advice for dealing with a DCA

[jaycraft21]

hi all,

this is my first post and i have only just registered so please bear with me as i am unsure of how i should put this so i will not mention any names etc. what it is, is that i have a bit of a problem with a DCA l am partially deaf and have severe nerve damage in my lower back which is stopping me from woring at the moment that is problem #1 problem #2 is that no matter how much my mum tells the DCA that i am deaf and can not hear on the phone they still keep ringing her to speak with me and threaten legal action. my 3rd problem is the financial ombudsman service is involved with what is going on but they still will not back off even though they have been told this. here is the full story so you can see what is going on.

 

i recieved charges on a bank account which i should never of got which comes to about £150 the account was overdrawn by £0.32p but i do not know what this was for and have no record of it or any purchases for £0.32p this is being investigated by the financial ombudsman but the bank did freeze the account while the FO was investigating but now they have passed it over to a DCA who have not stopped contacting my mum on the phone threatening legal action and literally shouting and screaming down the phone at her and telling her that i need to get my financial situation under controll and it is all my fault and if their wasn't so many *losers and waster's* like her son in the world then this would not be happening.

 

the lady that rung my mother was told that i would not be able to speak to her as i could not hear on the phone to which she replied *b###s###* and that we we're just trying to get out of paying my mum was called a bi##h and a liar by her. they have never written to me or my mother and i do not know how they got my mums mobile phone number ?

 

is there anything that can be done to stop this abuse from the DCA as my mum will now no longer speak to anyone on my behalf as she can not cope with the abuse that she is getting and there is no way that i can speak to anyone. is their anyone that i can write or email to complain about this treatment that mum recieved for no reason ?

 

there is no way that i can pay this as i am unable to work and recieve only £45 a week to live on and i do not owe the money as it is mainly charges on a dept which i did not cause or have any record of.

 

please help as i really do not know what to do

 

Thank you

Edited January 2, 2009 by jaycraft21
i won !!!!!!!!

[caro]

Firstly welcome to CAG. I'm really glad you found us. You can stop the phone calls by sending this letter. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[postggj]

dont worry

we have all been there and had to start some time

 

its ok to name the dca

[jaycraft21]

Thanks Caro for the link to the letter i will get it typed out and sent to them first thing tommorrow i really appreciate the help and advice

 

Thanks for the support Postggj really appreciate it . i would rather not name the DCA at the moment as i would like to get things sorted first and i don't really want them complaining or taking legal action (if they can) for anything i say but i will when i know i can legally do so.

 

Thank You!

[Fred Bassett]

dont worry

we have all been there and had to start some time

 

its ok to name the dca

 

 

Yes, I've been there to a degree but I've never had to put up with anything as nasty as that but then I can stick up for myself. Why is it that the more vulnerable people are the nastier they seem to get? Stupid question really, it's classic bully tactics. These people are really evil and should be stopped.

 

Jaycraft, first of all, never talk to these people on the telephone. I know you can't but that should include your Mum. She should either not answer the 'phone or simply refuse to answer security questions and tell them that you will only deal with the matter in writing. Personally, after what has been said to her already, I would be sorely tempted to either a) invest in some sort of recording device - don't worry, it's not illegal or b) get my number changed.

 

If you can get them to stop ringing, then you'll start getting a flood of letters. Don't worry too much, get them scanned in and posted up here and someone will be along to help.

 

You'll get all the help you need on here and I wish you all the best.

 

Regards.

 

Fred

[The Convincer]

I must say, Jay, that your story sounds incredible, even considering some of the stories I've heard on here. I'd really like to know who these people are. Unless your name's similar to what you've got in your avatar (your advised against using your real name on here), I can't see them tracing you.

 

It does seem really strange what's happening to you. Are you sure this women isn't someone acting alone, with some sort of vendetta against you and your mum? They rarely get that personal. Condescending maybe, but not like what she's been saying to your mum. Also, getting your mum's mobile phone number from somewhere, again, a lot of this seems directed at her more than you, adds to the weirdness of this case. Also, you make out that it's the same person everytime, when more often than not, it could be any one of a team calling you up.

 

Here's what you should do...

 

Send that harrassment letter, recorded delivery. Additionally, send a CCA request to them, to see if they actually have the right to persue the debt.

 

Consumer Credit Act template - Consumer Wiki

 

 

Additionally, send your bank a SAR, to see if you've been landed with unfair charges. Having a few pence overdrawn turn into £150 seems pretty incredible. Again, send it recorded delivery.

 

Subject Access Request - Consumer Wiki

 

 

Log any phone calls. Write down the time, the number (if they have one), the name of the person, the company etc.

 

Don't let the witch and her ilk win.

[Fred Bassett]

 

Convincer, anyone who has got even remotely overdrawn with Lloyds recently will tell you how easily this could happen. They're all trying it on at the moment until the outcome of 'the case' - making hay while the sun shines.

 

Regards.

 

Fred

[jaycraft21]

Fred, Thank you for your kind words of support i can see from the replies tht you understand the situation i am in and that you can relate to it mum has all the paper work so i will get her to scan it and put it on cd so i can upload it to here so that you and everyone else can see it and let me know what you think.

 

convincer, although you think that my story sounds incredible i have no reason to post anthing that is untrue or exagerated (i think thats how you spell it?) please do not take that comment the wrong way but i will say what i think and truthfully speak my mind. I do know that the lady that rings mum is always the same person and it seems as though she is trying to build herself up in the ranks perhaps she is new to the job i honestly do not know. mum has rung them once before and spoke to a man who had a completely different attitude towards the situation and said that they would get in touch with the bank to see what there side of the story was and that he we write to mum and let her know what the outcome was but we have never heard anything else from him. we only have 1 or 2 letters from them and these were the original letters that they sent out to say that we needed to contact them regarding the account (they had my full bank details) which to me say's that they are a genuine company and the letter states that they are regulted by someone (do not know who but wil tommorrow when i get paperwork from mum). however i would like to say Thank You for the links i have 3 letters to write tommorrow and send.

 

Thanks fred, convincer i do appreciate the help and i do not mean to rant i just feel so stressed over the situation and feel as though i am just beating my head against a brick wall all of the time.

 

one last quick question for tonight: is it ok to send a recorded delivery letter to a P.O. Box address ? and will it get there?

 

Thanks to everyone for your help

[jaycraft21]

Oh by the way the original so called "debt" was with the abbey

 

thanks again for your help and goodnight

[The Convincer]

one last quick question for tonight: is it ok to send a recorded delivery letter to a P.O. Box address ? and will it get there?

 

I see no reason why it wouldn't. If that's their correspondence address, send it there. Make sure that it is actually the correspondence address though.

[Keith W]

I have a PO Box address for my business mail and any recorded delivery letters sent to that address still have to be signed for.

 

So if that is there mailing address it will still be signed for when the mail is picked up.

[jaycraft21]

Hi all,

how is everyone ?, thnks for all the help,and advice i have found it really useful and its finally nice to talk to some people that understand my situation. i have typed out three letter's and will send a copy of each to the DCA, Bank and the financial obudsman that is dealing with the complaint. i have given them to mum and she is going to take them down and send them al recorded delivery (BT will have to wait for their money till i next get paid).

 

Thanks again for everyones help:D

[Guest forgottenone]

Just an idea, as the way your mother was spoken to on the phone would be, at the very least, assault. Let alone obviously harassment. But you may wish to mention this company to the police, explain the foul language, intimidating calls ... and see if they can help. If this were someone making calls from a phone box anonymously, they would likely take action. Except, it's not - it's an alleged company behaving like this. Which makes it all the more imperative, more serious it gets exposed. Or, at the least, as my suggestion.

[jaycraft21]

i never thought of it as assualt forgotenone but i will mention it to mum and see what she say's but it is a good idea why should they get away with talking to an innocent person they way the lady did even if she did it through the company surely she is just as responsable as the company themselves, should they not regulate the way thier staff treat customers more stringantly ?

 

anyway thanks and great idea !

[Guest forgottenone]

Well, it's easy sometimes to not realize because they have you in such a state etc. Think there is nothing you can do, when there is. As to regulating staff ... oh, you'd be not surprised to hear - and it's not until you've experienced it directly etc you realize - they allow them tol in fact train, encourage them to do it. But, they likely even have a good laugh about it in the background on speaker phone. Yes, it's that bad. I have experienced that example myself and have been told by a debt charity that mine was quite mild. Nothing like you are experiencing. They will even, if you slam the phone down on them, phone you back up screaming down the phone in a rage 'why did you put the phone down on me you NEVER put the phone down on me'. Often they will, quite deliberately, put the most 'timid' - if you can believe such a person exists within a DCA of course - person on a call you make, knowing you will be angry, frustrated ... so, using the harassmenent laws against you. Something I have experienced from a DCA posted many many times about on here.

 

Yes, it does all sound incredible, but doesn't meant it doesn't happen. Monsters, or monstrous behaviour/people come in all shapes/sizes ... some not always that obvious. Don't need to tell you that though. There are some pretty nasty, wicked people out there ... most of whom seem to be employed by a DCA ... and I've met a few in different ways and I would never have thought human beings could or would. But they do.

 

One further option, just remembered. Mentioned it a few times, but may be appropriate here for you. BT - if you have BT as your provider - offer for one month, a tracing facility on your phoneline. You will be issued with a log sheet. However, soon as you receive any call, witheld or otherwise, and it's from an abusive person you dial the code afterwards into your handset which then activates the trace. And, in this instance, I'd pretty much surmise you have grounds to request this service of BT if with them. Oh, it is also done in conjunction with the police who also trace it simultaneously on the line. I have had 2 such on my phone line at different addresses for a pretty similar problem. But merely to protect a family member who was actually dying at the time with terminal illnesss. And, clearly, you don't want imbeciles phoning you all hours of the night for a bit of 'fun'. Wasn't debt related, though.

 

Just another idea. As no one, no matter who they are, should be subjected to this.

 

Please keep coming back here for support. We all will listen, help etc. But do think seriously about those suggestions. Might not get anywhere, and I wouldn't even say it's a DCA calling ... just that you are receiving maliscious phone calls. Take it from there, see what happens.

Edited July 15, 2008 by forgottenone

[eastendboy]

Hi jaycraft, you seem to be getting some good advice here so I won't overload you with more.

 

My post for now is just for moral support. You see, like you I'm deaf, so all the good advice given to me about not talking to the DCA's on the phone made me smile, probably not the DCA though:D I'm sure you have seen above that many people here will give you their time and support so just follow their lead and things will hopefully work out. Good luck.

[Fred Bassett]

i never thought of it as assualt forgotenone but i will mention it to mum and see what she say's but it is a good idea why should they get away with talking to an innocent person they way the lady did even if she did it through the company surely she is just as responsable as the company themselves, should they not regulate the way thier staff treat customers more stringantly ?

 

anyway thanks and great idea !

 

Jaycraft in my opinion and probably by law, they have a personal obligation not to deal with anyone in this manner. I suspect that if you were to complain to the company concerned you would probably get a letter saying they would look into the matter. I also suspect that they would do no such thing and indeed probably encourage this kind of behaviour.

 

This is why the rule number 1 is NEVER talk to these people on the 'phone - that applies to your Mum of course. Simply tell them that everything must be in writing. You don't have to argue or explain why - just get her to say "put it in writing please" then hang up.

 

Regards.

 

Fred

[jaycraft21]

Hi eastendboy,

at least you can understand my predicament with the phone calls a lot easier being deaf yourself and i would just like to say thanks for the support i do appreciate it.

 

i have spoken to mum and she is going to make a complaint and she is going to consider making a complaint to the police also i do feel that you are right in what you say fred about making complaints to the DCA themselves i don't think that anything will be done on their part to resolve the issue i personally believe that they must be the cruelest, heartless and brutalist b#####ds that walk the face of the earth and that something must have happened to them for them to have to behave in this manner but saying that i have been through some very tough times and i am not like them so who knows?

 

again thanks for all of everyones help, support and advice hopefully we will be abl to get this matter sorted and i will not have to worry as much.

 

one thing i cant work out is why abbey passed the account over to the DCA when it was already in dispute can they legally do this?

 

speak to you all again soon and thank you

J

[jaycraft21]

hi all,

the name of the DCA is 1st credit has anyone else had dealing's with these?

[caro]

If you click on "search" in the blue tool bar above, and type 1st Credit you will get lots of threads up with other CAG users experiences of them.

[jaycraft21]

hi all, recieved a letter from 1st credit this morning saying that they are taking me to court and that they are going to apply for a county court baliff to enter my property (it's not mine it's dads) and remove my possesions can they legally do this. they area also aying that i will have to pay all legal fees for their solicitor and the court there is no way i can do this as i am on income support of £45 a week is there anyway of stopping them from doing this as i feel as if i just want to explode at someone.

 

thanks

J

[palomino]

In short yes they can take you to court, but the rest depends.

If you defend the case and say you can only afford a very modest repayment amount then, no, they can't do the rest unless you renege on any commitment you make in court. But that's a long way off.

 

This sounds like the usual threat-o-gram (I like that expression:)) and probably be ignored.

[Guest forgottenone]

not have to worry as much.

 

All I can say on that ... is it will come back to haunt them eventually ... or when they are in this position ... you have the moral highground, not them. They can't escape themselves in the end. Even the toughest, most cruel people are eventually faced with their own actions. And, I have found, it's often the 'tough' ones who fold at the first sign of trouble. Very good at dishing it out etc. Because they choose to behave like this. But you don't have to accept it.

 

It took me months to even know such places like CAG had existed, thought I could handle/deal by myself with it ... but if you are not faced with this before, you don't have the knowledge to cope with it. Hence, it's good you've found your way here now. Didn't know what to do, where to go ... okay, there was CAB ... but info is only as good as the person has experience of and this need specialist help. Eventually, found myself here.

 

Regarding being in dispute. Simply, yes, they do. Stuff your rights. One thing I would add/ask is did you ever receive a notice of assignment before this happened? If not, from what I've read here on CAG, this will also go against them.

Edited July 16, 2008 by forgottenone

[Guest forgottenone]

Just a question, are you able to scan the documents you have been sent, then post them here?

[Guest forgottenone]

Regarding the complaint to the police. Yes, please do. It is an option you are entitled to use. Protect yourself. Sod these brutally evil types at the DCA. You'd scrape them off your shoes if you stepped in them for example.

 

So, do think seriously about this. The fact you are deaf, can also be used to make a complaint. Because they are SHOUTING, using behaviour that isn't acceptable towards anyone disabled. There are acts, laws on this as I am sure you will probably be aware.

 

On the other hand, the **** who phoned you like this would use these laws against you if you were abusive to them. Therein lies the irony of their ways.

 

I, unfortunately, cannot help with legal things ... but anything I have amassed in anyway, I will try to help with ... and health problems mean I am not, erm, strong enough to be as helpful as I normally would be. Eg communicate as well.

 

Don't always follow my own advice, but please don't let them do this to you or your mother.