AA Finance/Bank of Scotland - They keep on phoning!

[southcoastgirl]

Hi Y'All,

I am receiving around 10-12 calls a day from AA Finance - which I think is part of the Bank of Scotland - as my direct debit bounced last month. Their callers ring me from 8.30 a.m. until around 8.30 p.m. and have advised me that they won't stop until I tell them when I will pay them. I am hopefully about to go onto a DMP and have just sent out my letters to hold action.
When I rang AA Finance to get their address I was told I should talk to them on the phone, as they "don't respond to letters". They said all they'll do if they get a letter from me is write to me and ask me to discuss things on the phone.
I don't want to have phone discussions because I want a record of everything and am beginning to feel harrassed by these constant unwelcome phone calls. I have just told them this and asked them to listen to a recording (if they have such a thing) of one of their staff shouting at me at 8.30 a.m. on a Sunday morning. Their response seemed to imply they thought this was legitimate behaviour until my arrears are settled (the payment is 2 weeks late!).
Do I have to put up with this? I've twice asked them to stop phoning me. Is this legal?
Help!


southcoastgirl

[powelll]

Harrassment is a criminal offence under Section 70 of the Administration of Justice Act ( I think it's sec. 70 ). It would be an idea to keep a note of dates & times of calls also who you spoke to if you get a name.

Standard advice is don't speak to them. If you answer your phone & it's them just say it's not convenient & hang up. If you know what number or numbers they call from most phone companies have some kind of service where you can block specific numbers from calling you ( or witheld numbers ( I know for BT it's called Choose to Refuse ).

I would put a complaint IN WRITING to the company concerned, keep a copy & send recorded delivery. Give time to respond, something like 14 days is reasonable, and ask in writing that you are not contacted by telephone. If they then continue to do so you can go the route of compalint via the OFT ( as breach of their debt collection guidance ) or poss criminal prosecution ( but go via your local Trading Standards rather than the police ).

To go either route you will need to have complained to this company in writing first 7 given them time to respond. I'm sure I read on one of your other threads that you've been to National Debtline for advice? If you look on their website there is a factsheet on harrassment. They can also send you a copy of the OFTs debt collection guidance & a complaints form if you call them.

Just because you owe money doesn't give them the right to break the law, harrass you or speak to you like dirt!!!

Best of luck

[dx100uk]

Harassment by telephone - response letter

[southcoastgirl]

Thanks to both of you for you quick and helpful replies. I'm going to write to them today. I've made two verbal requests already, particularly objecting to being asked to provide security details (mother's maiden name etc) when they are calling me. I could understand it if I was calling them, but to be cold-called and then asked to provide identifying information seems a bit back-to-front to me!
Thanks again,

[Duffers Mum]

Change your phone number and go ex directory, then don't give out your home telephone number to anybody except trusted family and friends. I subscribe to BT Choose to Refuse and any number appearing on my caller display now who I don't recognise I immediately add their number to my refuse service (you can block up to 10 numbers). We have very few as are ex directory, but occasionally the odd sales call creeps through. Its about £8 a quarter, but well worth the money if you are being hassled by these morons!

[dx100uk]

print another copy of the harrassment letter/
leave it by the phone
next time they call.
advise them the phone call is being recorded [not ofcourse]
quote it, word by word to them but don't stop.
when you have finished conclude by clearly stating:
i do not expet to hear from you again on this telephone number unless you wish to be prosecuted.
thank you , put the phone down.

dx100uk

[southcoastgirl]

I am SEETHING!

I have put a 'choose to refuse' on calls to my landline from AA Finance and wrote to them on 17 May using a standard letter from this site requesting that they deal with me in writing and asking them to stop phoning.

They are constantly calling me on my mobile now and I'm not answering. However, my 10 yr old just answered my phone and it was them. I referred them to my letter and said I can only deal with them by letter but they just keep repeating, parrot-fashion, "until you go through security checks and talk to us these calls will continue". They are calling me anything between 3 - 10 times a day. Mostly I'm ignoring them but I just want it to stop! They also said that unless I call them back and identify myself by going through their security questions and talk to them on the phone about "a financial matter" charges will be applied to my account.

These guys are really harrassing me. They have been calling me every day since the last Bank Holiday and I'm getting really fed up with them.
How can I make them comply with the letter? (Text below) How long do I give them before I report them to the OFT and Oftel, etc.?

Aaarrgh!
southcoastgirl

Letter I sent them...
Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)


Yours faithfully,



[NAME HERE]

[sequenci]

it's section 1 of the protection from harassment act.

also add the financial ombudsman service for complaints for good measure

[southcoastgirl]

Should I give them a certain amount of time to comply? They would definitely have received the letter by now and I sent it recorded delivery. Surely their internal communications aren't that bad!

[powelll]

Your next step would be to contact Trading Standards if the calls continue. Potentially I think these guys need the threat of a criminal prosecution from a 3rd party before they listen ( ******* ******* ) insert own rude name for them.

[rosierose]

Originally Posted by southcoastgirl

I am receiving around 10-12 calls a day from AA Finance - which I think is part of the Bank of Scotland - as my direct debit bounced last month. Their callers ring me from 8.30 a.m. until around 8.30 p.m. and have advised me that they won't stop until I tell them when I will pay them.

Have a look in the stickies at the beginning of the Halifax forum. There is a mass complaint being organised by BankFodder. This call centre is used by HBOS/Sainsbury's Bank etc – the same call centre that’s been in the news this week for harassment. They are aggressive and care little for the law, breaching statute regularly; both the AJA as mentioned previously the Protection from Harassment Act and the Communications Act not to mention contravening the OFT debt collection guidance.
It really is important that these people are reported. Give your details on the Halifax thread and contact your trading standards office. And please PM me so that we can let our respective TS offices know that this organisation's actions are the result of policy decisions taken rather than one-off incidents (my TS office is currently preparing a prosecution).
Kind Regards
Rosie

[Maggiebroom]

Hi Southcoastgirl

I was getting many many calls a day from littlewoods finance. They didn't take any notice of my harrassment letter, and told me they would continue to phone until I paid up.

I got totally fed up with all these calls and in the end I picked the phone up one day, and said that I was my sister. I asked them to hold on while I went and 'got me'. I then put the phone in the bathroom on the toilet, pulled the chain and left it there, with them still on hold. I went back five minutes later and they had gone.

I never got another call after that, and then the matter was resolved anyway. The point is I felt really good that I had beaten them.

I did the same to Capital One, and they too stopped the calls. Just ask them to hold on for a mo', then put the phone down anywhere, and just leave it. After a few times of this they will soon see that phoning you is not getting a response. ( and hopefullt it ties up their phoneline as well)

maggiebroom

[southcoastgirl]

Just an update!
I have now reported these guys to Trading Standards who have sent me a complaint form for the Office of Fair Trading, too. TS advised me to write a further letter to AA Finance advising them that they've been reported and that the next stage will be legal action.

If anyone else is dealing with these people - report them!

(sigh)
southcoastgirl