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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 SAR 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?
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.
Re: 'NO' to my request to stop harassing phone calls
I would report them.
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
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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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.
Re: 'NO' to my request to stop harassing phone calls
Originally Posted by ian cognito
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.
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!
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!!
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.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation 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.
Re: 'NO' to my request to stop harassing phone calls
Originally Posted by Robertxc
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.
Re: 'NO' to my request to stop harassing phone calls
The fos awarded me 300 pounds for Capital One's refusal to cease calls due to my 'reasonable' request. You need to write with reasons it seems and not just use the standard stop phoning me letter. Capital one use this template letter as a defence saying it is a method to avoid contact to avoid payment. Write a letter with reasons why calls should cease - mention you are always willing to correspond with them in writing. Unfortunately Capital one will refuse - letter will go from you and will be ignored. Keep a copy of each one.. start a complaint to FOS (it will take 1-2 years!!!).
I bought truecall in the end to give me peace of mind... 'in case' they called again.
There must be regulations / guidance regarding protection of those deemed to be vulnerable in addition to this requirement for the calls to stop if the request was 'reasonable'. I'm sure somebody will be along soon with specific acts / guidelines etc to advise you.
Re: 'NO' to my request to stop harassing phone calls
after getting behind on my account I have had to suffer the harassment like many of the phone calls. They change their number often and have been calling home line, mobile and work on a basis that has gone to the unbelievable (I even received calls at 2am and 3am). After looking through this website I complained to OFCOM and the FIS and sent the stop calling letter recorded delivery. They received the letter on the 2nd November and from the 4th November the calls did stop. However the past two days I have received a couple of calls (from another different number!). I then recieved a reply yesterday (dated 9th November)
"To advise, we only call if the account is in arrears and we do not feel it is unreasonable to keep in contact with customers who are behind with their payments. The calls will continue until you've made a payment arrangement with our collections department or you've brought your account up to date" (I pay £50 per month through online account access).
"I need you to know that our intention is not to harass or cause stress to our customers, but simply to see if we can help in any way. I've stopped the calls for the next 14 days."
"We are legally entitled to call you regarding your debt, and strictly adhere to current financial guidelines and legislation; I am therefore unable to stop calls on demand"
"I have removed your work number as you requested. I understand that due to calls being made at your place of work, you may be taken for disciplinary action. I am sorry that the calls have caused this action; this was not Capital One's intention"
"You mention in your letter, that you will be recording any further calls received from Capital One. Please ensure that you check with the agent, before recording the call, as you will need their authorisation"
what else can I do - can't continue with the calls again and I am paying them as much as I can currently afford.
Re: 'NO' to my request to stop harassing phone calls
Morning Socks&pants
I would contact your phone provider and see if they can provide you with a calls list of who has rang you. Ringing at that time of the morning is out of order.
It is wise if when you write to the creditor that you give a reason why you don't want them to ring you so when they ignore it, you have more grounds to go to the fos.
As for recording calls, you do not have to get their permission to record the call. You don't even need to tell them.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Re: 'NO' to my request to stop harassing phone calls
Hi, not easy I know because I have just this week received one automated call direct to my work phone, no introduction or anything - ring ring, hallo - recording started.
As for home it is a pain. I used to suffer it as well. I explained to BT they changed the number within 4 hours and I went Ex Directory. Then write the letter (found on the forum) to Capital One (keeping a copy of course), it tells them you are prepared to correspond with them but by letter only and also tells them you refuse to be doorstepped as is your right. Head up, good luck and read the posts from people like silverfox1961 and others.
Re: 'NO' to my request to stop harassing phone calls
they have called a couple ot times today - on the landline when I said that I was recording and that they needed to check their notes as their executive office had stopped all calls for 14 days from the 9th; she said goodbye. 1 minute later a different person on my mobile - as I went into the above speech they put the phone down. Then they called both landline and mobile again a couple of hours later - didn't bother to answer
Send this letter at least twice a week and get them to sign for it. Keep a copy with the date you sent it on. Insert in the letter that you are happy to correspond but will not take calls or be doorstepped.
Try and get your number changed. I hope you have got Called ID for incoming. Record and save any calls if possible. Its painful and troublesome but I'm sure there are others on here far more expereinced than I who will be along shortly. Chin up, easy to say especially from me who is on the verge of giving up but I have people who would miss me so I'll hang on and give them a fight I think.
Re: 'NO' to my request to stop harassing phone calls
Hi, Im having similar problems and got the same sort of letters as you and the continuing calls. I did what they said ad said I was recording the call & now just laugh at how they cant get off the line quick enough!!!! Surely if they were doing everything above board they would not mind the call being recorded!!
Am keeping a log of all the calls received and will then fire off another letter and if it continues will report to fos
'NO' to my request to stop harassing phone calls
about making minimal payments, due to difficult financial circumstances, and they ok’d this.
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Originally Posted by ian cognito
