credit solutions,sending door collectors advice please.

[bullring57]

hello friends
i sent a letter to stop any callers to my home,to credit solutions ltd,they replied stating under subsection 2.12 of office of fair tradings guidelines doorstep visits must give adequate notice of the time and date of visit,quoting the armstong v sheppard 1959 case. and access can come from acourt and not from the individual. strange one never had that before,is it true and what are the true powers i have and they have,any thoughts please. thank you. lawrence

[bluebottle]

Re: credit solutions,sending door collectors advice please.

Hi and welcome to Legal Beagles.

As my friend the Polite Plumber would say, Credit Solutions Ltd are talking ballcocks. There is no sub-section 2.12 of the OFT Debt Collection Guidelines. Section 3.12 deals with debt collection visits and also covers bailiffs, where they or their employers hold an OFT Category F Debt Collection Licence. A debt collector has absolutely no legal powers to attend your home whatsoever. Also, I can find no trace of a case with the title Armstrong -v- Sheppard 1959. What is this about access can come from a court and not from an individual?

[ploddertom]

Re: credit solutions,sending door collectors advice please.

Armstrong -v- Sheppard & Short Ltd; CA 1959

The plaintiff had a path at the rear of his property. The defendant constructed a sewer under the path, and asked the plaintiff for permission. He gave it it informally, not knowing at the time that he owned the land. The sewer was constructed. Though suffering no inconvenience, on discovering his ownership, the plaintiff requested the removal of the sewer and its manhole, and an associated injunction. The judge at trial found a trespass, but gave only nominal damages and refused an injunction.
Held: The plaintiff was not debarred from objecting when his acquiescence arose through ignorance. However the trespass was trivial, and no injunction was granted.
As to the cross appeal, though the trespass was forgiven by the consent, that could not answer the claim as to the continuing discharge since that would amount to an easement which would require a formal grant.
Lord Evershed MR said: ‘it is true to say that if a man, having a proprietary right, proves an infringement of that right, prima facie he is entitled to an injunction: but that needs some qualification. It is not a matter of unqualified right; and one ground for denying an injunction would be that the wrong done is, in the circumstances, trivial. That proposition is founded on the well-known case of Imperial Gas Light and Coke Co. (Directors) v. Broadbent . . The judge was here dealing with the claim as I have formulated it: and he came to the conclusion that the circumstances of this case were special, and, as his judgment shows, that the damage was trivial . . But there were other good grounds, and formidable grounds (as I think) for refusing the plaintiff an injunction. That he misled the defendants is beyond a peradventure. It is no less clear that he attempted to mislead the court. He asserted – contrary to the fact – that he had never had any conversation with the defendants about the matter at all; and in his evidence in chief he so swore, untruly. It is not, therefore, surprising that the judge came to the conclusion that he should grant no equitable relief; and in my judgment, on the facts of this case, he was well entitled to take that view.’

[bluebottle]

Re: credit solutions,sending door collectors advice please.

Many thanks for that, PT. What is your view on the OP's case? Mine is that if they want to turn up unannounced at the OP's home, the OP is quite within his rights to tell them go forth and pass water. Bit naughty of them to misquote Debt Collection Guidelines.

[ploddertom]

Re: credit solutions,sending door collectors advice please.

First of all I would be very surprised if they did turn up. If they did then you only have to be polite and ask them if they enjoyed their trip out whilst closing the door in their face. From memory they are quoting the old guidelines but obviously haven't updated themselves, I have seen this same letter sent to various different people lately. Might be worth a note to OFT telling them they are using non-existent guidelines.

[bluebottle]

Re: credit solutions,sending door collectors advice please.

If you want to drop Credit Solutions Limited in the proverbial, sent an email to enquiries@oft.gsi.gov.uk and insert the words CREDIT FITNESS in the subject box of your email. You will need to quote Credit Solutions Limited's company registration number (CRN) which is 02520932. Give a clear and concise resume of what Credit Solutions have done. The matter will be dealt with by the OFT's Credit Fitness team who will determine whether Credit Solutions should keep or lose their OFT Debt Collection Licence. Also report the matter to Trading Standards.

[bullring57]

Re: credit solutions,sending door collectors advice please.

thank you mate, thats the way it was worded on the letter they sent,i thought it was bull,but its better to make sure for peace of mind,many thanks for your reply.

[bullring57]

Re: credit solutions,sending door collectors advice please.

thank you for that mate.

[bullring57]

Re: credit solutions,sending door collectors advice please.

thank you mate.

[bullring57]

Re: credit solutions,sending door collectors advice please.

fed up with these people,i will contact oft,thank you.

[bullring57]

Re: credit solutions,sending door collectors advice please.

thank you, i will do that and let you no what happens.

[CleverClogs]

Re: credit solutions,sending door collectors advice please.

You did not say why they might want to collect your door.

Were you buying it on hire purchase?

[Hurricane Puffrose]

Re: credit solutions,sending door collectors advice please.

maybe they have a door fetish CC

or just like doing this