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.
I need some help and advice please - I am having continuous calls every day and sometimes on a Saturday night from these numpties who call themselves FPC.
They have said that they are working on behalf of their client vodafone.
I want them to stop calling me and harassing me as my husband works split shifts so he doesn't appreciate our house phone ringing at 10am in the morning when he only went to bed at 3am.
I had a vodafone contract with them took it out over 2 years ago but was under the impresison that it had been paid off.
Hi KGAR,
First of all never talk to FPC on the telephone, refuse to answer any security questions and tell them in writing only.
Send FPC the prove it letter below, FPC have to prove that the debt exists, send via recorded delivery, print your name only and do not sign...
Dear Sir/Madam
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.
Also, to stop the phone calls send FPC this, send with the prove it letter and once again, print your name, dont sign....
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!!**)
Variety of information, through credit reference agencies, royal mail re-direction or the underhanded and illegal practice of ringing your ex-neighbours.
Not forgetting if you have filled in forms online etc.
<<------------------ I'm not Ben Collins, but I could be the new Stig
NEVER telephone a DCA
If a DCA rings you, refuse to go through the security questions, just say "In writing only" and hang up
I have sent them a letter today which has been drafted up by a close friend who is well known on this forum. Please see letter below and let me know you're thoughts on next steps....
You have written to me regarding the above account reference. I have to inform you that you are also
contacting my home telephone number at inconvenient times as my husband works shifts. Therefore
any calls between the hours of 10am and 8pm are completely unacceptable and I would like you to
refrain from contacting me during those hours. In fact, considering that I have no idea what you’re are
calling me about I suggest all communication is put into writing from now on so that I may forward
the details onto my financial advisor for assessment.
After checking through my records I have no paperwork or any other reference to the account you are
chasing. I believe you are contacting me in error and any further correspondence from you in relation
to this account/debt will be referred to Trading Standards unless you have evidence to the contrary.
I'm sorry to hear about the problems you've posted about here.
As we've referred the account to a DCA it would appear that all did not go to plan when your left us. Not to worry though as I'm sure I can get to the bottom of things for you.
Once you've sent it you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this for me?
Hi. I have recently been contacted by FPC stating i owe vodafone money for a contract i wasnt aware i had. My contract ran out end of 2010 and i called to state i didnt want the contract to roll on. however, after being told over the phone by a vodafone adviser that it was sorted out, I left it at that unaware that i was being given false information and i was still being charged for something i wasnt using. After speaking to FPC about this they put the account on hold for supposidly 15 days from the date of a letter i recieved to sort out the dispute, but after recently being on the phone to them again i was told that the 15 days started almost 2 weeks before this date which is once again another misleading message. I was also informed that i still owe money because i apparently didnt cancel an already finished contract in the appropriate way and i personally am getting fed up with being given misleading information. The person i spoke to at FPC was rude and wasnt interested in what i had to say, just telling me i was at fault and i owe money. The way i see it is vodafone are giving out misleading information and are trying to rip people off!!!!!
Thanks for making me aware of the concerns you have here.
To enable me to be able to get these looked into further could you email the details of the account in question by following the contact information in our pinned thread here: http://www.consumeractiongroup.co.uk...With-Problems?
Once sent you'll receive an automated reply with a reference number. So I can make sure it reaches us could you update the thread with this and I'll get back to you as soon as I can?
Hi Mr Showtime,
Lee will help you out - he's helped lots of people on the forum.
Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)
Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS
Offered F&F to all my creditors. All closed out bar a particularly intransigent and stubborn one.
Does not condone debt avoidance but violently disagree with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!
had a letter off them yesterday as Lee has tried to help me in the past but had no joy from him
FPC have stuck there own outrageous charges on top of my vodafone Bill Over £85 of charges at least
I spoke to vodafone today when they emailed me stating they would get the debt back and id pay vodafone direct, and again no help whats so ever, i lost my job on thursday due to redundancy and made a very small offer but an offer to keep this FPC off my back and to remove there charges
Vodafone came back and said oh we would only make ap ayment plan of 12 months for £47.90 thats the minimum we would accept
see what i mean i make an offer and they refuse it, never known anyone to refuse money before so they obviously do not want there money
First of all, you Tell vodafone how much your going to pay and not they tell you, as it is a vodafone debt, pay them directly, as your also now on Benefits you can drop this to £1 per calender month if you so wish to do so, if it takes 196 years to pay off, so be it! A mobile phone debt while your on benefits is low priority, as usual, sort out rent/mortgage, council tax, electricity, gas, water, food, clothing, children's school dinners etc. first before any debts.
As to FPC's charges, just ignore, they cannot add charges unless it is specified in your original contract.
As your circumstances have changed, Give Lee another shout by posting a reference number and giving him a message with a link to this thread, how to do this is posted in post 9.
Stigman
<<------------------ I'm not Ben Collins, but I could be the new Stig
NEVER telephone a DCA
If a DCA rings you, refuse to go through the security questions, just say "In writing only" and hang up