What is the legal situation with Door step visits?

[umgeni]

Hi All,

It's been quite a while since my last vist (was threatened with being made insolvent by capquest nothing came of it and heard nothing since, debt is now statute barred).

Out of the blue I've had a handwritten postcard put through my letter box from a door step collector (for a debt I have never acknowledged).

From what I have read, a DCA cannot visit you without an appointment, you can quote things like the only visitors allowed are the postman and someone asking for directions etc.

I have read other forums where standard letters are sent and the DCA tries to get around it by saying they are offering a chance to talk about the debt etc. etc.

Can anyone tell me what the law or OFT say about door step collectors, what is the current legislation, what is the best way to deal with them?

Any help would be appreciated!

[shell]

Re: What is the legal situation with Door step visits?

Is this doorstep collector trying to collect on behalf of capquest?

[teaboy2]

Re: What is the legal situation with Door step visits?

The following legislation makes the law clear:

"There is only 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 and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)."

It is case law, so no matter what their intention of their visit it, if they come onto your property without your permission or without you agreeing to any appointment for them to visit you at home, then as far as the law is concerned they are indeed committing an act of tort of trespass.

Off course this depends if it is a civil debt or whether it is a baliff attempting to enforce a court warrant etc. Though given its capquest i bet it's just a civil debt

Also if this is the same debt that is statute barred the limitations act 1980 prevents them form enforcing such debt, and also their attempt to collect on a statuted barred debt is a clear breach of office of fair trading debt collection guidelines and you should report them immediately to the OFT.

[debtisbad]

Re: What is the legal situation with Door step visits?

The following legislation makes the law clear:

"There is only an implied license under English Common Law for people to be able......... of fair trading debt collection guidelines and you should report them immediately to the OFT.

When I won against CapQuest, they had already sent various letters to me threatening door step visits (despite the fact that I live in Taiwan), so I told them I hoped they had a valid passport and lots of money for return flights.

I called the woman, Anne McShane, who had conned me out of paying peppercorn payments to CapQuest before I had realised that due to a prior dispute with the OC (Egg took the case to the county court and lost-the case was set aside), I didn't owe CapQuest anything.

So I emailed her accepting the doorstep visit referred to in her "threatograms". I told her that one night the following week, my own "doorstep collector" would visit her house to recover the money that she had conned me out of. I asked her what time would be convenient but she went all sort of quiet.

It's funny how the bullies go quiet when the tables are turned, isn't it? In fact, she even had her direct dial number changed, as apparently she was getting lots of nuisance calls from insurance agents, double glazing salespeople, debt collectors and all other sorts of people.

[umgeni]

Re: What is the legal situation with Door step visits?

Hi, no the debt is not being collected by capquest, and to be honest I'd prefer not to say who, because I have a feeling that some DCAs are looking at these forums, but it is one of the well known pond life DCAs!

The debt it not yet statute barred, but has about a year to go.

I saw on one post from another forum that the DCA had replied after a standard letter was sent mentioning Armstrong V Sheppard & Short, saying that it did not apply to doorstep visits.

As far as I see it, they are not entitled to visit without appointment, end of story, unless it is a bailiff acting on behalf of a court.

I just need confirmation that this is the case?

[Guest]

Re: What is the legal situation with Door step visits?

Basically they have the same right to knock on your door as anyone else, no more and no less and you have the same right to tell them to P**s off as you would if it were anyone else.
Peter

[teaboy2]

Re: What is the legal situation with Door step visits?

I saw on one post from another forum that the DCA had replied after a standard letter was sent mentioning Armstrong V Sheppard & Short, saying that it did not apply to doorstep visits.

Report them to OFT as that is a load of misleading bull**** as it applies to anyone coming to your door unless they are asking directions or are the postman.

[labman]

Re: What is the legal situation with Door step visits?

A debt collector cannot visit your home without prior appointment. Under Common Law, you can refuse anyone an access to your assets without a warrant or a court order. You should write to the debt collector that they cannot visit your property without prior appointment and that you do not want them to visit your home. However, if they pursue you, they will be committing a ‘Tort of Trespass’ and you can deem this behaviour as an act of harassment as mentioned by the Protection From Harassment Act 1997.