Right to written communications?

[pinkmoomin]

I'm in a situation with a company wanting money and when I have emailed to ask to deal only in writing, they come back and say sorry, phone only.

 

Do I have any rights to say if I want writing, they must comply? It's a Credit Agreement regulated by the Consumer Credit Act 1974, if that helps.

 

Thanks

 

 

[andie_303]

you could always just refuse to answer they're security questions then they would have to contact you in writing

[clemma]

Send them the following letter if you want - it is entirely up to you how you should be contacted. If they continue calling you after you have requested them to stop, then this is deemed as harassment:

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

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

 

I am of the view that your continued 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.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[pinkmoomin]

No, they're not harassing me. They don't actually phone me at the moment.

 

I have emailed on multiple occasions and said please write to me. They reply to say no, you must phone us.

[palomino]

My phone always seems to have a problem with incoming calls ...

 

Hello ... hello ... hello ... ....

 

I can never hear the caller however loud they shout.

[clemma]

No, they're not harassing me. They don't actually phone me at the moment.

 

I have emailed on multiple occasions and said please write to me. They reply to say no, you must phone us.

 

In that case, ignore them until they do write to you

[cerberusalert]

I wonder how they communicate with people that don't have 'phones or who are deaf or even phonophobic?

[pinkmoomin]

In that case, ignore them until they do write to you

I wish that were the sensible option but interest is accumulating rapidly!

I just want to reply to the latest email and say "Oi, twit, I have a right to written communication if that's what I want so stop playing for time and send me the answer to my question" but of course, need to know if I do indeed have a right or not before I say it.

 

I wonder how they communicate with people that don't have 'phones or who are deaf or even phonophobic?

Yes, I did wonder that, but thought it was rather disrespectful to say that applied to me

[andie_303]

I think I might become phonophobic - well get a letter certifying it and everything - amazing what you can knock up with photoshop - DCA's would know all about that!

[cerberusalert]

I think I might become phonophobic - well get a letter certifying it and everything - amazing what you can knock up with photoshop - DCA's would know all about that!

 

In that case use the terms Ligyrophobia or Misophonia

[cashins]

There is only one possible reason they want to deal on the phone, that is to say things that could land them in hot water if they put it in writing.

 

It's a typical debt collector tactic.

 

Have you in fact established that they have any legal right to collect this debt in the 1st place?

 

David

[deathbycrayons]

Put everything in writing, i.e. payment offers, send it by recorded post and actually state in all your letters to them that you do NOT wish to discuss these matters over the phone. Don't sign the letters either.

[the_shadow]

I think and you'll need to check to ensure... its in the banking code, I think it states something like the customer has a right to choose the methods of communication.

 

Could be wrong but it sticks in my memory for some reason.

 

S.

EDIT: Actually scrap that... I've checked and it doesnt

 

The bankers code 2008 does state though that they will put all offers in writing so I think therefore the inference would be that you would also need to put everything in writing:D

Edited April 12, 2009 by the_shadow

[pinkmoomin]

It's a typical debt collector tactic.

 

Have you in fact established that they have any legal right to collect this debt in the 1st place?

It's not a DCA, it's the original creditor.

 

 

Put everything in writing, i.e. payment offers, send it by recorded post and actually state in all your letters to them that you do NOT wish to discuss these matters over the phone.

 

That is what I have been trying to say - I have said that and they refuse to answer a prudent question in writing that would get them some money! That is why I want to know if I can DEMAND everything in writing as a consumer right and (try to) force them to do so.

 

 

 

The_shadow, thank you, I'll see if that is of any use to me.

EDIT - to your edit! Thanks anyway....

[deathbycrayons]

Yes you can.

[deathbycrayons]

Just make sure you keep to everything in writing and send it all recorded. We were told by littlewoods that they do not do things in writing and that the only way to resolve things was by phone, several times they were adament about it. I just stopped speaking to them on the phone and sent everything in writing, by recorded post. They can't do anything about it.

[spamheed]

They prefer to have telephone conversations for all of the reasons stated above and also because it justifies their own existence, it costs considerably more to run and monitor a paper based company than one operating using telephony.

 

If you send them a letter (recorded/Registered) stating that you wish all communications to be in writing, you have written proof that you have been reasonable

 

If you refuse point blank to enter into telephone conmmunications then that is your right and they cannot ignore you, if you refuse to answer their security questions, state "Put it in writing please" then hang up, then they have no option but to send you letters