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Hi

 

After requesting my CCA from Halifax, they did not respond positively and basically told me they didn't have one. After several letters back and forth (I gave them well over the prescribed time limit), I have stopped payment until they can produce the agreement. I am now being bombarded with phone calls both at home and on my mobile. I have received a letter from their debt collection department demanding payment. I have written back to them explaining why I am witholding payment and that they are not permitted to chase the debt.

 

My question is do I do anything else or do I just ignore them? Please help as the constant phone calls are driving me mad.

 

thanks

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Send them this letter....by recorded delivery (again do not hand sign it)

 

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]

 

If they continue to call after your request (above) and they are STILL phoning, WRITE DOWN ALL THE TIMES AND DATES THEY CALL, then report them to the FOS, TS and the OFT and OFCOM...this IS harrassment....you are perfectly within your rights to make a more than reasonable request to put everything in writing....

 

You might be interested in these...

 

Debt Wizard - Alison Turner sues Halifax

 

Halifax's 762 calls to cancer victim in debt | This is Money

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Try West Yorkshire Trading Standards they would be interested and do have a "hot line contact" there, however Halifax are very arrogant and ignore regulation and TS, also their CEO endorses blatant law breaking (I have that in writing) as far as the various bits of legislation on nuisance calls/harrassment are concerned, be ready for a battle and more stupidity from them as it won't stop overnight but do read up on the site for plans/tactics on this type of thing, lots of information, above all ...... DON'T TALK TO THEM - KEEP IT IN WRITING

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thank you so much for your advice. I will send the letter off and see what happens.

 

What will happen? Most probably not a thing. They will continue as before but please do as 42 and HtH say. Record any calls you answer if at all possible. The call centre staff can be fairly abusive, as I'm sure you know and recordings of their language/attitude will be grist-to-the-mill when it comes time to reckon up in a while.

 

If you haven't already, read the press coverage of Halifax's bullying tactics. I did hear a figure of £7K+costs in regard to the Turner case, but can't recall where it came from now. Perhaps someone with a better memory than me will help clarify this.

 

Banks have and are settling claims out of court for harassment and defamation, but these settlements will invariably come with gagging clauses, so we won't necessarily hear about them here.

 

IMO the more people that press for damages when dealing with Halifax the sooner their behaviour will be checked.

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