Hi Guys,

I've been having problems with a DCA calling up, and refusing to stop as it was really bothering me. On another forum, I found the following standard letter template (thanks to [edited: They may have pointed this site to you, but we certainly can not carry link to sites that sell consolidation loans, etc]*apologies from adridude* and markd for pointing this site out to me)

Dear SIr/Madam,

Ref. XXXXX

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

Joe Soap

--------------------

The Acts

Communications Act mentioned can be found at: Communications Act 2003

Administration of Justice Act mentioned (not on OPSI site as they have Acts from 1988 onwards searchable) states:

Section 40(1)(d) of the Administration of Justice Act provides that a person commits an offence if,

with the object of coercing another person to pay money claimed as a debt due under a contract, he

utters a document falsely represented by him to have some official character or purporting to have

some official character which he knows it has not. Section 40(1)© provides that he commits an

offence if, with that object, he falsely represents himself to be authorised in some official capacity to

claim or enforce payment.

excerpt from the below mentioned OFT publication.

Handy Publication from OFT Reenforcing this:

http://www.oft.gov.uk/NR/rdonlyres/66BD8ACC-9DA8-472D-B7B0-8B0B6A3D0DBB/0/oft298.pdf

I hope this helps, and should urge you to use the OPSI website (Office of Public Sector Information). I've learnt to use it alot since joining this site, and have learnt a wealth of information.

The law definately is behind us!

Reagrds

Adridude (cat in the ?hat?)

oh yeah, not to beg for comments on my post, but if it helps, could you click on the scales in the top right of my formerpost? I would like to start giving back what you (CAG/BAG) gave me. Confidence and strength!

thanks

Adridude

By the way, I just thought. I didnt send them any previous letters, so i slightly altered the one I sent to them as follows:

 

Dear SIr/Madam,

 

Ref. XXXXX

 

Despite my letters and communication regarding ANY communication from your company, which stated that

 

If they say that received no prior letters, just backdate a few, asking them in different manners, and resend them, alltogether as registered mail with a cover letter explaining that they weren't sent registered. I wouldnt advise more than 2 though!

You arent legally obliged to sent any mail registered, although it is a good backup for those people who say 'we never received it'

I think it would be completely out of order to backdate letters and pretend you sent them previously. Should any of this get to court, you would either have to admit to this deception and risk your case being thrown out, or deny it and commit perjury. You are complaining about unacceptable behaviour and fighting it in an unacceptable way. This site is about fighting our corner because we have right on our side, and what you are suggesting is not morally right, and probably not legally either.

good point. point taken.

A point I do have to make here is that BEFORE it gets to court, what you experience, feel, and tell your lawyer (here solicitor) are allowed to be 3 different things.

Once it gets to the court stage and legal papers that GO to court, BE honest!