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      • 16 replies
jed2004

AIC calling and texting my continously!!

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Hi i've been trying to deal with the dca's after me for some time now, After explaining to them all that i can not pay the full amount they are demanding or the monthly installments they want because i am a single mother on benefits and just don't have what they want most have went quiet apart from AIC who have been calling around 6 times a day and sending texts telling me to phone them!! They have sent me a letter well it was more of a card today with WARNING in big bold writting stating i must contact them immediatly!! I have already sent the telephone harrasment letter with no effect, The debt is a rbs overdraft which is all charges!! I have sent a SAR to the bank this was months ago but they said i have to wait the court outcome :confused:?? AIC said they will accept no less than £186.33 per month and have been sending me direct debit forms to fill out!! I just don't know where to go with this one any help appreciated, Thankyou.

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The Bank have to reply to your sar within 40 days. They must supply you with the information you have requested.

 

  • The request is not valid until it is properly received at the bank and is accompanied by the maximum statutory payment of £10.

  • You should ensure that the bank has all the information about you which it needs to identify you in it's records and also to be satisfied that it is you who is requesting the data disclosure. If you have changed address / name from that registered on your account send proof of this with your initial request.

  • If the request is incomplete in any way then the bank has a valid reason for not complying.

  • The bank has 40 days in which to comply with your request. You would be well advised to follow the request up with regular chasers - by telephone if possible but also by letter - especially if you have not received any acknowledgement of your request. Keep a diary of all calls and copies of all letters. You are urged to record telephone conversations if possible.

  • When your data arrives, if you consider that it is incomplete then complain immediately to the bank and tell them that the 40 days is still running.

  • Some people have received their data inadequately packaged or is damaged and in some cases it is clear that some data has fallen out of the package. If this is the case, then you should photograph the package before you open it, then try to assess what may be missing. Send an immediate letter of complaint to the bank together with some of the photos. You may also feel that your security has been compromised by the bank. In this case you should contact your branch immediately and insist on new account numbers, cards etc.

  • If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

If the bank does not respond to your 7 day warning then begin your complaint and start your action.

 

 

http://consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-


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When you write to them regarding your SAR use it to start a formal complaint. Include in it your SAR query, the way AIC are treating you even though they know the account is in dispute and finally refer them to Furguson V British Gas Trading regarding AICs harassment ;)

 

Complain to TS and the OFT. If they fail to fullfil your SAR within 7 days of your letter do as freaky says above :)


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JED 2004. I have been experiencing the same as you, continuous texts and calls from AIC. The next time they call or text don't ask them, Tell them that from now on you will only communicate by letter. It is your right to do so. If you haven't already I would suggest you visit citizens advice. Don't be afraid to, there are millions just like us going through the same hassle. It will make it easier for CA to help you if you have paperwork from AIC. They will be able to assess the validity and advise you of your rights. Quite honestly I don't take threats very well particularly over the phone. Their only interest is to coerce you into making payment using a card. They are not concerned about your personal circumstances, their only worry is to meet quotas and increase their bonuses! Please don't be afraid to contact your local CA bureau and keep looking at the site there's loads of support.

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Truecall may be helpful.:)

 

http://www.consumerforums.com/resources/legal-guides-and-manuals/68-the-truecall-call-recorder-and-call-manager.html

 

 

...............................................................................


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Welcome to the Consumer Forums

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You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

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Thankyou for your replies!! I shall contact the bank again about the SAR and see what they are playing at!! I did send a £10 cheque the first time round which my brother gave me but he said it has not yet been cashed!! I will write to AIC informing them that i am waiting on everything from the bank and i will claim back the charges because the overdraft was only £250 and they are now trying to collect £1400 + which is crazy i'm not paying that i will of coarse pay back what i am due in away i can afford!! They have again phoned me twice today :rolleyes: and this will probably go on all day!!

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If the phone calls are getting too much send them this:

 

HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {Your Telephone Number}

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 interferring 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 consquently my view that you are commiting the tort 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,

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign print your name.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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AIC are dogs. Until the message gets through to them that you won't talk to them on the phone, pick up the phone and if it is them lay the receiver down and let them waste their money.

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AIC are dogs. Until the message gets through to them that you won't talk to them on the phone, pick up the phone and if it is them lay the receiver down and let them waste their money.

 

 

I totally agree there!! I must admit out of all the dca's i have dealt with AIC have to be the worst!! They call all day and when i hang up or don't answer they start sending text messages!! Even when i emailed them to tell them i have already asked them to stop calling me as i will only communicate in writing they sent an email back the next day asking me to call MR MILLAR quoting some reference number to discuss my case??

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That's a standard card - as if MR Millar was anybody to give himself airs and graces instead of a tuppence- halfpenny nobody. Don't let them bother you.

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Subbing

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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