Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
a little potted history....
an old debt with Citi which has been passed to AIC , I have already sent a CCA request which has been conviniently ignored .
These lovely people have been regularly calling me at work , 2 - 3 times a week over the past month or so and luckily they have to get through our reception so I always get them to take messages apart from one time when they caught me unawares.
I spoke to this charming young chap called Mr Heron .I said I had already sent a request for my credit agreement to them and citi and that would not deal with them until they could prove that I owed them the money otherwise I would only deal with Citi direct
He denied any knowledge of what a CCA was and regardless they would & could still take me to court as they had bought the debt form Citi.
I pointed out that this would not be possible until they had provided me proof with the CCA. We then got into a bit of "no you can't" /"yes we can " banter which must have irritated him somewhat as he then changed tack and said 'How would you like me to arrange a visit to your home?" to which I replied " you can't do that either"
he then replied ,quite threateningly " OK then how about your where you work?"
At this point I put the phone down
Now I know they can't legally pay me a home visit unless I make an appointment with them ,but can they come to where I work?
I am about to send them the template home visit /harrasment letter but would like to adapt it to include my work place.
Before I start Im not to sure on this but what they are doing to you makes me angry and you dont wanna make me angry (Incrediable hulk
I believe it all falls under harassment and as such can be taken very seriously.
I would be inclined to report this company to the police to get a crime number and then send your letters to these parasites and include the fact you have made a police report about this.
Log all the call times or at least how many a day your recieving and the dates.
Contact your (or theres i forget which one) local trading standards and inform them.
Im sorry I cannot be much help but I had to say something. Paracites like this make me so mad........
Chancers are they wont ever visit anyway, they are just trying to get you to react and pay them.... I think a reaction is deserved but on to the police and other authorites.
I hope you get this sorted.
Ash.
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Thankyou.
Don't enter into discussion with them if they ever get through to you in the meantime, I would just gently put the phone down and let them whitter on with themselves.
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They would be breaching OFT guidlines if they visited you at work. Here's the relevant section:
debt collection visits
2.11 Those visiting debtors must not act in an unclear or threatening manner.
2.12 Examples of unfair practices are:
a. not making the purpose of any proposed visit clear, for example, merely
stating that collectors or field agents will call is not sufficient
b. visiting a debtor when it is known they are vulnerable, for example, when
a doctor's certificate has been provided stating that the debtor is ill
c. continuing with a visit when it becomes apparent that the debtor is
distressed or otherwise vulnerable, for example, it becomes apparent that
the debtor has mental health problems
d. entering a property uninvited
e. not leaving a property when asked to
f. visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed1
g. not giving adequate notice of the time and date of a visit2
h visiting debtors, unless requested, at inappropriate locations such as work
or hospital.
And here's the link for the whole of the OFT guidlines:
Write demanding their complaints procedure, get your complaint together while waiting for it and return ASAP. Send the telephone harassment letter including your work phone number. If they do not address your concerns within 8 weeks, complain to fos.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
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In future get the receptionist at work to refuse to take any messages for you or put any 'personal' calls through to you. I have used this tactic very succesfully.
While you are about it, might as well make it a formal complaint too. Ask for their complaint procedures in this letter you are sending as well. There is nothing like better than to deal with the fos, they dote on it .
I had similar problems with AIC, although fortunately they didn't have my works telephone number.
However, I listed all the details of their harrasment and various
dirty tricks and sent them to the original creditor. I cc'd the chairman
of the original creditor and I cc'd in my member of parliament.
I sent the letters recorded delivery.
Within a week I had a letter from the original creditor apologising for the behaviour of AIC. They said they would investigate the matter, and meanwhile the debt has been returnd to the original creditor who
are looking at wrting it off.
Not sure if you have already posted your letter, but here`s one I threw a CrapOne.
Edit to suit-
Re: Harassment By Telephone
Administration Of Justice Act 1970
Protection From Harassment Act 1997, Communications Act (2003)
Dear Morons,
TELEPHONE NUMBER: ********
I am writing in relation to the quantity and frequency of telephone calls that we have received from your company which I deem to be personally harassing, particularly the `silent calls` generated from your predictive dialing system.
I have verbally requested that these stop on a number of occasions, yet we are still receiving calls. These calls have been received up to 8.30 at night and also on Sundays.
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.127-130 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.
In short, remove ALL my details from your systems IMMEDIATELY! Please confirm in writing of your compliance.
Be advised that any further telephone calls from your company will be logged and recorded and used as evidence in any harassment action taken against you.
Yours faithfully,
(PRINT YOU NAME - DON`t SIGN)
Have fun with these empty headed knob jockeys, but if they do managed to get hold of you on the phone, just don`t answer their security questions and go no further. If they still insist you talk to them, simply tell them exactly where to go in your own words. I have my own choice of words which some may not agree with, lol.
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AIC threatening to come to my workplace!
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Re: AIC threatening to come to my workplace!
