Recurring phonecalls - Refusal to write

[nkomp18]

Dear group, I need advice about BCW who keep calling.

 

I have not acknowledged their claim and I can prove that I owe nothing. I am also certain I do not exist in the database of the client they pretend I owe money to.

 

They keep calling to ask for me to pay and I gave them my address to send me a letter with what it is I owe and why.

 

I suspect they have no letter to send, because no letter ever arrived. However, they keep calling and calling.

In our last conversation I asked for the second time that all communication from now on has to be in writing. Instead they kept asking my address as a "security question" claiming that they have it and that they need to see if it's really me.

 

They said it's their standard procedure to do this over the phone instead and I insisted that I refuse to converse and that I insist to receive everything in writing in order to have records of our conversation.

 

They said conversations are recorded and this should be fine.

Please help me, isn't it my right to want to communicate with them in writing? The phonecalls are incessant and I get no peace. How do I proceed with a company that has nothing to send to me but insists calling me?

 

Thank you

[loyalbrummie]

Have no contact whatsoever over the phone , because these vermin will tie you up in knots and get you to agree to anything .

Stop all communications with them and they will have to write to you then .

[Guest Orwell72]

You will need to write to them to request CCA there are lots of stanards letters on this site

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

lots of stanadrd letters there.

 

These pages offer a good insight into these how these people really work.

[42man]

Send them this letter....DO NOT TALK TO THEM OVER THE PHONE - once they have received the letter below, if they continue to call then write down the times and dates that they call...

 

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

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!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[loyalbrummie]

and do not sign it but print your name at the bottom .

[diamondstone]

I was looking for the template for you - but 42 man found it first! - (thak you for your input on my thread too 42Man) However I did find something else that could prove useful - look at this thread:

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html

 

Diamondstone

[nkomp18]

Oh that's utterly fantastic!! I'll do exactly that! Thank you very much!!

[nkomp18]

Question:

 

I read in the fora about the CCA request, but what is CCA? Does it apply to all debts or is maybe "credit agreement" somethign related to direct debit payments?

They are allegedly claiming I owe money to a gas/electricity company many months after I had finalized and cleared the last bill. So maybe I can't send the CCA request for that.

I am planning to combine the "do not harass me" message with the "what is it I owe?" message.

Does the 12 day rule apply for all debts? Please advise

[fuzzybobble]

Make sure they can prove you owe anything.

It's up to them to prove that you do, not you to prove you don't.

 

May be worth sending a letter to the gas/electric company

if you still have the account details to hand.

Then get them to confirm that you settled in full with them.

Once you have that in writing, you can send a copy of it

to any DCA who may come calling in the future.

[nkomp18]

yes I tried calling the gas company and they say I don't exist and that my address is not on their system. Go figure, bunch of clowns. That's why I'm pretty sure they'd have hard time proving I owe anything.

 

What kind of letter do I send. The CCA one is really good but I wonder if it's relevant in this case. Does the 12 day rule apply even for such debts?

[fuzzybobble]

Can you get it in writing from the electric/gas company that there's nothing on their system that says you owe anything to them?

 

Then send a copy of it to the DCA with a letter mentioning legal action if they continue to harass you. Hopefully they'll crawl back into the woodwork where they belong.

[Mr. Kipling]

woodwork? Don`t you mean the swamp?

[fuzzybobble]

When you have rising damp as bad as it is here

woodwork and swamp are the same thing.

 

Unless you know of a DCA who has recently

crawled out of the gutter?

 

Nope, that only happens in fairy stories.

[nkomp18]

The telephones keep occurring!

So i've written this as advised above. I'll send it today! Hopefully they will stop.

If there's anything more to add please let me know. Thanks

 

Re: Harassment by telephone

Reference number: x

 

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.

Your company claims that there is a debt to your client which I DO NOT ACKNOWLEDGE and you have failed to neither produce written evidence nor send the requested letter that describes the debt.

 

I now require for the last time that all further correspondence from your company to be made in writing only as well as all the required documents that back up the claim of a debt.

 

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.

 

Yours faithfully,

Nick

[fuzzybobble]

I just sent the same letter to Eversheds. (A DCA pretending to be a firm of solicitors that have never heard of the Consumer Credit Act. )

 

Even did the Harrasment by Telephone in 20 point red font + hilighted the main points of the letter in bold.

 

3 days later they reply with...

"We refer to the above and confirm receipt of your recent correspondence, the contents of which have been noted. Be advised that it is important that you contact our offices on the above number in order to disccuss your account."

Then in bold underneath, "It is important that we recieve your call."

 

How thick do you need to be to get a job at a DCA?

[2Grumpy]

If they don't have your address at the moment, you will be supplying it to them - just a thought

 

Grumpy

[fuzzybobble]

usually if they have your phone number then they also have your address. But as we all know it's easier to put someone on the spot and intimidate them with a call first.

 

I had loads of DCA's call me first. Till I told them where to go forth and multiply. Only then did they write to me, and the fun and games began.

7 months later and I still not paid them a penny, but then they've still not taken me to court or produced a cca either.

 

Apart from Direct line who went a bit quiet when I told them the illegible photocopy of a microfiche wasn't acceptable.

 

They know when they're beaten, but will still try it on, hoping you'll give in to their threats and pay up. It's what most DCA's rely on. But thanks to sites like this, times are changing and people are fighting back.