Reporting Harassment

[Jhawc24]

I will not be leaving my new number here for any new tenants (and I'm not going to be with the same landlord), however I would feel guilty about them being hassled with continuous phone calls.

 

I've look on the OFT website and it's not clear as to where I send any complaint, need to check out Trading Standards. It's difficult for me to get to CAB because of my working hours. Any suggestions - apprecialted! Will be offline for a few days whilst moving house.

 

Thanks.

[close]

Please can I add. HSBC repeatedly called me and where very rude. I had stupidly, given my Mobile No to them...... . Never do this, they will ABUSE this privilige.., a lot of these call centres are open till 10pm -gr8 I know!! They will Harass you they are on commsission, they will do anything!

 

To stop them I logged my call with my mobile phone co. you log 5 nuisance calls and they did a free no. change what a relief -didn't even need a crime ref no or anything!! Did they call me? did they fuke! HSBC ARE many things but they A'int Psychic thank- goodness!!

[lickthewallfatboy]

This is a link to an online complaint form to the OFT to report harassment-

 

http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

[close]

hello-and- thankyou, it definately can't hurt to report this, if I need to vodafone have recorded the calls this info aswell so I can compile evidence against these horrid people.

[Roni Richards]

I spoke to the CAB as to what is construed as harassment i.e. number of calls received per week from an individual company.

 

The reply was upon receipt of three calls per week would be regarded as harassment.

In addition, once an arrangement has been agreed - All calls should cease unless that arrangement is broken on your part.

Therefore if you have come to an arrangement with your bank (get it in writing) any further calls would be regarded as harassment. (keep a diary).

 

See my original posting

 

Hope this helps

 

 

Malcontent - CAB suggest only THREE CALLS! I have truly suffered at the hands of AMEX for weeks calling me first on my mobile then on my landline immediately afterwards (same numbers) - up to 10-15 times per day over seven days! I have written to AMEX asking for them to stop, contacted trading standards and wrote to the OFT and only now after joining this site and my threat to take matters further (will approach CAB asap) they have stopped! Thank you all for your postings - it has been immeasurably helpful!

Roni.

[BobB]

Hi Everyone

I am in debt to several credit card companies. I wish i wasn't but the facts are that my business of 30 years, which I am trying desperately to save, has suffered a major set back in the last two years and my income dropped 80% or more. That's life I'm afraid but it is hardly my fault because I kept up with marketing etc. invested in new technology but life has changed and we're in recession.

Well. I've found out the names of some of the management at some of the companies but they are all unwilling to answer personal correspondence. Threatening computer generated letters, as well as phone calls, all constitutes criminal harassment but even despite telling these companies that I will take legal action they still do not resist. Why is that they do not get the message that these constant harassing calls from brainless morons serves no purpose other than allienate us from wanting to try and sort the problems out?

I have now written to my Member of Parliament because it is high time that the question of disreputable credit card company tactics became regulated by law. We have to comply by the law but it appears the banks, being banks, just flaunt the laws. It has got to be stopped. I am now going to approach some TV production companies because the whole issue needs blowing up in a Whistleblower type programme.

I have proposed to my MP that he raises such issues as:

1) the c/card companies should list the names, contact details (including e-mail addresses) of their senior management to enable customers to contact them by letter personally.

2) They must be prosecuted for harassment and if they continue then their directors should be held responsible and fined heavily (jail would be better but I'll leave that one for later) and if they still persist they should lose their licenses to trade.

3) They should be prevented from "black listing" customer that have fallen on hard times with the credit reference agencies thus making life hell for us for at least six years.

4)Their late charges, other penalty charges and interet rates should be pegged by law to a reasonable and affordable level. Note: since the OFT ruling over late payment charges many cards have raised their interest charges heavily. They must be stopped from these sorts of activities.

In short they should all be made accountable for their actions.

 

Yesterday I received 3 letters all signed with the same signature (Martin Lindsay - Senior Collections Manager) at Bank of Scotland (or HBOS) One told me that my credit limit had been reduced for non-payment; the 2nd demanded a payment and the third was printed on the letter head of a firm of solicitors and debt collectors threatening to take me to court if I didn't cough up £14,000 in 7 days. This is despite writing several personal letters, one sent by Registered Post that I am waiting for replies. I have come to the conclusion that Lindsay is not a real person but is a computer generated name. These letters, along with my complaint will be going to the Banking Ombudsman and the Office of Fair Trading with my complaint this week.

 

Another source to complain to is the Financial Ombudsman Service, Customer Contact Division, South Quay Plaza, 183 Marsh Wall, London E14 9SR ...web site Financial Ombudsman Service e-mail: [email protected] Let's all inundate them with our complaints to force them into action.

 

Let's get together and fight these vermin.

 

BobB

[thewifeandI]

If you haven't done already, you should get in touch with the CCCS to help you sort out your unsecured debt - they are free, confidential and impartial.

[Roni Richards]

TWAI, thank you for that!

 

I know trying to tackle the credit card company alone is not going to be enough. Dealing with the debts and managing creditors is the only way to resolve my problems all round. I will make contact with them and see how things go.

 

On another matter, I'm still reading through this site in respect of charges levied through my bank, but once prepared, will go after them with all guns blazing!

[Guest The Terminator]

You can also use Section 1 of the Protection From Harrassement Act(1997)

[psingers]

Great thread

Hopefully 3 weeks of phone calls will come to an end.

Paul

[pugsley]

I'm getting lots of calls from various 0870 numbers where they just leave their name such as Shirley , obviously I know they are from some company chasing debts, but they should not be allowed the misrepresent themselves in such a way by never mentioning the company

[BobB]

This is the problem. The banks (read credit card companies) use every devious ways to try and reach us by phone and the only reason for this is because the bas***** want to extract money from us on another issuer's credit card.They are calling me several times every day at exactly the same time (computer generated calls?) but I won't answer the phone. I believe if the banks cannot provide the names and contact details of real living people who we can contact and who are answerable for their actions, then they should forfeit their rights to be repaid. How on earth can we ever sort out these problems if all they do is send computer generated threatening letters but refuse to answer genuine correspondence from us whereby we are asking for their assistance to resolve the problems. I am now awaiting response from my MP on the issues raised earlier. We must find these people tooth and nail because they refuse blatantly to play by the rules. If these banks bothered to answer our letters with the same levels of efficiency that they give their cards away, then maybe some of us wouldn't have found ourselves in so much difficulty.

 

Thanks Wife and I; I have sent my problems to the Counselling Service and I am waiting to hear from them.

 

Regards

BobB

[Roni Richards]

The one day that I kept a log of the calls from the caller display, there were a few calls from 0870 numbers but also a string of calls from mobiles starting with 07703 - I guessed they were from corporate mobiles (issued to AMEX staff) or a computer generated number too! total calls = 15 from 8.30am to 9.00pm on a Sunday!

 

The calls have stopped (hopefully for good) but have already made my complaint!

[psingers]

If any member has the addies/tele ect of these call centres it might save a lot

of grief, I have looked but unable to find them.

Paul

[BobB]

Hi

It seems they don't want people to know their numbers and contact details which I feel is extremely wrong. What are they hiding?

I am getting daily calls from an 0236 number (actually about 8 a day) but I don't answer them. I tried calling it back to see who it was but the number is blocked and is only for outgoing calls. They are really devious.

 

Best wishes.

 

BobB

[JULI99]

Told Credit Solutions To Put Everything In Writing So. They Wrote To Ask Me To Call Them. Lol

 

Juli99

[Laiste]

Hello everyone,

 

I sympathise with anyone who has or is experiencing harassment, I've been there myself! A couple of companies I have had dealings with, have instigated legal proceedings, which I am fighting vigorously. HFC (Marbles card) are particularly bad and telephoned upto 10 times a day! I have logged times and dates of calls, but to put the wind up them, which I would recommend you do also, is send a DPA request requiring details of all telephone calls made to your landlines, mobiles, work numbers, from their Collections departments and any other dept, connected in any way whatsoever with recovery of the debt. Also insist upon the comments added to the memo lines and any other info logged about the account. The memo lines are what these braindead morons write on every time they speak to you by telephone. Some of them are stupid enough to write remarks that are a defamation of character. You could pursue them on this basis, equally, if they are recording info that is incorrect it is also a breach of the Data Protection Act 1998. You have to remember these companies pay peanuts and employ monkeys, the scope for cock-ups is huge! Fight back these parasites deserve all they get!

 

I hope this is helpful.

 

Regards,

 

Laiste:)

[Flagg913]

HFC are terrible for phoning, I have a debt with Beneficial Finance, was paying £136.18 to them,but now i can only pay £34.00 per month. HFC started phoning this month because i haven't paid december's payment, i actually payed this in november with my november payment.

 

HFC first rang me, and demanded payment, when i calmly told them that i had payed december's they said no you haven't, so i told them to ring the manager of beneficial finance and speak to him.

 

Twenty minuted later i recieved a call from the manager at beneficial finance saying he had tried to explain but she just would'nt listen and even said she would have his job.

 

So HFC even manage to terroize they own companys lol

A bunch of muppets all of them.

[Vulture_Bank]

bump 2

 

this is a second thread i've found on harrassment

[thesergeant]

We should all definately complain OFCOM, OFT copied to your MP etc etc. Serving a SAR on the companies for details of all phone calls and staff notes is also a brilliant idea.

 

Another addition would be to obtain your own 0870 number, inform all the companies that that is the only number to reach you on (10ppm, of which you will earn a %). These can be obtained from numerous places on the net either for free or for a nominal fee. They link onto your existing number so there is no additional line rental fee. :-D:-D

 

If we all take these combinations of actions the numerous financial institutions may just begin to get the message .........................

[barneykins]

Thanks for this brilliant information.

 

I have had no end of trouble with MBNA recently, I am in the process of trying to go through an IVA as I have loads of debt and this seemed to be the only option available to me.

 

MBNA are the only company that have been awkward with me, and forinstance yesterday they called me nearly ten times during the day, five of those times were when I was at work, I have explained on numerous occassions that my company I work for does not allow private calls, but this seems to fall on deaf ears and they continue to harrass me at work.

 

It is very upsetting when companies harrass you, I have explained my circumstances, even sent a complaint letter direct to MBNA, stating that I have been close to suicide because of my debts, but they dont seem to care, they only care when their next payment is going to come.

 

So I will keep looking at this site, its nice to know that other people are in the same boat as me.

[blfamily]

Some brilliant info - we can relate to HFC/Beneficial Finance and the oh no you haven't oh yes we have calls.

[Snorkerz]

FWIW, Lloyds TSB are chasing a debt from me that the cannot provide a CCA agreement for. I took them to court claiming harrasment and won (by default - they filed an inadmissable defence). I claimed a nominal sum for distress etc - wish I'd copied the cheque before I banked it!

[42man]

May I suggest that if any bank or organisation is harrassing you by telephone, fill out the OFCOM form here...

 

Silent calls (when you answer the phone, there is nobody there) | Ofcom

[Stevie_MG]

Hi Guys, I have been reading this thread with interest and been on a bit of a crusade, I have put below a rather long process which does seem to work, I also have the official claim forms for the regulatory bodies, if anyone needs them, please let me know. I have also put together details of doorstep visits and recording Telephone calls, The flicking the reciever and then asking for the callers details really does work...!!!! Hope this helps guys.

 

Dealing with Lenders Telephone Calls:

 

Introduction

Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the data Protection Act (DPA) and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

First Stage:

The first part of the process will start when you have received your assignment letter. It is imperative that you send the lender a `polite` letter informing them that you withdraw your permission to be contacted by telephone and any correspondence should be in writing only and sent.. The letter to be completed for each lender is as follows:

Tuesday, 20 April 2010

Re: Telephone Contact.

REGISTERED MAIL

Lenders Address.

Xxxxxxxxxxx

Xxxxxxxxxx

Xxxxxxxx

xxxxxx

Re: Account Number: xxxxxxxxxxxxxxxxxx

Dear Lender,

I hereby formally remove any authority for you to contact me by telephone either at home or my place of work. Should you feel the need to contact me again you must do so ONLY IN WRITING. If you ignore this instruction I will have no alternative but to seek legal redress under the Administration of Justice Act 1972.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Thank you.

Yours sincerely

Mr/Mrs XXXXXXXXXXXXXXX

Enclosures (3)

Second Stage:

Should the lender ignore this letter, they are not adhering to the industry guidelines and the following letter should be sent, again recorded / registered post and please retain proof of posting:

Your Address Here

Xxxxxxxxxxxxx

Xxxxxxxxxxx

xxxxxxxxxxxx

 

 

 

 

Tuesday, 20 April 2010

Re: Telephone Contact.

REGISTERED MAIL

Lenders Address.

Xxxxxxxxxxx

Xxxxxxxxxx

Xxxxxxxx

xxxxxx

Re: Account Number: xxxxxxxxxxxxxxxxxx

Dear Lender,

 

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,

Insert Name

Third Stage:

Calls by this stage should now have stopped, if not, you should then issue an official complaint, this again must be sent by registered / recorded delivery, please keep proof of purchase:

Tuesday, 20 April 2010

Re: FORMAL COMPLAINT.

REGISTERED MAIL

Lenders Address.

Xxxxxxxxxxx

Xxxxxxxxxx

Xxxxxxxx

xxxxxx

Re: Account Number: xxxxxxxxxxxxxxxxxx

Dear Lender,

FORMAL COMPLAINT - 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 also written to you expressing my wish to be contacted only in writing, which was sent to you by recorded delivery.

 

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, 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.

 

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

 

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

Insert Name.

Fourth Stage:

I hope we never have to get to this stage, if the lender continues to call you, then we will provide you with the official complaints procedure to the relevant bodies.

Additional Information On Doorstep Visits:

Under no circumstances can the lender / debt collector visit your premises un-invited, however, should they call at your home:

Please see the letter below, insert your Account reference and print your name, do not sign.

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Remember to print your name never sign it.

Additional Information On Recording Calls:

TIP: If you do not want to go to the expense of buying a voice recorder, when you answer the call, ask the caller to wait a moment, flick the speaker with your finger and inform the caller that this conversation is being recorded, you will be surprised at the change in tone.

Can I legally record telephone calls?

Top of Form

 

Bottom of Form

 

Yes you can.

You do not have to give a warning that you are recording telephone calls if the recording is subsequently to be used for your own purposes.

Your own purposes includes use in any court action or claim against a person or company for harassment.

There is no problem about using telephone recordings which have been made secretly as evidence in a legitimate complaint.

However, if you are at all unsure about this, then the matter can be put beyond doubt by ...

serving a general warning to each company you deal with.

Quote:

Your address

 

Date

Their address

 

 

 

Dear Sir/Madam

Account reference number: XXXXXXXXXXXX

Notice of telephone recording

This is to put you on notice that I routinely record both incoming and outgoing telephone calls and that I may store and use any such recordings for any lawful purposes.

 

This notice applies to you and equally to any party to whom you may at any time decide to pass on my business for whatever reason.

Please note that I am not under any legal obligation to supply you with this warning. I do so simply as a matter of courtesy and to put the matter beyond doubt.

You should take it upon yourself to pass this warning on to any third parties with whom you decide to share my personal data.

This formal notice needs no acknowledgement, reply or any acquiescence from you.

 

This notice has been sent to you by "signed for" Special Delivery.

 

 

 

Yours faithfully

 

 

 

 

XXXXX Sign the letter.

 

You do not need to send this letter to each new DCA which contacts you if you have previously sent this notice to the bank or other institution whose business the DCA is handling. This letter covers it all. If your bank can be bothered to send your file to a DCA then the file should include this formal notice. If it doesn't then that is the responsibility of the bank. They should be more careful.

 

However, don't forget that it is not necessary to put companies on notice if you are using the recordings for your own use. This letter is intended merely to put your own mind at rest if you are at all anxious about recording your calls.

If you are called by your bank or a DCA and they ask you if you are recording the call, refuse to reply and insist that they continue the purpose of the call or hang up.

Do not get into any discussion as to whether or not you are recording the call. Just refuse to answer or to give any response to such a question at all.