Reliable Collections - need help here please

[hillards]

I have looked through existing threads for the last hour or four and cannot find a case similar to mine, although there are several with people fielding communications from Reliable Collections for previous tenants etc.

 

A couple of years ago my step-daughter bought something from Simply Be catalogue, for a while she paid OK but then had some financial problems and could not pay. To cut a long story short the debt eventually went to Reliable Collections, aka J D Willaims and all the rest.

 

In early 2007 I started to get phone calls from these people, asking for my step-daughter. I always explained that she was not here, she stops over from time to time but otherwise is with friends, boyfriend, mates from work or whatever. I am not in control of her, she's over 18 and I am not a messaging service.

 

I work as a hospital volunteer, often not getting to bed until the early hours, so I am not amused to have these idiots call at 8am. They say they cannot make any changes to the account without speaking to her. I do not have an alternative number to give them. At one point they rang her at work, which got her into trouble there for having 'personal calls' - but then she changed jobs

 

They got my number from her calling them to arrange a payment, a long time ago. I said at the time that I did not give her my permission to use this number on the grounds that she's not here to take calls.

 

Anyway, I wrote to Simply Be in April 2007 and again in July 2007, explaining the situation and asking them to remove my number from their system. I received no reply at all, ignorant lot they are.

 

I also made a request, under the Data Protection Act, for a log of calls made to my number. As they failed to respond to this I reported the matter to the Information Commisioner and they responded to say that Simply Be had indeed failed to comply, but all they did was wag their finger at them - useless!

 

I eventually got a letter saying that as I was not a customer of theirs they had no information specific to myself, which is a load of rubbish but it seems this complies with the act.

 

Next stop was Trading Standards, I have a reference number on file and they were supposed to be taking action. No, that didn't stop the calls.

 

In my letters I had quoted the Communications Act 2003, section 127, and the Wireless Telegraphy Act 1949. I made reference to the harrassment of debtors under section 40 of the Administration of Justice Act 1970 and the Protection from Harrassment Act 1997.

 

I also stated that further calls would be logged and charged at a rate of £45 each, for my administration costs in dealing with matters that were nothing to do with me.

 

In November 2007 I wrote again, repeating the request to stop the calls and sent them an invoice for £360 of admin charges to date. Needless to say, no reply.

 

The headache is that it's my phone line, not my step-daughters. She is listed on the electoral role at this address, but actually sleeps here on perhaps a couple of nights a week. She's either out or at work during the day. I'm the one getting all the hassle! I cannot say she does not live here as that may be breaking the law myself.

 

A twist to the tale is that she's been paying this and other debts via an arrangement with a third party company for a while now. I don't have all the details but it's via Bains & Ernst - I'm not even going to start down that route as I would have advised her otherwise! Her life, her decision...

 

On Wednesday 30th I had two calls. One at lunchtime from an 0800 number I tracked back to J D Williams. The lady refused to identify the company who were calling and terminated the call quickly when I started to ask questions, but a call back to the number identified them of course. Silly woman... The second was this evening, a male this time, number withheld - otherwise I'd not have picked the phone up!

 

I had quite a conversation with him, identifying that he was calling from Reliable Collections despite opening the exchange with the Simply Be name. I asked to speak to a supervisor, was told 'in a meeting' - always in ruddy meetings those supervisors... I explained again what the situation was, that they were breaking the law by calling me like this. No joy, he stuck to his script. The supervisor never did call me back.

 

So - what do I do now? Having written three letters, sent recorded delivery, and the only reply being the one forced by the Information Commisioner, I'm not wanting to waste time writing yet again. It seems that Trading Standards didn't have much impact either.

 

Having issued an invoice for handling their calls, can I actually take them to court for non-payment? It's probably as legal as their claims against my step-daughter. I'm unemployed/disabled, no benefits due to wife working, so we can't afford legal fees etc.

 

I was under the impression that withholding the calling number was no longer allowed. If I had not picked the call up I would have had a 'no number' on 1471, which annoys me. Not identifying the company when challenged is also a no-no in my book, I do not want them to call back later.

 

In a very similar situation I wrote to Egg asking them to stop calling, they even offered a couple of bottles of wine as compensation! Capital One also stopped calling after I wrote to them - so why can't these idiots (I can call them that, I'm not the person they are chasing!) get it into their heads that they are getting nowhere apart from annoying me.

 

I'm likely to bite - especially if there is any way I can sue them for compensation. I have copies of the letters sent and everything. I feel that I am being hassled but may have no way of stopping them as I'm not the person they are trying to contact. But, having told them to stop on more than one occasion they must be breaking the law...?

 

Anyone got any advice please?

[reallymadwoman]

If you haven't already, send them a final warning clearly marked 'complaint'. Send it recorded delivery and keep the receipt.

 

If you don't get a sensible reply and the calls don't stop after exactly 8 weeks, make a complaint to the Financial Ombudsman Service. It's free to you, but will cost them £400, plus whatever compensation the Ombudsman orders them to pay.

 

Have a look at this thread:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html for ideas on how to word your complaints to the company and the FOS.

 

You could take them to court for non-payment of your invoice, but you would have to pay the issue fee (unless you're exempt) and there would of course be no guarantee of either winning your claim or getting your money back. For me, the Ombudsman is the easier option.

[Guest daewoo21]

I had some dealings with these idiots. They hated it cus I wouldnt confirm my security details.

 

Anyway, next time you ask to speak to a supervisor and they tell you that you cant, remind them that it is ILLEGAL not to have one present and available.

 

By the way reliable collections is just an internal collections department for jd williams who badge over various other catologues with different names, simply be being one of them.

Edited July 31, 2008 by daewoo21
bit more info

[The GodMother]

threaten them with court for harrassement. As u can prove they have been informed they need to remove ur number then any further calls from them is harrassement.

 

u will need a log of the calls, u could use a telephone recording system for this. that way they are stuck when they say theu have not.

 

a detail log also helps with the fos.

[hillards]

They keep saying they cannot remove the number without the say-so of the person who holds the account, they will not discuss this with me and as I cannot answer the 'security' questions they refuse to proceed with the call.

 

I don't give a hoot that it's my step-daughter they are after, she's not my responsibility. All I'm concerned about is that I am being hassled and I'm not the one being chased.

 

As far as I'm concerned I have given them enough warning previously, as logged by Trading Standards last November. They are clearly unwilling to remove my number from their system.

 

As such I am going to contact the FOS and take it up with them. I will be pressing for compensation for the distress causes by their many calls, often quite abusive as they insist they will call back and telling me to make sure my step-daughter is there - cheeky swines, I'm not going to jump 'cos they say so!

 

I had another call on Thursday while having my tea. Thgis time a recorded message asked for miss *** *** and to press 1 if it was that person - so I pressed 1. I got a rather shocked guy on the other end who was clearly unready for a barrage of talk from me.

 

Not shouting, but speaking quite loudly I informed him that he was clearly in breach of several acts in law and that I could have him arrested for making the call, despite this being via an automated system on behalf of J D Williams, Simply Be, Reliable Collections or whoever they wanted to be today.

 

I heard him say 'whaaattt' as I continued to inform him that the call was being logged and legal action would be taken against the company, then politely said goodbye and hung up.

 

daewoo21: could you let me know under what law it is illegal for them not to have a supervisor present, just so I am sure of my facts before giving them that line on the phone. I've not been able to find anything on that score and don't want them calling my bluff if I were to say anything like that. I prefer to keep within the law and quote the act at them.

 

Thank you for the feedback so far. It is difficult to sort these monkeys out when it's not my account, if it had been they'd have just got the silent treatment anyway. I will not deal with matters like this on the phone.

[The GodMother]

I am unsure about what law but i know they are not allowed to be left unsupervised for long periods of time, bathroom breaks ar one of the only allowances where they can be unsupervised.

[hillards]

Thanks for that GodMother. I am always wary of hurling anything at these people that I'm unsure of. I much prefer to know what the law states than to simply accept that it is 'illegal' because someone says so in a message on here.

 

It could well be internal policies that dictate the activities of supervisors and that would leave me looking silly if I had said it was actually illegal. If we cna find anything to back this up then I'll happily include it in my growing list of offences thay are committing.

 

Then again, I don't think half these people have a supervisor as they always seem to be in meetings or otherwise unavailable. To me that's just bull and does not fill me with confidence that the company is worth dealing with.

[The GodMother]

U had noticed that a supervisor is never availbe when i recieve a call. Strange that. Must be a long que for the bathroom.

[hillards]

A few weeks ago now but I've not been able to update this thread. I had further calls, of course, and took the time to repeat the info to them.

Hmmm - not sure what happened but one of their guys actually went and found his supervisor for me... I spoke to the guy and explained the situation. He agreed to remove my number and put on my step-daughters mobile number, from their file (and long since disconnected).

I've not had a call since! I also got a letter from the supervisor to explain what he had done.

Then again, they've done this before - and blamed a restore of data on their computer for my phone number being activated yet again.

We'll see if they break tha agreement again. If so, it's legal action as I have a letter saying they've stopped the calls and taken on board my protests.

[alanalana]

hello Hillards,

 

Not sure if this thread will be of help but you never know.

 

Reliable Collections

 

Post 5 seemed to work for hawk it gives an email address and a few numbers which you may find useful.

 

aa

[The GodMother]

glad u got you own way.

[hillards]

Not sure if this thread will be of help but you never know.

Thanks, if I get any more hassle from them I know where to go now.

[alanalana]

Glad to help keep the email address under your steam roller.

 

aa