Can sue a DCA for harrassement..........

[flyingdoc]

It's important - and it was my mistake. Court cases have relied on far more pedantry than misnaming an act.

 

Accuracy is vital.

[The GodMother]

hey wots misnaming and act when there is no cca or even a statue barred debt?

 

yep i know ill get my coat.

[The GodMother]

VERY VERY VERY hacked off now.

 

Not only have i had BCW for this alleged debt BUT BCW field agents. Yes i said BCW field agents.

 

Now about a month ago i got a letter from Moorcroft re these ppl for a anglian water debt.

 

Rang them up and said look u are the third DCA and Anglian waters in house ppl have also been trying to collect this debt. The addresse does not live here and has not since 2005.

She guarenteed me this matter was closed and they would search for them. Wished them luck as i have had three other DCAs and the OC say that.

 

Tonight about 7.15 we got a knock on the door a MOORCROFT FIELD agent. I kinda went to town on him demanding his id. He refused to allow me to take a copy of it and he refused to sign the documents the police advised i have available for anybody that calls for the previous tenants.

 

Now i have been hacked off for about 2 hours and slowly getting calmer.

 

other than a formal complaint to the OFT and Morcroft what do u guys suggest. BTW i did manage to get his name and agent number which i am going to give the oft.

[2Grumpy]

Did you take a photo of him looking terrified at your door? - or a photo of his car with number plate included as he ran back to it?

[2Grumpy]

You are considering taking these jokers to court, so why not start off with a CPR 31 request to find out what action they have taken to confirm that the previous owner / tenant still lives there since you first contacted them and why they still insist that they do?

 

When they don't respond, you can always get an enforcement order ... start harassing them!

[citizenB]

GM, you might also want to send them a copy of the Ferguson case.. link below to the judgement:D

 

Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009)

 

and what about the recent OFT slap that was given to McKenzie Hall re their tracing methods and attitude to disputed debts..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195459-oft-imposes-requirements-mackenzie.html

 

HTH

[The GodMother]

No i did not get a pic of him or the car, were in a blocked of caldasac so i would have had to follow him and as it wa meal time i had better things to do.

 

Do u think i should camplain to Moorcroft first and demand sometype of compensation b4 i take it further?

[2Grumpy]

Go for a demand for compensation from Moorcroft & from whoever hired them because they are equally responsible.

 

But also send off the CPR31 request at the same time (same envelope) because it costs you nothing and lets them know that you are serious and what they can expect if they don't cough up.

[The GodMother]

section 31 request what for?

[2Grumpy]

There are some threads - in the stickes about not using a CCA request to get your signed CCA - use a cpr request instead.

 

Its requesting info before you take them to court

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[FlyboyAgain]

I've had enough of my DCA. They were quiet as church mice whilst one of the accounts was in dispute and now they've started calling again. They've been written to, warned about harassment/telecoms act breaches yet stuill they do it! Got a call about an hour ago and am now typing the letter up for the police to have a wee look at.

[The GodMother]

There are some threads - in the stickes about not using a CCA request to get your signed CCA - use a cpr request instead.

 

Its requesting info before you take them to court

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Why would i request a cca for the previous tenant or a cpr31.16?

[FlyboyAgain]

BTW, the CPR instrument is invalid in Scotland, but don't let that put you off: I managed to get my DCa and their fruitcakes to supply with the data, 20% of which is correct; the rest is fodder.

 

Don't rest on this; read up on what you can an gain help from the more informative people on this site and aslo help others who are new here.

[The GodMother]

iam in england and after about 18 months on this site then i think i have read loads and still learning more.

[make them aktiv runners]

The previous tenant may have decided not to put himself on the electoral register since moving. It is possible for his CRA file to be showing only the last known address as being current from xx/xx/xxxx.

 

Complain to ICO.

[Crapstone]

If a debt collector sends an open letter then complain to the OFT as it's a breach in of the guidance that debt collectors have to uphold for Consumer Credit Licence purposes.

 

The same applies if they continue to turns up at your address, You can tell them to bug off and don't have to answer any questions. It's unlawful for them to discuss the debt with you and against the rules to ask you to prove who you are if you aren't the debtor. The onus is on them to prove you are the debtor, not the other way around.

 

I don't think you'd get anywhere suing for harrassment as it's not you that they are harrassing (although you are stuck in the middle), it's the debtor. It's more of an inconvienience and you are better off just returning it or putting it in the bin.

 

Other than complaining to the OFT I can't think what else you could do other than requesting your address to be removed from their database and for it to be disassociated with the previous tenant.

[The GodMother]

oh dont worry i have told them to bugger off. the letters NEVER turn up in envelopes so it is kinda not hard to realise what it is.

 

Aktiv. yes it looks like they have dropped of the face of the earth.

[zonie]

Ive sent some DCA invoices for phone calls and letters for harassment £50 per phone call and £100 per letter(letters look for home visits but do not visit ect).No DCA as pay yet be you can use it a a counter claim .

But keep a log of phone calls

 

But most will stop if you stand upto them....

[The GodMother]

phone call are no problem, they dont have my number.

[going_mad]

the letter are always already open or even without envelope so i have no probs there.

 

 

 

just a thought why are the letters always opened i cant understand or without envelopes???? is there anyway someone is getting to the mail before you guys are your letters delivered through the door or outside in a post box is maybe someone going through and taking out the stuff they want and ignoring the stuff they dont, does no one know who the previous tennant is have you tried tracking him down to his new address old works address as i know this option works as a flat mate left and ran up loads of debt i forwarded it to her old employers who through her references forwarded it on to her new employers didnt hear anything more after that, also if he still has mates round where you are, try saying you got a cheque through the postand wanted to forward it on more likely to get a response then forwarding the debt to him, some of the stuff i used to get was unbeleivable especially the porn!!!!! yes an annual subscription paid up in full for the previous tennant i even got the odd free dvd through , not my doing my male friends recognise one of the envelopes one time and opened it !

[tessisme]

Hi all.

 

I have a different thread on this but it is not really about sueing them just something related.

 

Now i have been in this property for 3 years+ and for the past 3 years we have been getting mail come threw the door for the previous tenants.

 

This mail never seems to be in a envelope, the recents ones have not been, and despite sending the company a letter advising they dont live here with all the mailings they still keep sending the letters.

 

About 20 minutes ago a letter from Thames Credit yet again, now had about 6 of them, saying they are collecting on behalf of Aktiv Capital group who have been instructed to collect on behalf of barclays Bank PLC.

 

Now 4 3 years i have been sending back ALL mail that comes addressed to the previous tenants and despite several letters to the company they dont seem to be boging off.

 

According to thames the previous tenants are still on the electrol roll as living here, which i know is a lie as i have recently filled out and photocopied our electrol roll form.

 

Now as a result of this i am pretty hacked off and feel these ppl need to be told. TS have said just send it back but they obviously dont seem to understand they dont get the message about them not accepting it.

 

This guy currently has about 6 accounts with the company and all letters keep comming here TBH this is the only mail we seem to get now.

 

Any ideas would be welcome and please could somebody tell me if i can sue the company for harrassement and lying. I will link in the previous thread.

 

When will these PPL give up????????? this is the other thread.

 

hi

 

I did a search on the company and they are full members of the CSA which is the Credit Services Association you can report the company to them

 

Credit Services Association

Wingrove House

2nd Floor East

Ponteland Rd

Newcastle Upon Tyne

NE5 3AJ

Tel: (UK) 0191 286 5656

[Crapstone]

I have problems believing that they are all open or sent without envelopes too, unless they have been hand delivered. From references made to the content of them it doesn't sound like they are and to arrive by post they must have a stamp or have been franked. Moorcroft doesn't hand deliver every letter and, other than the odd dodgy bailiff, all the DCAs' I know of used sealed envelopes and the postal system.

 

Going Mad has a relevant point.

 

In all honesty at least you know you aren't the debtor and in reality I don't think you have a case for harrassment against them anymore than you would have a case against pesky pizza companies pushing leaflets through your letterbox.

 

It isn't costing you anything to ignore them and as said previously they have to prove and not you.

[2Grumpy]

Why would i request a cca for the previous tenant or a cpr31.16?

 

Sorry, I didn't make myself clear.

 

That process is available for all civil claim.

 

You are considering taking legal action against the DCA & OC for harassment.

 

You have already told them that the OC doesn't live there but they have continued to harass you.

 

Because you are considering legal action, you can make a cpr31 (or whatever number it is in the link) to the OC & DCA, asking them to document what action they have taken to establish whether the OC really does live there and what their current address is.

 

I'm suggesting that you drop that letter in with your next letter to them, demanding compensation for harassment or stopping it.

 

OK, when you get their reply you might decide there isn't enough to go ahead with, or they might not answer within the time limit that you give, so you can go for an enforcement action (to get the info). Alternatively they might show that they didn't bother doing anything (other than send their man) & continued to harass you.

 

That way, you can harass them.

 

At the end of the day, you don't have to take them to court, but at the moment you are obviously considering it, so you are entitled to ask for the information and they are obliged to supply it within the 21 days that you give them.

[The GodMother]

just a thought why are the letters always opened i cant understand or without envelopes???? is there anyway someone is getting to the mail before you guys are your letters delivered through the door or outside in a post box is maybe someone going through and taking out the stuff they want and ignoring the stuff they dont, does no one know who the previous tennant is have you tried tracking him down to his new address old works address as i know this option works as a flat mate left and ran up loads of debt i forwarded it to her old employers who through her references forwarded it on to her new employers didnt hear anything more after that, also if he still has mates round where you are, try saying you got a cheque through the postand wanted to forward it on more likely to get a response then forwarding the debt to him, some of the stuff i used to get was unbeleivable especially the porn!!!!! yes an annual subscription paid up in full for the previous tennant i even got the odd free dvd through , not my doing my male friends recognise one of the envelopes one time and opened it !

 

 

My partner and 2 children are the only ones that live in the house.

 

they are all without envelopes and yes i have made a complaint to the local sorting off mian office and Customer services.

 

The local sorting office manager i spoke to gave me a rite ear bashing and said that he wasgoing to advise the postie for my route to sue for slander as i was accussing him of opening mail.

 

I can deffently say i was not i was actually asking why i am getting opened mail come thew my door as i assume they have special checking services.

 

The main office near me basically said to me if they spot a issue they put the item in a special bag and as result they then make a note of the recepients name and address and will write to them advising them they are sorry of this happened whilest in Royal mails possession but will also advise that it may not be Royal mails complete fault as they envelope may not have been stuck down properly.

 

CS basically said i was to find out the name of my postie and write to them reporting him for mail tampering.

[The GodMother]

Sorry, I didn't make myself clear.

 

That process is available for all civil claim.

 

You are considering taking legal action against the DCA & OC for harassment.

 

You have already told them that the OC doesn't live there but they have continued to harass you.

 

Because you are considering legal action, you can make a cpr31 (or whatever number it is in the link) to the OC & DCA, asking them to document what action they have taken to establish whether the OC really does live there and what their current address is.

 

I'm suggesting that you drop that letter in with your next letter to them, demanding compensation for harassment or stopping it.

 

OK, when you get their reply you might decide there isn't enough to go ahead with, or they might not answer within the time limit that you give, so you can go for an enforcement action (to get the info). Alternatively they might show that they didn't bother doing anything (other than send their man) & continued to harass you.

 

That way, you can harass them.

 

At the end of the day, you don't have to take them to court, but at the moment you are obviously considering it, so you are entitled to ask for the information and they are obliged to supply it within the 21 days that you give them.

 

Ok thanks grumpy.

 

They have all in writing said they have checked the electrol register and confirmed that the tenant does live here and has been registered her since, XXXX, yes hey did move in then according to the neighbours but i have live here since August 2005 not them so i know they have been lying to me. I can prove the day i moved in as well.