DCA harrasing me for debt which doesnt exist

[LarissaJ]

A DCA are harrasing me by telephone for a debt which is nothing at all to do with me.

 

What are my rights on this matter?

 

They (DCA) have told me to go the police if i think they are harassing me.

 

Can anyone please help?

Edited March 22, 2010 by LarissaJ

[berrylover]

Send them this, unsigned, recorded delivery.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

Dear Sir,

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your 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.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

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

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

[LarissaJ]

Thank you very much, I shall send that immediately, very helpful.

 

I know the name of the person I spoke to, should I mark the letter for their attention?

[42man]

If they continue to call you PLEASE log the times and dates they call you....

[postggj]

i was reading a thread last week ref a cagger in the same situation took a dca to court and won

i myself am about to issue a claim against two dca for a non exsistant debt

 

keep your thread updated

check your credit files also incase the dca have placed a default on them

 

typical get out telling you to go to the police

its down to them to proove the debt

not you

[LarissaJ]

They seem to have given up on this one