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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 3rd March 2007, 15:30   #1 (permalink)
stitch05
Basic Account Customer
Default 'NO' to my request to stop harassing phone calls

Hi, I am behind with payments and have spoken/written to cap one about making minimal payments, due to difficult financial circumstances, and they ok’d this.

I also sent Subject Access Request and have recently received statements to reclaim unlawful charges on my account. (Just starting spreadsheet at the mo)

However, they keep calling me, so I wrote to them asking them to stop, using jonni2bad template letter Harassment by telephone - response letter (thankyou j2b by the way)

I received a letter back from them today, signed by Mr Udy saying….
'our collections dept will continue trying to contact you' and 'the calls are because we're obliged to keep you updated on the status of your account, and to see if we can help'
‘I’m sorry I’ve been unable to carry out your request but I hoped I’ve explained clearly the reasons for this’

doesn’t seem right. ..can anyone offer any advice please?
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Old 3rd March 2007, 15:36   #2 (permalink)
gizmo111
Platinum Account Customer
Default Re: 'NO' to my request to stop harassing phone calls

First time I've seen this response, I would guess you just write back and say you have no objections to them contacting you but it must be in writing. If they call put the phone down on the side and go have a bath.
I'll see what the others think and get back to you.
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Old 3rd March 2007, 15:37   #3 (permalink)
Niklowe
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Default Re: 'NO' to my request to stop harassing phone calls

I would report them.

Quote:
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Then write to them a letter informing them that you have done so and that they should desist immediately from any further calls
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Old 3rd March 2007, 15:46   #4 (permalink)
MARTIN3030
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Default Re: 'NO' to my request to stop harassing phone calls

I think this also falls within the administration of justice act...in fact pretty certain it does.
Harrasment in whatever form means the same;

here it is

The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
__________________
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Wishing all a great year in 2009-and hope everyone gets ALL their charges back..and justice for any other issues that come your way.






Advice offered by MARTIN3030 is without predjudice and is for your judgement as to whether to take it.
You should seek the assistance or hire of a solicitor or other paid professional if in doubt ie; Cobbett Ltd.
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Old 3rd March 2007, 16:02   #5 (permalink)
NATTIE
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Default Re: 'NO' to my request to stop harassing phone calls

might be worth a call to the telephone company that deal with your phone line to bar it, if this is possible.
 
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Old 3rd March 2007, 16:15   #6 (permalink)
ian cognito
Platinum Account Customer
Default Re: 'NO' to my request to stop harassing phone calls

The other short term solution while you are making an official complaint is to refuse to go through the security checks and give any of your personal details over the phone, they then cannot discuss the account with you and with luck may give up anyway.
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Old 3rd March 2007, 17:02   #7 (permalink)
gizmo111
Platinum Account Customer
Default Re: 'NO' to my request to stop harassing phone calls

Quote:
Originally Posted by ian cognito View Post
The other short term solution while you are making an official complaint is to refuse to go through the security checks and give any of your personal details over the phone, they then cannot discuss the account with you and with luck may give up anyway.
Or just put the phone on the side so they are just talkign to thin air.
Or put it down when they call.
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Old 3rd March 2007, 17:25   #8 (permalink)
stitch05
Basic Account Customer
Default Re: 'NO' to my request to stop harassing phone calls

thankyou for your replies. I think I will write to them to tell them I am reporting them. I have been trying a mix of ignoring phone, saying I'm out, silent treatment...this makes me feel guilty!!-someone on the other end just going 'hello?.. hello???'
Just wish they would stop calling, its making me a nervous wreck wondering which tactic to try next!
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Old 4th March 2007, 11:29   #9 (permalink)
Windywoo
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Default Re: 'NO' to my request to stop harassing phone calls

I have just reported Cap One to the OFT for exactly the same thing!

Fortunately I have call barring on my BT line so this has all but eliminated their pestering. But, it has been a difficult, they use so many different numbers. I think in all I have about eight!!
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Old 4th March 2007, 13:45   #10 (permalink)
Robertxc
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Default Re: 'NO' to my request to stop harassing phone calls

Check out BT's 'Coose to refuse' service. Also, on my home phone I have it seet up to reject all calls from witheld or unavailable numbers.

My standard response when these people phone goes something like this:

CALLER: Hello, can I speak to Robertxc?
ME: Speaking
CALLER: Just to verify your identity, can you please tell me your date of birth?
ME: Who's calling?
CALLER:This is James from ACME Bank.
ME: I see. What do you want?
CALLER: Before I can continue I need to ask you some security questions.
ME: I'm not in the habit of habding out personal information to complete strangers on the phone. What do you want?
CALLER: I really can't continue until you answer some security questions.
ME: Well then bugger off and stop annoying me.
__________________
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Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

You can can contact me by email: robertxc@consumeractiongr oup.co.uk

If you are successful in your claim, please donate 5% so that the forum can continue to help others.
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Old 4th March 2007, 13:59   #11 (permalink)
livelylad
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Default Re: 'NO' to my request to stop harassing phone calls

Quote:
Originally Posted by Robertxc View Post
Check out BT's 'Coose to refuse' service. Also, on my home phone I have it seet up to reject all calls from witheld or unavailable numbers.

My standard response when these people phone goes something like this:

CALLER: Hello, can I speak to Robertxc?
ME: Speaking
CALLER: Just to verify your identity, can you please tell me your date of birth?
ME: Who's calling?
CALLER:This is James from ACME Bank.
ME: I see. What do you want?
CALLER: Before I can continue I need to ask you some security questions.
ME: I'm not in the habit of habding out personal information to complete strangers on the phone. What do you want?
CALLER: I really can't continue until you answer some security questions.
ME: Well then bugger off and stop annoying me.

LOL

Also get the security questions wrong! :o Or say that you are recording the call they dont like that at all.
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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.
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