have to be honest it has really p*ssed me off with the tone of their letter and was thinking about composing a response so the above is extremely useful

BC seem to be having to push the boundaries as they're probably losing money hand over fist by not having enforceable agreements! I've CCA'd them and so far have only, after over two weeks, received an acknowledgement. They must have loads of clerks scurrying down to archives to deal with it all!

Personally I wouldn't respond. I have a Panasonic cordless system that allows me to bar calls and if someone did come to the door I'd tell them to go away and not come back, with a phone in my hand. If they didn't leave I'd dial 999 straight away in front of them.

[diddlydee]

Re: What2donext / UE Diary

Hi What2donext.

What you have received is a pretty standard reply from Barclays; I too have had this letter and they do seem to think they are above the law!

I can only offer you my own experiences to guide you. Firstly, the phone calls for me HAVE stopped, no matter what they say in their letter. We do have pre-existing templates to cover which can be followed through and have, for me and many others, worked.

Secondly, whilst I did have a doorstep visit, I quickly responded to this with a follow up template, again, this exists on the system. Once again, this has worked an no other visitors have called from them since.

Whilst I don't disagree in theory with what Bboo has said, he has a wealth of knowledge at his fingertips, the tried and tested methods of existing templates has worked for many of us and I would be reluctant to deviate from these at this stage.

Only my opinion, of course, but we do try to keep things simple which makes it so much easier for the next person who drops by to offer help which is streamlined.

Regards,

diddly x

[BBoo]

Re: What2donext / UE Diary

Folks - most of the above was intended as tongue in cheek - please do not take it too seriously!

Apologies for any confusion!

Naughty BBoo!

[diddlydee]

Re: What2donext / UE Diary

I'll put you over my knee young man!!!

We'll keep to the tried and tested methods for now then, shall we and I'll remove your post, Bboo, as I wouldn't want anyone copying that template thinking it was a bona fide response..............

diddly xxx

[what2donext]

Re: What2donext / UE Diary

Thanks everyone for your input nice idea BBoo but as Diddly says best keeping it simple,we are not receiving phone calls as such as we have a Truecall machine it does log the time date & number which we print off every month so we have a record of who calls even though we never speak to them it was mainly the Doorstep visit that we wanted to try and avoid we have doorstep camera which can record any unwanted callers we would be grateful if anyone could post which is the follow up letter and if anyone knows if it is ok to record any visitor without telling them we are doing so ?

[garlok]

Re: What2donext / UE Diary

If you are on your own property, photograph and record all you like. Once the template letter has been sent then the implied licence under English Common Law for people to come to your property has been revoked. END OF. Only people genuinely seeking directions and the postman delivering Her Majesty's mail have a fundamental right to come on to your property. Barclays do NOT fall into either category. If they do come then they have committed the Tort of Trespass for which you are entitled to financial redress. That is not easy to get, however if they come a second time then they will have committed aggravated trespass. Telphone the police and tell that you have someone at the door demanding money with menaces both of these are criminal offences.

Barclays have always considered themselves above the law of this land but are beginning to find out (they are so stupid it is taking a long time to sink in) that ordinary folk are getting to know their rights and are exercising those rights. What they have said in that letter is frankly garbage, against all of the OFT guidleines, threatens to wilfully break the criminal law of the land (or incite others to do so on their behalf) and foolishly assumes you will fall for their drivel to boot.

We have had numerous threats from them and their cohorts and never once so far in a total of four years have they dared to arrive.

Garlok

[diddlydee]

Re: What2donext / UE Diary

Should they ignore your letter and send a rep (they often leave a calling card!) then you can follow up with this template

Templates - Harassment

[what2donext]

Re: What2donext / UE Diary

If you are on your own property, photograph and record all you like. Once the template letter has been sent then the implied licence under English Common Law for people to come to your property has been revoked. END OF. Only people genuinely seeking directions and the postman delivering Her Majesty's mail have a fundamental right to come on to your property. Barclays do NOT fall into either category. If they do come then they have committed the Tort of Trespass for which you are entitled to financial redress. That is not easy to get, however if they come a second time then they will have committed aggravated trespass. Telphone the police and tell that you have someone at the door demanding money with menaces both of these are criminal offences.

Barclays have always considered themselves above the law of this land but are beginning to find out (they are so stupid it is taking a long time to sink in) that ordinary folk are getting to know their rights and are exercising those rights. What they have said in that letter is frankly garbage, against all of the OFT guidleines, threatens to wilfully break the criminal law of the land (or incite others to do so on their behalf) and foolishly assumes you will fall for their drivel to boot.

We have had numerous threats from them and their cohorts and never once so far in a total of four years have they dared to arrive.

Garlok

Thanks Garlok i think we will just sit back and not respond to what they have said because as you say they have had the template letter and we have proof of that and if they do turn up they will be recorded and told politely to leave our property well as polite as i can be and if they refuse to leave or get threatening then we will have evidence of this to use against them.It just got to me this morning them thinking they are above the law when the majority of people obey the law of this land as we should

[what2donext]

Re: What2donext / UE Diary

Should they ignore your letter and send a rep (they often leave a calling card!) then you can follow up with this template

Templates - Harassment

Cheers Diddly will keep this in mind if they do call and respond accordingly with the follow up letter