Advice needed please!

[Redletter]

Could someone please advise the best course of action?

A DCA has been repeatedly calling at my girlfriend's mum's address where my g/f used to live in relation to a debt of approx £1000.

However, the debt is for a £300 overdraft on which she defaulted when she had to reduce her working hours to help care for someone in the family.

The rest of the debt has been accrued from charges.

Should we:

1) Ignore it and let her mum keep pretending she doesnt know where she is?

2) SAR the bank in question and contest the amount?

3) Contact the DCA?

Any advice offered would be greatly appreciated.

Thanks,

[Amy]

Re: Advice needed please!

If you know the amount owed to you in charges you don't need to send a Subject Access Request.

Write a letter to this DCA and include the following:

There is only an implied license under 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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and civil action will be taken.

[Happyolddog]

Re: Advice needed please!

Is your girlfriend still on the electoral registar at her mums address? If so the DCA are within their rights to call in the bailiffs and carry on harrissing her mum. To avoid this you need to contact them and get into some agreement about payment. Then SAR the Bank and see what claims you have against them.

[Amy]

Re: Advice needed please!

There must be a judgment in place from the courts before a bailiff is instructed.

[Redletter]

Re: Advice needed please!

Is your girlfriend still on the electoral registar at her mums address? If so the DCA are within their rights to call in the bailiffs and carry on harrissing her mum.

No she has moved out and her mum told the DCA she is just a friend and doesn't know where she is.
------------------------------- merged -------------------------------

If you know the amount owed to you in charges you don't need to send a Subject Access Request.

Write a letter to this DCA and include the following:

There is only an implied license under 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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and civil action will be taken.

Thanks Amy but although we have an idea how much is charges (as the original overdraft when she got into difficulties was about £300) we will probably need statements to prove it.

What we dont want to do is alert the DCA to the fact that my g/f has had the letters forwarded and is therefore contactable, but we were thinking that if the bank are still happy to send their 6 monthly statement to her mums address as they did recently, then she should be able to send a SAR from that address in order to find out the details of all the additional charges etc??