moorcroft

[nemesis45]

Re: moorcroft

Happy to help!!
Good luck!!

[Garlok]

Re: moorcroft

I note that no-one has quoted the full position as regards debt collectors calling and the English Common Law. I can quote from qualified legal advice letters from the solicitors we instructed if necessary. The license for any one to call at your home is merely "IMPLIED". This can be revoked in writing at any time and was always part of our correspondence. The only people allowed to call at your home unannounced and without express permission (written) are those delivering post for Her Majesty's Mail and a traveler requesting directions. The debt collector is a Common Law trespasser (civil offence) and if he/she arrives a second time having being told to leave it becomes an aggravated trespass which is criminal. You are within your rights to tell them to leave immediately without any other communication.

You are allowed to hose them down with a garden hose on standard mains pressure on your property but the use of a pressure washer is considered assault. They are a public health hazard anyway.

Therefore always keep everything in writing, never phone never talk to anyone. It is even politic to keep all envelopes that correspondence arrives in marked up with the date it actually fell through your letter box stapled to the relevant letter.

regards

[kaz1975]

Re: moorcroft

Very helpful..massive thank you.

[Kati]

Re: moorcroft

I note that no-one has quoted the full position as regards debt collectors calling and the English Common Law. I can quote from qualified legal advice letters from the solicitors we instructed if necessary. The license for any one to call at your home is merely "IMPLIED". This can be revoked in writing at any time and was always part of our correspondence. The only people allowed to call at your home unannounced and without express permission (written) are those delivering post for Her Majesty's Mail and a traveler requesting directions. The debt collector is a Common Law trespasser (civil offence) and if he/she arrives a second time having being told to leave it becomes an aggravated trespass which is criminal. You are within your rights to tell them to leave immediately without any other communication.

You are allowed to hose them down with a garden hose on standard mains pressure on your property but the use of a pressure washer is considered assault. They are a public health hazard anyway.

Is this what is commonly known as FMOTL stuff/NOROIRA ? - does it actually work? (forgive the ignorance ... I'm a relative newbie myself)

Therefore always keep everything in writing, never phone never talk to anyone. It is even politic to keep all envelopes that correspondence arrives in marked up with the date it actually fell through your letter box stapled to the relevant letter.

This bit however I can certainly agree with! - I keep written records of everything that comes into my house (easy to refer back to );,

[kaz1975]

Re: moorcroft

I can only try..these ppl ruined my weekend..friday the 13th he said he will return on calling card..be interesting to see if he does after i sent letter.

[nemesis45]

Re: moorcroft

The nonsense posted by Garlock is without merit and to suggest " hosing down" a vistor would amount to common assault.
The " Freeman/Freemen on/of The Land has been discredited not only in the UK but Internationally most recently by a Judge in Canada
the judgement had far reaching effect world wide.
Dangerous nonsense.

nem

[Garlok]

Re: moorcroft

Well I will reply to you particularly nemesis. I am not in any way involved with the Freeman on the Land stuff at all. The Common Law of the UK is absolutely clear. If I may quote from a letter prepared for us to hand to anyone knocking the door by one of the leading law firms practising in Consumer Law signed by a Solicitor Advocate able to plead in the Court of Appeal:-

" Our client has instructed us to inform you that they have revoked the implied license under English Common Law for people to be able to visit their property without express permission"

Does anyone here wish to challenge that with the senior partner of that law firm (now one of the largest in the North West). I am more than happy to to inform the partner handling our cases that an amateur wishes to challenge their PROFESSIONAL advice which we sought and bought and paid for? I have the very letter in front of me as we speak under reference JC/SA/51852.001. Perhaps the comment about the hose was a bit tongue in cheek but was mentioned as described in the discussions should the relevant party NOT leave the premises immediately when requested to do so. The police will not respond to an initial invasion but do respond to second aggravated trespass. The threat of solicitors action in the courts for an injunction also often brings the desired result.

Properly worded correspondence in this vein to the DCAs concerned has prevented any further invasion of the home property in our case. The letter does proceed further for another 3 paragraphs which includes threats of action under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Protection from Harassment Act 1997.

So perhaps the detractors/deniers would like to produce their evidence to the contrary and then we can sort out the Common Law.

Finally nemesis your earlier comments about "urban myths" and F & Fs are untrue. We are living proof of what has been said about third party cheques etc. You have failed to understand the implications of Contract Law in all this and third parties plus the findings of the Court of Appeal. It is NO LONGER a matter of simple Consumer Law as you imply. Ours was all dealt with via the solicitors concerned without ANY prior correspondence to the alleged creditor who failed to read the legal letter. Yes there was one chase but it failed when the over riding over arching CoA case law was applied. And the cost in total was under £250

Oh and by the way for relevance Moorcroft were just one 16 DCAs and solicitors practices we dealt with.

regards

[nemesis45]

Re: moorcroft

Oh really!

I'm aware of this being tried to exclude bailiff and HCEO visits and it fails.
To encourage the public at large to " Hose Down" visitors just demonstrates
the perverse advice given.

Final response.

[Amethyst]

Re: moorcroft

Debt Collectors have no rights and can be refused access to your property by removing their implied right of access under common law.

It sometimes gets confused with different issues in Enforcement Agent visits, where it isn't valid.

There's a template around somewhere for use with Debt Collectors threatening to come door knocking.

Absolutely agree with Nem on the 'hose down' issue though.


Ahh bit old -- http://www.legalbeagles.info/forums/...8479#post38479

[Amethyst]

Re: moorcroft

kk, just read back a little bit - Moorcroft haven't said they are enforcing the judgment and don't seem to be aware of it ? They have just been passed a name on a list and an amount probably.

If there is a judgment and an order for you to pay £10 a month then it is very likely this will jump up to bite you on the bum at some point so it may be best sorting that out with the CCJ holder to try and avoid next time it being a warrant of enforcement.

[nemesis45]

Re: moorcroft

Worth checking trustonline to see if there is a current judgement.

nem

[Garlok]

Re: moorcroft

at no stage did the OP stae that this was a visit from a bailiff duly and legally appointed nor did they state that it was a visit from an HCEO. Merely this was a visit from a DCA, Moorcroft therefore the suggestions that I made are perfectly valid as regards the correspondence and are provable quite unlike certain statements which have been made. Moorcroft rarely if ever get involved with enforcement of the legal kind in the long years of our experience, preying most often on the most vulnerable as "easy meat". Therefore the Common Law applies in this particular case with Moorcroft.

I do notice that no-one is prepared to challenge my solicitors statements with direct evidence or case law. Anfd nemeisis I note that you are unbale to challenge the F & F position merely pass rude comment. I am open to PM if the admin want this kept private away from open forum.

regards

[FlamingParrot]

Re: moorcroft

The OP is saying that they are afraid the doors stepper is coming will come back " with a court warrant" but there has been no claim.

See below, the CCJ was obtained 5 years ago.

There was a ccj on this from 2010..thinking of ringing them and trying to come to an agreement so save the stress of it all..ccj was that i pay 10.00 a month.

Will the ccj from 2010 still stand..really stressing over this.its was with sechiari clark and mitchell but has now been passed to moorcroft.

CCJs don't go statute barred so yes it still stands.

[FlamingParrot]

Re: moorcroft

I note that no-one has quoted the full position as regards debt collectors calling and the English Common Law. I can quote from qualified legal advice letters from the solicitors we instructed if necessary. The license for any one to call at your home is merely "IMPLIED". This can be revoked in writing at any time and was always part of our correspondence. The only people allowed to call at your home unannounced and without express permission (written) are those delivering post for Her Majesty's Mail and a traveler requesting directions. The debt collector is a Common Law trespasser (civil offence) and if he/she arrives a second time having being told to leave it becomes an aggravated trespass which is criminal. You are within your rights to tell them to leave immediately without any other communication.

You are allowed to hose them down with a garden hose on standard mains pressure on your property but the use of a pressure washer is considered assault. They are a public health hazard anyway.

Therefore always keep everything in writing, never phone never talk to anyone. It is even politic to keep all envelopes that correspondence arrives in marked up with the date it actually fell through your letter box stapled to the relevant letter.

regards

Is this what is commonly known as FMOTL stuff/NOROIRA ? - does it actually work? (forgive the ignorance ... I'm a relative newbie myself)

This bit however I can certainly agree with! - I keep written records of everything that comes into my house (easy to refer back to );,

Surprisingly FMOTL stuff sometimes works, but only because the other side doesn't understand it either and they opt to move on to easier prey. However, if things end up in court it can just cause trouble. Having said that, the above is not FMOTL stuff, it's based on Common Law. The letter below has often been used with debt collectors:

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Personally I wouldn't hose them down with water simply because I reckon it's best to keep the moral high ground and, if it comes to that, call the police if they refuse to leave you alone. :mod:

[Kati]

Re: moorcroft

Surprisingly FMOTL stuff sometimes works, but only because the other side doesn't understand it either and they opt to move on to easier prey. However, if things end up in court it can just cause trouble. Having said that, the above is not FMOTL stuff, it's based on Common Law.

Thanks for clearing that up for me (as I said, I'm a relative newbie)

The letter below has often been used with debt collectors:

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

definitely worth knowing

Personally I wouldn't hose them down with water simply because I reckon it's best to keep the moral high ground and, if it comes to that, call the police if they refuse to leave you alone. :mod:

They might appreciate it in the middle of summer :lol: - but I wouldn't do it either