Claim for trespass ?

[gaz2006]

Advice please
Debt with credit card company who havent produced agreement etc been to number of debt collectors informed Gothia and Iqor they employed they had no right to visit me etc guess what Iqor sent debt collector to my house .
Can I take action against them as they had no permission to visit and upset me and my family has anyone one claimed for harrassment damages like this regards Gaz

[middenmess]

Re: Claim for trespass ?

AFAIK
Anyone can call at your home unless you have expressly written and refused them permission to do so.

When a ''debt collector'', who has no more legal rights than a double glazing salesman,calls it's up to you as to whether you open the door let alone speak to them and you are advised not to engage with them at all.

I've had them and it's a case of 'hello' and 'goodbye'. They've earnt there money as they have made contact and established to the creditor that you live at that address if you responded to them asking your name.

If you now write to Iqor denying them permission for them or their representatives to visit you then if they call again you might have a case of trespass against them.

[Tools]

Re: Claim for trespass ?

From the OFT's Debt Collection Guidance OFT664 http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Debt collection visits
2.11 Those visiting debtors must not act in an unclear or threatening manner.
2.12 Examples of unfair practices are:
a. not making the purpose of any proposed visit clear, for example, merely
stating that collectors or field agents will call is not sufficient
b. visiting a debtor when it is known they are vulnerable, for example, when
a doctor's certificate has been provided stating that the debtor is ill
c. continuing with a visit when it becomes apparent that the debtor is
distressed or otherwise vulnerable, for example, it becomes apparent that
the debtor has mental health problems
d. entering a property uninvited
e. not leaving a property when asked to
f. visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed1
g. not giving adequate notice of the time and date of a visit2
h visiting debtors, unless requested, at inappropriate locations such as work
or hospital.

1 See, on page 10, the OFT's clarification of the context for paragraph 2.12f above.

2.12f: Visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed.
By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and
has offered a repayment programme which has not been agreed by the creditor or debt
collector. We are not saying that any offer must be accepted but we have seen cases
where offers are disregarded and a debtor is told that 'we are sending field agents'. Many
debtors are unlikely to understand this term and are likely to view the visit as a threat
designed to make them offer more money when they can pay no more. Some letters appear
to be designed to give this impression.
By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but
those who are being pursued for a debt they do not owe or genuinely believe they do not
owe. Debt collectors who can show that the debt is due and that any dispute has been
looked into and the debt confirmed will not be in breach of this provision.

2 See, on page 10 - 11, the OFT's clarification of the context for paragraph 2.12g above.

2.12g: Not giving adequate notice of the time and date of a visit
When a door-to-door debt collector makes an initial home visit to a debtor it may not
always be possible for them to give adequate notice of the time and date of that visit. This
is not necessarily unfair.
The key word is adequate. This was inserted to ensure that what the debtor regarded as
adequate was key.
Office of Fair Trading 11
What is adequate will vary from debtor to debtor. When initial contact is made a debtor
may be happy to speak to the debt collector there and then. If that is the case the visit
would not be unfair. Where a debtor prefers to use that first visit to agree to a future visit
at a more convenient time a debt collector should respect their wishes. A debtor may prefer
to do so at a later date so they can seek advice about their situation or arrange for a third
party to be there. What is important is that a debtor is given enough time to prepare. They
should never be coerced into immediate discussions.

[gaz2006]

Re: Claim for trespass ?

AFAIK
Anyone can call at your home unless you have expressly written and refused them permission to do so.

When a ''debt collector'', who has no more legal rights than a double glazing salesman,calls it's up to you as to whether you open the door let alone speak to them and you are advised not to engage with them at all.

I've had them and it's a case of 'hello' and 'goodbye'. They've earnt there money as they have made contact and established to the creditor that you live at that address if you responded to them asking your name.

If you now write to Iqor denying them permission for them or their representatives to visit you then if they call again you might have a case of trespass against them.

#

But i already wrote to gothia and iqor prior to the "trespass Regards G

[gaz2006]

Re: Claim for trespass ?

From the OFT's Debt Collection Guidance OFT664 http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Thanks for that incise covering though Im not sure as I wrote to them forbidding visits as debt disputed pointing out id sure for trespass yet they still come how i stand now