Your views and questions.

Moderators: TalbotWoods, JaneClack

By Twinkle Toes
#137915 One of my unsecured creditors has sold my debt on to this co. i have contacted them after receiving a letter demanding payment. they have refused the offer that pay plan have made as it doesn't meet their guidelines for min payments.

we are at present in a dmp with payplan whilst we sort an iva. i gave the collection agency our ref. number.

subsequently i have got a letter from them saying that they are coming round my house to see me :shock:

what can i do to stop their threatening behaviour? i ahve given their details to payplan, but its not really made any difference.
By Scrooge
#137948 Hi Twinkle, letters like this are commonplace. Basically by saying they're refusing the Payplan payment they are trying to pressure you into paying more that's all. As for them saying they're coming to the door..write to them imediately by recorded delivery and state you will only be corresponding with them in writing (this is perfectly legal). Tell them if they fail to adhere you are reporting them to Trading Standards and the Office of Fair Trading for harassment. If they DO come..........they have no more rights than a stray dog in the street so politely tell them you only communicate in writing and close the door, then report them for failing to adhere to your request (harassment) that they only contact you in writing. If you want to make sure they leave promptly get yourself a nice Rottweiler to get the message across :D
By SirPercyBlakeney
#138026 Suggesting that a company's internal policies have precedence over legislation is risible, but it doesn't stop lots of DCAs doing it. It's just another attempt to apply pressure.

The OFT guidelines are not law (alas!), but they are binding on holders of consumer credit licences (i.e. all DCAs), which means they have no option but to comply.

If you are faced with the genuine prospect of some simian calling at your home, it may be useful to have a letter prepared in which you state that you are aware of your rights under S40 of the Administration of Justice Act, and the OFT guidelines, that you will only deal with the matter in writing, and that failure to leave your property forthwith will result in a complaint of harassment. You can then smile nicely as you hand it over, before shutting the door in his face.
By Scrooge
#138167 Well said, Sir Percy. You merit your knighthood :D
By Twinkle Toes
#138177 thanks guys, your stars as per normal.

thats what i thought, but just needed a bit of reassurance.

i'll keep you posted on the outcome.
User avatar
By Mrs Plastic
#138365 Hi

I got this advice regarding debt collectors coming to my home, however, I am still waiting.

just a word on debt collector’s visits. Often they aren’t
actually sent, they are only used as a threat. However, if they do
come, remember they are not bailiffs. They do not have any more power the original creditor. You don’t have to speak to them or let them in if you
don’t want to. If you want to talk, just repeat your offer to them.

Hope it helps
By SirPercyBlakeney
#138385 Take a look at the OFT's updated guidelines. They include quite a bit of useful info about visits, including:

not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

The above is considered an 'unfair practice', as is:

not leaving a property when asked to


not giving adequate notice of the time and date of a visit.
Note: 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.

The guidance is quite clear; curious, then, how many DCAs claim not to know what it means.

Don't forget to complain if DCAs breach the guidelines. Complain to the OFT, Trading Standards and if the DCA is a member, their trade association.