Phone Calls

[harrythehawk]

I am currently going through the pain of sending financial statements and cheques to six creditors and the phone rings quite often, have got number display and answerphone so can see who it is, however can I request written correspondence only and make it stick ?

[jonni2bad]

Indeed you can.......

Start by sending this - Harassment by telephone - response letter

and invest in a voice recording device (which you should be able to pick up for about a tenner). Record any further instances and also let them know you are recording it! Give each company about 7 days from the receipt of the letter though - you have to allow these dinosaurs time to react!

Best of luck

[tbern123]

Spot on advice, if you read my cabot thread about phone calls, all it took was one email and the phone stopped ringing

[bidstermeister]

I have first hand experience of Liverpool Victoria refusing to abide by this letter - They have failed to provide documents after a CCA request. I have repeatedly informed their staff (who call my mobile) that I will not discuss the matter over the phone. Every time I send a letter, a letter from them arrives conveniently ignoring the comments in mine.

I have an audio recording from one of their complaints officers confirming that no further calls will be received. So far, it's been 3 calls and a txt message - their letters say that unless I communicate with them, my number will be "reinstated". The members of staff (especially the female ones) are very agressive in their phone manor, and interrupt at almost every opportunity.

I've already stated to them that further telephone calls will incur a charge per call/txt received. I'll quite happily talk to them about the weather providing they pay my invoices

[jonni2bad]

Have you reported them to the Office of Fair Trading and your local trading standards office?

There is now a specific complaint form which you can download from the Internet to make an official complaint and you can obtain it here:
http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

PLEASE USE IT

Additionally, complain to OFCOM - How to complain | Ofcom

[steve5080]

Creation Financial Services have ignored my letter which they received 4 Jan 07. This was sent after finally recieving 4 calls in one day. Someone phoned on the second and I explained that I had sent a letter on the 28 Dec. She said that when they get the letter that would put a stop to the calls, as they HAD to take our number off their system, but in the mean time she would put a 10 day block on the system. We got no calls until last night at 8:40. I have phoned OFCOM who say they do not act in individual cases, but have recorded the complaint. The OFT are sending a form to me, they said that the company should not be phoning at all, as the account is in dispute. I also sent a letter off to Creation about the continued calls, and took the oppertunity to remined them that they only have two days before I start court action.

[The Terminator]

I usually use this Communications Act(2003)

127 Improper use of public electronic communications network
(1) A person is guilty of an offence if he-

• (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

• (b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he-

• (a) sends by means of a public electronic communications network, a message that he knows to be false,

• (b) causes such a message to be sent; or

• (c) persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

or this

Malicious Communications Act 1988 (c. 27)

1988 Chapter c. 27

An Act to make provision for the punishment of persons who send or deliver letters or other articles for the purpose of causing distress or anxiety. [29th July 1988]



Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Offence of sending letters etc. with intent to cause distress or anxiety.

1.—(1) Any person who sends to another person—

• (a) a letter or other article which conveys—
  • (i) a message which is indecent or grossly offensive;
  • (ii) a threat; or
  • (iii) information which is false and known or believed to be false by the sender; or

• (b) any other article which is, in whole or part, of an indecent or grossly offensive nature,

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

(2) A person is not guilty of an offence by virtue of subsection (1)(a)(ii) above if he shows—

• (a) that the threat was used to reinforce a demand which he believed he had reasonable grounds for making; and

• (b) that he believed that the use of the threat was a proper means of reinforcing the demand.

(3) In this section references to sending include references to delivering and to causing to be sent or delivered and "sender" shall be construed accordingly.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[steve5080]

I was thinking of sending them a contract

I will invioce you the sum of £20 for my time in answering telephone calls from your company, staff or representives.
If you telephone me after recipt of this contract, it will be taken as aceptance of this contract.
If you do not wish to acept this contract, DO NOT PHONE!

[harrythehawk]

Hi, I would like to purchase a recording device for the phone, anyone know a good place to get one ?

Ta

Harry

[itsamomentintime]

try Maplins, they seem to be ok

[joneshousehold]

I am constantly being told that in spite of my letter, the calls will continue! Sigh! Presumably nothing will stop until I complain to OFT!

[jonni2bad]

and your local Trading Standards....

[steve5080]

****RESULT***** I went to hand in the N1 this morning but realised when I got to the court that my wife had to sign to forms as it is in her name. However she phoned me at work this afternoon to say she had had a phone call from a very appologetic man at Creation who said sorry for all the phone calls, he was writing the account off, AND would be sending a cheque foe £350.

[steve5080]

Originally Posted by joneshousehold

I am constantly being told that in spite of my letter, the calls will continue! Sigh! Presumably nothing will stop until I complain to OFT!

I phoned the OFT on Wednesday and was told there was nothing they could do, they said that if the calls were before 8am or after 8pm they would call it harassment, and that it could be reported to the poilce.

[steve5080]

I would add that in the last week I have spooken to OFCOM, the OFT and Trading Standards, and none of them seem to know the law, or seem to be able to do anything. I have say the help from people on this site is way better then any of these organisations, Thank you all, and lets keep it up.

[joneshousehold]

I have taken to telling them I will not answer their security questions and will not call back for the reasons detailed in my letter. Stalemate in my eyes AND it costs them to call

[The Terminator]

Originally Posted by steve5080

I phoned the OFT on Wednesday and was told there was nothing they could do, they said that if the calls were before 8am or after 8pm they would call it harassment, and that it could be reported to the poilce.

Then that is going against their own guidelines on debt collection.What a bunch of w**k*rs

[harrythehawk]

Very annoying call from the Co-Op tonight, as usual they ask for the security number which I really have no idea what it is (allegedly I lodged this 6 and a half years ago and haven't spoken to them since ??), asked my name, DOB and post code, then said well OK but it won't be a full discussion as we haven't got the full security ?? Why I asked, I have just confirmed who I am what is the point of talking to me then ?? What do you want then ?? Usual, well it is about the balance and arrears (surely not !!), I then simply asked if they had my letter from 9/1/07 to hand which remains unacknowledged, reply "NO we haven't received it",well you must have because you have cashed the cheque that was stapled to it this week !! "Well how much was it for ??", I reply "look please go and find my correspondence before you discuss this any further with me !!", "Well if you are going to refuse to speak to us I am just trying to help", me "well help by getting the details before you ring me, the details I spent alot of time and effort putting together for you and are somewhere on your premises !!". Then she goes "well I am prepared to accept the payment you have made on a monthly basis and agree a payment plan !!". Hang on I say, you told me you didn't have my letter so how do you know how much the cheque is for or what it was for or what I have asked ?? We are here to help, "Well you can help by telling me the truth when I ask a simple question instead of just lying, I won't agree to anything verbally, please put this in writing" I will sir and I am terminating the call as we are just going around in circles !!"

Now is it me or is this the worst attempt to try and get me to trust these people ?? They spent the last two calls trying to trick more information from me, particularly who my employer is !! (two different tactics to do this, so predictable) and again denied they had my letter. Will wait for the letter from them which will also allegedly stop the interest and charges if I agree it, again for someone who hadn't got or read my letter she showed amazing powers of the mind to know this was also requested. Think in future I will just think letters to Co-Op and rely on ESP and mind reading and save on postage and paper, apart from the "security" questions which I shall turn to an old Jedi mind trick to get round !!

In the end, call me an old cynic but I think they might be fibbing to me and think I am a bit simple, this is only the beginning too but I am learning the game quickly, anymore nonsense from these fools and it will be letters only which works for me !! I am only here to help !!