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Harrasment by 1st Credit


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I am currently being harassed by the debt collection agency 1st Credit. I have advised them both verbally and through letter that I will only communicate with them through letters.

 

I have also sent them a CCA, which I have proof saved on my computer that they have received. This was sent to them on the 7th Aug and they signed for it on 8th Aug.

 

They have been very rude to my parents on the phone, and it has got to the point now where they are calling every other day. every time they call I say that I will only communicate with them through letters, they say they have sent me letters (I have no letters from them), then I hang up the phone.

 

I just don't know what action to take next with this one.

 

Today when I spoke to someone called Michelle(?) I said the usual.... ' I will only communicate with you through letters', she said 'we are only a telephone based company'......

 

Help please! :-|

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You will find a telephone harrassment letter in the sticky on telephone harrassment thread at the top of this page. Send it to 1st Credit's complaints department with copies to your local Trading Standards and OFT. Add to the letter that calling your parents is unacceptable and if it continues you will take out an injunction against 1st Credit to have it stopped. I have BT's Choose to Refuse Service - if they leave a number you can then block it.

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Write to them by recorded delivery and request their official complaints procedures....if they do not stop harrassing you or they do not send you their official complaints procedures, then harrassment is a criminal offence...if you have sent them a harrassment letter and they are still calling then seek a solicitor to take them to court....

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Hi, get yourself one of these Telephone to Tape Recorder Adaptor > Maplin plug it into a digital dictaphone or a tape recorder and tape every conversation you have. When they get really vile you can use the recordings to turn the tables on them.

 

And send the anti-harrasment letter too of course.

 

It was one of the 1st Credit 'operatives' that made me find CAG in the first place. Lovely people that they are?

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Thanx for the quick replies!

 

I have already sent them a harassment by telephone letter (sent at same time as CCA). But I didn't send it to the Trading Standards and that though :-|

 

I have just found anther letter on here from someone else's thread that I will send them in the next few days.

 

This is it....

 

 

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number:00000000000

Re: Harassment by telephone

 

 

Dear Sir/Madam.

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the sort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

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 the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

 

 

Just seems to be alot more forcful than the one that I sent to them :D

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From my limited knowledge there are a few things you need to remember if you are going to record telephone calls.

 

1. You do not need the other persons permission to record any telephone call.

 

2. If you intend to use the telephone conversations you record for any other purpose than your own personal records, such as court action or disclosure to a third party, then you must inform the other party to the phone call at the start of the conversation that you intend to record the telephone conversation

 

3. If the recording of the telephone conversation is ONLY for your personal records then you do not need to inform the other party that you are recording the call, please remember point 2 though, you will not be able to use a recording of a telephone conversation for any other purpose than for your private records if you do not inform the other party at the start on any conversation that you are recording the call.

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If you tell the telephone threat mokey you are recording the conversation you will notice a very swift change in their attitude. There will be a long pause then they will tell you that you cannot do it. You then tell them you can do it and you will continue to do it. In about 5 seconds they will hang up.

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Thank you you guys for all the great suggestions. I am gonna go and put a new notepad down by the phone for the times and dates to be written down on. And next time they call am defiantly gonna tell them that I am recording the call, can't wait to see what their reaction is gonna be! :D

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  • 2 weeks later...

I have been having lots of comings and goings with meritforce/1st credit so thought I would share whats been going on and look for some advise as to what to do.

 

I have a old old debt that was with 1st Credit, that when over to meritforce back in 2006.

 

In Decemeber last year I sent a CCA to Meritforce, they had until 24th Feb this year to comply. I never heard anything back from them.

 

The about 2 months ago I started getting calls from 1st Credit. Like non stop harrasment calls. I sent them a telephone harrasment letter.

 

The calls have stopped over the last week.

 

Then this morning I have received a letter from Meritforce which is a Reduced Settlement Letter. The amount principle sum they have on there is less than 10% of what was on the last letter i received from them in Dec 06?!

 

Basically I still can't afford to make the Reduced Settlement payment right now or by the 15th Sept like it says on the letter.

 

My questions are....

Are they in breach of the CCA that I sent back in the beggining of the year? If so is it 1st Credit in breach or Meritforce?

 

What should I do now? :-?

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Yes they are in default of your request....send them this...by recorded delivery...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Just a thought.... does it matter that the envelope that they have sent the most recent letter in has no stamps, its a TNT one that has a S in the corner and says postage paid?

 

Do letters from DCA's not have to be first class or something?

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Pinkpixie I also had probs with Mertiforce they are part of the infamous Mackenzie Hall, I requested a CCA from MH in Feb this year and nothing arrived then started getting letters from Meritfoce similar to your reduced settlement one, I got it sorted by complaining to Trading Standards.

 

I would ignore them if I was you as they never supplied and are probably not likely to the CCA for this debt.

Im learning more every day :)

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