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  1. I used to have a credit card with Vanguis, and for two and a half years have had all kinds of problems with them. In 2011 my income dried up as a result of government cuts which removed my workstream. I was unable to pay Vanguis as a result; prior to this I had paid my balance in full or near enough every month. I started to receive telephone calls from them up to 10 times each day, and each time they called they demanded money on the spot. The sums varied and every time they called I had to explain my circumstances afresh. Their staff were in general abusive and unco-operative. This continued for well over a year. Despite my paying PPI to the firm every month, they delayed sending me the forms to claim for several months. When I finally received them I returned them, and discussed the case with them over the telephone at which point I was assured that there was no problem with them. I then heard nothing for approximately three months and the telephone calls continued. One afternoon I received a call from them and I mentioned this policy; they told me that I could not claim under it as I was not eligible to claim, and their representative atempted to intimidate me. During a heated conversation with them I began to suffer severe chest pains which continued after the call ended. I called my GP and was seen shortly afterwards. For two to three weeks afterwards my left arm was numb and I suffered 'pins and needles'.. . the classic symptoms of a stroke. I logged the calls from this firm over a sample period and they were being received at a rate of six to ten per day. I estimate that I have received over two thousand calls or attempts to call me from them. In 2011 I reported them to the Ombudsman Service, who sought 'permission' from Vanguis to pursue the case; needless to say such permission was not forthcoming. After my stroke in 2012 I complained again to the Ombudsman who rejected my complaint on the grounds that Vanguis disallowed it as my response was 'out of time', despite my having received no correspondence from them to respond to. Finally, the Ombudsman agreed to look at it again. By this time the telephone calls had stopped, yet Vanguis continued to charge me increasing sums every month for their Repayment Option Plan despite them plainly having no intention of honouring it. In summer 2013 the telephone calls began again, and somehow they managed to get hold of my father's telephone number and began to call him. His telephone account is in his name, he lives nowhere near me, he is a war veteran of 87 and in poor health. While visiting him, I learned that they had been calling him; he was distressed by the calls and harrassment from Vanguis, and the stress it caused him led to him being admitted to hospital where he remains. Vangius has damaged the health of two people; myself and my father. I have been informed by that I have absolutely no legal right of redress against them for the actions they have taken against me. I have sought additional advice and help and none has been forthcoming. Requests I have made for help have not been answered. In Britain in 2013 outfits like Vanguis act with impunity the authorities appear to have no powers over them. Complaints are ignored or casually dismissed and we, the victims of their greed, suffer. The Ombudsman is no help.
  2. Hi everyone, I'm just wondering how it is that I have been contacted by a debt collector that called me from aa number that shares my area code? It's a real pain as I really don't want to talk to them but when I seen local area code assumed was one of my family or friends. I didn't go through the security questions so didn't have to talk to them but just annoyed they can do these sneaky tactics. Is this method all above board or should I complain?
  3. A company called MacKenzie hall have left at least half a dozen messages on my 1571 service since sometime in November. I rarely use my home phone, so I only noticed them yesterday. I looked up the number, and the company, and they look to be a debt recovery company. I signed up for a 30 day trial of the credit reference agencies, and can see that MacKenzie hall have made a trace search on me! I do have debts (who doesn't) but they are managed, and all in good shape - the reference agency information all appears correct with nothing untowards showing. So, this morning I phoned the number left by MacKenzie Hall, and after telling me that calls would be monitored, then conversation went like this:- MH: Do you have a reference number starting with M? Me: No MH: Have you received a letter in the post? Me: No MH: Have you received a telephone call? Me: Yes MH: What is the phone number? Me: MH: And your name? Me: MH: And the first line of your address and post code? Me: Er - you tell me - I don't know who you are, and I don't want to give you that information because you could be anybody MH: Well we need to confirm that we are speaking to the correct person Me: Well I don't know who YOU are, so I want you to confirm yourselves MH: Then we end the call here. And that was it! Am I in the wrong here? I honestly don't know what they want to speak to me about, but surely, if a compnay is wanting to speak to me about something personal, should they not have to pass some form of check as well? I'm not comfortable just dishing out my information...
  4. Hello everyone, First of all, sorry if I ask something here that has been asked hundreds of times. I know what that's like. I'm looking for a bit of advice. CapQuest called my work today (actually my colleagues phone behind me) - I've no idea how they got the number there are literally thousands of phones in our site. I briefly spoke with the loud lady - I didn't identify myself by name though my work colleague had passed the phone over after she asked for me so there's that. She identified herself and I duly informed her she was calling a works phone and that I couldn't help her. She said she'd call back later and we both hung up. This came as a bit of a shock - they have been calling my works mobile, but I'd done a quick internet search on the number and used my Blackberry to flag it as spam - but I was taken aback about them contacting me at work. As I did not speak with her for long or ask any information I can't say for certain why they were after me. I've had the odd letter over the past few years for a small amount of money which I think goes back to a mobile phone contact I had and defaulted on approximately seven years ago, which I've ignored to be honest. I'd like to know a few things if possible please: 1> Can they legally call a works phone? Despite being disruptive, it's embarrassing. 2> Can they still chase me after all this time? My understanding is it's six years and that's it - but is it six years since I cancelled my direct debit to O2, or six years since CapQuest received the debt? 3> What do I say when they ring up next, because I suspect they'll just keep calling and I can't block them from all the works landlines? 4> If I query the debt, is this acknowledgement and does it open me up to further problems? 5> I doubt I can but could I call the police for harassment? 6> Can I request, again without causing more grief for myself, information on where they got my phone number at work? Literally no-one other than Government organisations and internal staff have the number. Sorry to be so demanding I'm somewhat concerned. Thanks Phil
  5. Hi Caggers I have a debt from a personal loan with LloydsTSB, which has been to several DCAs, and now ended up in the dubious hands of Iqor. I did the usual and sent a CCA request, to which I received no answer. So after the statutory period I sent a "Debt in Dispute Letter" stating very clearly why I dispute the debt. A few days later, Iqor wrote back to me saying that they were investigating this. But they clearly weren't contented with that. I have now started to receive phone calls at all hours asking me to identify my self to them. When I ask who is call ing they just say that it's on behalf of LloydsTSB and that they're calling from Preston. When I ask for the company name, they say that they're not authorised to give that information. I know it's Iqor because I did a check on the number. I said that they were being unreasonable to expect anyone to give out personal information to someone who won't give a name, and was told that I should just do as I was told! Any ideas please?
  6. Hi I hope I am posting in the right place (First time) When my family moved in to our current house about a year ago we were getting calls for the previous tenants on an hourly basis. Talking to the neighbours it seems they left in a hurry and it sounds like they where in a lot of debt. The calls slowed down to about 2 a month so was not to bad until 4 weeks ago when we were getting calls every 3 hours from injury lawyers saying about our recent accident when I said that I don't have a car and have never had an accident they asked if I was Mr (last tenant), I said no and they had moved over a year ago. The person at the other end said that the number had been given to them in the last few days but would remove it from their system. More calls followed so I think that the last tenant was still giving out 'his' number... I asked my telephone provider to change the number which was done promptly and without fuss. I am now getting at least 1 call a day from the Halifax asking for someone I have never heard of. When after a few calls of "we will remove your number from our database" has had no joy I am at a loss as what to do. I have registered with TPS but this will not stop them as it is not direct marketing. When I rang Halifax I was told that with out the customer name and password etc they would not change records because of data protection Can anyone please tell me who I need to contact to stop these calls. Many thanks in advance Mark
  7. Hi all, Just today one of the admin assistants where i work told me she'd received an automated message for me saying it was someone from CRS asking me to contact them, they gave a reference number and a contact number. This is embarrasing as i work as a community mental health nurse and its my place of employment, i also received the same message as a text to my work mobile phone. I do not want to contact them in case that is viewed as me acknowledging a debt. I believe that the numbers were probably given by my ex partner many months (4years+) ago to a DCA. Is there anyway that i can ensure that no more of these calls are made to my work numbers?? Thanks
  8. 1. The issue I bring to CAG is a matter of alleged harassment of a Debtor by a Creditor. In that My wife and I allege that the course of conduct complained of constituted a course of conduct which on the balance of probability a reasonable man in possession of all the facts would consider to be harassment. 2. The Legislation The relevant language of the Protection from Harassment Act 1997 reads as follows: Prohibition of harassment. 1(1) A person must not pursue a course of conduct— (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other. (2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. Offence of harassment. 2(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence. (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. Civil remedy. 3(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question. (2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment. Interpretation of this group of sections 7(1) This section applies for the interpretation of sections 1 to 5A (2) References to harassing a person included alarming the person or causing the person distress 3. We also allege that sections of both the Consumer Credit Act 1974 and the OFT Final Guidance on Debt Collection have been breached. As well as breaches of our right to privacy and BC's implied obligation of confidentiality owed to me, the First Claimant their customer. 4. To summarise, starting in mid 2006 I began to suffer some ill health. By November of 2006 I had been off work a number of months and my condition was still deteriorating. During November of 2006 I wrote to BC with whom I had a Credit Card account, requesting that they accepted a reduced monthly repayment on the ground of my suffering financial hardship due to the health issue. 5. From this point on and until approximately mid 2008 the account concerned was serviced in the varied manner. Then during the summer of 2008 BC bought up another debt in my name from another Credit Card Company.(Morgan Stanley Dean Witter Card Services) I claim that from this point on there followed a catalogue of utter confusion, errors and the alleged unlawful harassment acts on the part of BC. 6. Our case is that BC made mistake after mistake with the account, sent bill after bill and threatened the me with letter after threatening letter. 7. The Debt was then passed between a number of agents, and I then began receiving repeated, frequent and duplicated demands from them all. Each company vying for the payment. 8. We allege that there then begun a campaign of telephone calls and texted messages, again frequent and duplicated from the numerous companies, these calls, numbered into several hundred calls and spanned over two years. Starting in Approximately September/October of 2008 and continuing until February of 2010. 9. We claim that us and our witnesses will give evidence to demonstrate that nothing any of us could do, would influence or stop it. We will offer the court a large quantity of written communication all of which supports my case. I will argue that matters got so out of hand by the autumn of 2008 that I declined to communicate with BC by telephone, instead, I insisted that BC write to me. 10. We also allege that the calls received from BC and their agents were received on two different numbers, calls to our home telephone and calls to our son’s mobile. The calls then took four forms; Silent calls, manned calls, left messages and texts. Due to my poor health; a walking disability and my daily use of an IPAP lung ventilator for 9 hours a day, it is claimed that it was normally my wife who had to go to answer the home telephone. This disturbing both her rest and her work. Our son had similar experiences, receiving repeated and frequent calls from BC and their agents. The threats, texts and demands made to the son’s mobile telephone were similar in nature to the ones received by my wife and I on our home telephone. 11. It is claimed that the basic thread of the demands and threats was; that unless I made full payment of an outstanding balance of almost £9000 then BC or their agents would start legal proceedings, BC would send out a debt collector to our home and, BC would keep ringing until they got what they wanted. 12. We for our part wrote letter after letter to BC and their agents (Mercers and Calder) pointing out that I was very ill and that I was unable and unwilling to discuss matters over the telephone with BC. Instead I suggested in my letters to BC that they contact me in writing and by so doing, there would be a clear record of what was said and done by both parties. I allege that BC very rarely responded to my letters and that when they did they evaded my points preferring instead to make their demands. 13. In 2008 when the calls and texts began I wrote to advise BC that they were in fact texting and telephoning my son on occasion and that this was causing both father and son embarrassment and breaching my right to privacy and confidentiality. There followed a number of other calls and letters on the subject but again nothing could stop BC's calls and texts to our son. This so much so it is claimed that the last call and message received from BC in February of 2010 was received on the mobile telephone which our son had been using. 14. My wife has given evidence that on two occasions she tried to telephone BC with her complaints, (with all the difficulty of getting through), but to no avail. Mainly her efforts and my efforts, letters and calls received no response. 15. Sometimes during the calls I claim we received apologies and assurances from BC that the calls would stop. Unfortunately we will give evidence that any comfort taken from the assurances made by BC was short lived as invariably the calls restarted usually within hours and the bills and threats continued. 16. Finally in January 2009 I complained to the Financial Ombudsman’s Service. I complained that our Christmas 2008 had been devastated by the barrage of calls received from BC and their agents. My complaint to the Financial Ombudsman Service was upheld and the Ombudsman ruled in my favour in July 2009. 17. During the Ombudsman’s investigation it became clear that BC were ignoring the Ombudsman’s communications too. On this I will offer the court copies of the chase up letters sent to BC by the Ombudsman. Which we believe will show the Ombudsman’s frustration. I suggest that these letters, and the Defendants lack of concern and response, demonstrate just how off the lead and out of control BC's attitude and ethics are. 18. As a result of the Financial Ombudsman intervention BC ultimately agreed to delete mine and my sons mobile numbers from their systems and agreed to change the preference on my account to written communication only. It was suggested by BC that they had taken these steps to avoid future issues. Unfortunately we allege that even before the Ombudsman had finalised his case BC resumed their calling and texting campaign again. There followed several hundred more calls. These calls climaxing again around the Christmas holiday of 2009, with us receiving 10, 12, or 14 calls in a day on some days and that these calls and texts continuing to the early part of February 2010 which is after the issue of this Claim. 19. I have stated that my wife and I have wasted many hours writing to BC in an attempt to communicate with them and stop the harassment we have suffered, more importantly, both of us were brought to a state of considerable anxiety, frustration and distress by the constant calls. I lived in constant fear, not knowing whether debt collectors would call at any time, whether I would have legal proceedings served upon me or whether the calls would just keep coming. It can be seen that even after giving assurances to the Financial Ombudsman Service that BC still continued with their campaign of calls and took my wife and I to the point of having to issue the current proceedings to stop the calls. 20. We claim that BC's course of conduct amounts to unlawful harassment contrary to the Protection from Harassment Act 1997, that BC have also breached the Consumer Credit Act 1974 and have breach virtually every aspect and rules laid down by the Office of Fair Trading within their “Final Guidance on Debt Collections Activity”. 21. We claim £0,000 for distress and anxiety and £0,000 for financial loss due to time lost, loss of enjoyment of their home and their home life in dealing with BC and their agents. My principal object is to end my relationship with BC. 22. We believes that BC's debt collection policy is one based on harassment, that BC use the illegal tactics complained of in this matter and do so , knowing full well the levels of distress and damage they are causing. We also believe the acts we have witnessed have formed a cycle of events and that we have, during their long period of harassment, gone through almost three cycles of BC's harassment machine. 23. We believe that BC cannot blame their information technology or blame their acts on simple mistakes and omissions. We believe we can satisfactorily demonstrate to the court through witness and documentary evidence that BC knew of the impact their alleged actions. Or at the very least “ought to of known” the impact of their actions. And that the said actions complained of by my wife and I do so constitute a deliberate “course of conduct” and that the “course of conduct” amounting to the harassment complained of and was of sufficient “gravity” to be likely to cause distress, anxiety and loss to us, the Claimants, which is the test we have to satisfy, on the balance of probabilities. 24. I feel sure we are not alone in their suffering and that BC should be forced to change their business practices and policies complained of and, that this enforced change would be in the public interest. We maintain that BC were responsible and liable for not only their own actions but for the actions of their agents and had a duty to ensure the acts of all others were compliant with the law. We contend BC wanted all of the profits from the accounts but were unwilling to accept any of the responsibilities. 25. BC state that they deny each cause of action relied upon by us and puts us to proof of all matters alleged against BC. 26. I allege that it was I who had an account with them failed to keep up with repayments and that this resulting in arrears developing and consequently charges were levied and debited to my account. These charges were added to the balance each month. 27. BC make no admissions in relation to the operation of the second (Morgan Stanley, Goldfish) account which they claim they took over control of in October of 2008. BC claim they wrote to me in the January of 2009 stating that they acknowledged that a repayment plan which was established in June 2008 was in existence in relation to the Master Card account. 29. In the Defence BC make no admission as to the relevance of any complaint to the Financial Ombudsman Service concerning the matters giving rise to the claim. BC makes no reference to the findings of the Ombudsman after his investigation or the alleged assurances given to the Ombudsman by BC in relation to their conduct towards me. 30. BC deny making calls to me in the October of 2008 and further more it is denied that any such calls were made by BC to me amounted to pursuit of an unreasonable course of conduct which amounted to the harassment of me. Instead they state that there was a default under the repayment plan agreed and that accordingly BC were reasonably entitled to attempt contact with me, so as to discuss the default and to make an arrangement for the default to be rectified. 31. BC make the point that both of the accounts I held and referred to in the Particulars of Claim were not linked. 32. BC deny that they harassed our son with “almost hourly” attempted calls from November 2009 onwards as has been alleged. 33. BC do admit that I had written to BC that BC was at all material times fully entitled to demand either a full or partial repayment of the balance due on the Platinum account and the Master Card account. 34. BC have denied all of the Claim stating that they have done no wrong; that they have done all that is required of them. BC contend that their conduct was all part of their normal business activity in an attempt to recover debts which were owed to them by me. 35. BC maintain that it is perfectly acceptable for them to treat consumers in the manner they did. BC impugn the allegations made in full and have argued that some of the incidents complained of by my wife and I simply did not happen. 36. BC have put me to strict proof and deny all of the Claim. If anyone in CAG land has any ideas, law I could use or advice I would welcome serious input. My case is set for court in November and my battle against the Giant BC will begin in ernest. Does anyone know of a Barrister that will take direct instruction on a case like this. Does anyone know a good cheap barrister? Wish me luck!!:mad2:
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