Making a claim for unlawful harassment - help needed

[mestaoptik]

Hi all,

 

I've had numerous letters for demand of an alleged debt from Marlin.

 

Dates are as follows:

 

5th May 2009 Demand - Reply sent 10th May 2009 with request for CCA, notice of licence revoke for field visit.

 

12th May 2009 Reminder

 

21st May 2009 Reminder

 

27th May 2009 Acknowledgement of my letter dated 10th May 2009 but no CCA sent due to Marlin not holding all the information of the alleged account on file.

 

29th June 2009 Final Demand

 

6th July They call me. I asked them not to telephone me or use my number in accordance with my letter sent to them on 10th May. (telephone number was logged by their computer system from me telephoning them, told it could not be removed. Since changed my number)

 

7th July Letter with alleged CCA

 

8th July Field Agent Visit

 

Do I have a case for harassment here and if so what are the first steps to take. I believe I should demand a copy of their complaints procedure. Any information regarding this would be most useful.

 

Thanks,

 

M.O

Edited July 11, 2009 by mestaoptik

[ScarletPimpernel]

Harassment is not defined by the specific nature of the actions of the perpetrator, nor its frequency. Any behaviour that is intimidating or hostile in the perception of the target can be said to be harassing.

 

Looking at the diary of events above it appears that Marlin have followed an industry-standard process, some of which may be in breach of OFT Guidance.

 

You need to send them a formal written complaint, itemising their breaches of their obligations under the OFT Guidance and asking for their proposals to resolve your complaint. Say that you require them to deal with your letter under their complaint procedure, which they should send you a copy of. You should make clear that all communication must be in writing, and that any visitor will be asked to leave. You should also address the 'alleged CCA'; if it's faulty, say that the debt is formally disputed and why.

[mestaoptik]

Thanks for the advice Scarlet. I'm in the process of sending them a letter informing them that the account is in dispute. They failed to send a true copy of the CCA within the prescribed timescale (12+2 Days).

 

I have not recieved a copy of their complaints procedure although I have requested it in the letter I am sending them, it was also requested in the first letter I sent them.

 

I wasn't sure what constituted unlawful harassment and was thinking that the frequency of their correspondence may have been considered to be unlawful harassment as I have kept in correspondence with Marlin on this matter all the way.

 

Thanks,

 

M.O.

[mestaoptik]

Should I send another notice of field visit licence revoke?

 

It was specified in my original letter sent to them and I am sending another letter to them on Monday morning, is it worth including a seperate notice of licence revoke?

 

Thanks,

 

M.O.