Telephone Harassment Letters Not Respected.

[stormski]

Hi,

 

My problems with Capital One :evil: I sent an harassment letter off to them after receiving around 8 calls a day for the past month or so and i also informed them I'd be recording their calls from now on. Had a response back today stating that though they are sorry i find the calls harassing they are legally entittled to call and will carrying on doing so. Also if i haven't gained authority from the 'associate' calling me i wont be able to use these calls for any action i may wish to take and will have no right to use the calls for any other purpose than personal use.

 

So basically there going to keep harassing me!

 

Hi,

 

That is utter 'tripe'..

 

Record dates / times they rang...compile into spreadsheet...complain to relevant bodies.

 

THEN

 

If i were you..every time they call tell them to 'Foxtrot Oscor'..

 

They'll soon get the drift.

 

Regards,

Stormski

[clairebear11]

lol thanks Stormski. I thought they were talking through their backsides! I've noted down all dates and times etc as well as my recorded calls but will put them into a spreadsheet now to get it all in order. I feel like sending them another letter reiterating the fact that i don't want them to call, any more calls is harassment and any evidence i get will be used! I think a letter or complaint to the FOS needs to be done too.

[stormski]

Hi ClaireBear,

 

Play them at their own game...just say you need the company name, their full name and date of birth.....they'll soon hang up.

 

If they are stupid enough to give all that...just keep adding onto it...address....town...email address..etc.

 

This will make you feel a lot better...

 

Regards,

Stormski

Edited August 31, 2011 by stormski

[dpick]

When I used a transcript of a phone call in court the creditor disagreed with the transcript judge was very happy to have the recording played.

 

dpick

[Old Cogger]

Go to Flextel Telecons, get yourself a number free or buy one, read the site index then tell creditors that is your new number, or just quote the number in correspondence, you will get e.mail letting you know the number who called.

[Whoosh]

Hi ClaireBear,

 

Play them at their own game...just say you need the company name, their full name and date of birth.....they'll soon hang up.

 

If they are stupid enough to give all that...just keep adding onto it...address....town...email address..etc.

 

This will make you feel a lot better...

 

Regards,

Stormski

 

I went one better.... I made them answer security questions to confirm they were who they said they were.... they soon gave up after repeatedly being told "i'm sorry your answers do not match those on our files"

[stormski]

Hehe...

 

I like it. ( might have to borrow that idea )

 

Stormski

[Whoosh]

go for it.... I never gave them any details yet they expect me to answer 'their' questions.... sauce for the goose, sauce for the gander

 

If you have a particularly persistent caller you can always make up interesting questions - I did ask a caller from AIC what their p0rn star name was - he hung up on me

[stormski]

Hahaha.....

 

wonder what mine is.....

 

:lol:Stormski

[clairebear11]

I do enjoy giving them a hard time on the phone sometimes, especially if i've had a bad day It can be quite cathartic! I haven't had any more calls as of yet but when they start again I like the sound of Flextel or even a premium rate number lol I feel like giving them what for as i've told them I'll happily correspond in writing so i have a record of what's said etc but not on the phone - but that's just not good enough for them is it! Well tough luck Capital One if you refuse to write and i refuse to take your calls you wont be speaking to me at all then will you!

[Happyhippy1959]

Just on Skype meself and my mobiles in my mates name.... heeeeeee,,,, So if ever and that is very rare I call a DCA they have no trace back to Skype....... And NO you don't need to give them your telephone number in fact YOU NEED TELL THEM NOTHING ( Writing only )

[clairebear11]

Just an update...... Capital One calls HAVE started again!! I had Sky's Last Caller Rejection service put on a couple of days ago but it only holds 10 numbers and I'm already up to 9!! My caller i.d and 1471 lists all there calls coming from 0113 212 2992 but the real number there calling on (there private i.d that only service providers can trace) seems to be different each time! I cant afford TrueCall at the mo so i've logged them all as nuisance calls with Sky and put in an application to change my number. I'm so angry how they've disregarded my request to stop calling and write only.

 

I found this on the internet about the Data Protection Act and the right to revoke consent, I wondered if anyone knew if this was correct?

 

Right to revoke consent

The processing of personal data requires prior consent from the owner of that data, except in cases provided in law. The person who has given consent has the right to revoke it through simple means that do not imply any payment whatsoever.

 

How to exercise this right

This right may be exercised by sending a prepaid letter to the data controller or by calling a free telephone number or public helpline service (there can be no obligation to send registered letters or call high-tariff phone numbers).

 

Time to respond

The data controller must stop processing the data within a maximum period of ten days from receiving the request. If the data subject asks for confirmation of the cessation the data controller must expressly answer this request.

I'd already sent another letter off to them before i saw this, but if this is correct perhaps i should write again but directly to the Data Controller of Capital One?

[huggy41]

is what you mean.

 

 

Right to prevent processing likely to cause damage or distress.

 

(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b)that damage or distress is or would be unwarranted.

(2)Subsection (1) does not apply—

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b)in such other cases as may be prescribed by the [F1 Secretary of State] by order.

(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

(a)stating that he has complied or intends to comply with the data subject notice, or

(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

[clairebear11]

Yeah i think that's it. I could only find a small paragraph about it but not the whole thing, i knew if it was correct someone on here would know! I have already written to the 'Executive Offices' twice about it but I'm still plagued. Should i stick all that in a strongly worded letter and send it off to the Controller himself? I've also obviously kept a record of my two requests and a log of all calls so far so would the ICO be interested and be the right people to complain to?

[BRIGADIER2JCS]

Any complaints of this type

should be addressed to the COMPLIANCE

MANAGER / DIRECTOR all else ends

up back with customer dis service:madgrin:

[clairebear11]

Can't find the address for the compliance manager only there Data Controller at what i think are there head offices (CAPITAL ONE BANK,350 EUSTON ROAD, LONDON, NW1 3JJ) If i write it to the Compliance Manager but send it to this address should that do?

Edited October 1, 2011 by clairebear11

[BRIGADIER2JCS]

That will do fine it's just

the next desk along:madgrin:

[BRIGADIER2JCS]

One is retiring now to the comfort

of an armchair and a Laaaaaaaaarge

brandy:madgrin:

[Nishikigoi]

Used to have a 3 PAYG mobile that paid 5p per min on incoming calls; "I'll see if he's about" was followed by regular noises and being ignored, they used to hang on for about half an hour!

 

Since sending Crapquest and others the "Don't call" letter it's been quite peaceful and recently we dropped BT for a Virgin (in both senses!) phone line, almost too quiet now!

[Happyhippy1959]

Oh how I miss those day's of the DCA's calling night noon and day........ I long to here there bullying and pleading,, even caught me on the Loo once... Egg had a great policy of nice cop one minute then five minutes later bad cop yo boys i miss you all......... When I just yawned and said ( SEE YOU IN COURT I AM NOT INTERESTED IN YOUR IDLE THREATS ) they would hang up... Tell me if I am right on this, the more you don't care attitude or should I say the more we know our rights the less the calls become.!!!!!!!!!!!!!!!! mind you always got a wide boy on the block who thinks he's the top enforcer ( me West Highland ) has more force than those muppets.. Ignore the long hair and love and peace HIPPY HATES DCA'S WHO BULLY...

[huggy41]

i love it when they ring and i say can you ring me back on my new number as this one will run out of battery,

and then give them the number of a DCA. STARTING 01 OR 02 funny how some of these idiots don't know there own telephone number

[padja]

I miss my daily phone calls from DCA's I miss their "we need you to confirm who you are for security purposes" and my response "ok but before we start I need to confirm who you are for security purposes" that was normally followed by silence then "we know who we are sir but...." well thats good because I Know who I am too" silence......... then they followed with "you really need to speak to me" followed by my stock response "why are you lonely? dont you have any friends? awwwww I'll talk to you then....what football team do you support?" they then nearly always hung up and then got numpty at next desk to ring me back and so it started again

[ajs444]

Had 4/5 calls a day from Barclays First Plus running from July 2011 to January 2012 some 800/900 phone calls on mobile/landline eventually followed up with a visit from a DCA.

 

First Plus say they are entitled to do this, even though I sent them no phone calls letter and no visit letter, worringly FOS agrees with them.

 

This was when I was off work sick and First Plus were informed by this in writing and were regularly updated on when the arrears would be cleared.

[brokebutnotbeatn]

no. this is harrassment. formally complain to Barclays and research harrassment on this site as you'll find some useful threads.

[BRIGADIER2JCS]

This a matter for a complaint to the OFT, gross breach, they are

not entitled to harasss anyone.