Intimidating phone call from ECI Debt Collectors!

[panther12]

I have received a letter from ECI Debt Collectors telling me to ring them urgently. Now I knew this was to do with an old Barclaycard debt from over 8 years ago as it has been passed to various debt collectors but the debt is statute barred. The last letter I received was about 2 years ago from Global Debt collectors.

 

I rang ECI and spoke to a very snotty woman who said I owe over £5000 and I must pay now! (The original debt to Barclays was around 2k so gawd knows where the rest has come from). I informed them that the debt is statute barred under the Limitation Act and she said that although we can't use the courts we will still come after you for the money. I said that once I have informed you the debt is unenforceable in law then any further attempt to obtain monies is harassment. She tried to bully and frighten me and said they will continue to write, phone and call on me until I pay!

 

What should I do or who should I contact about this intimidating action. Should I first write to ECI to put it in writing that any further attempt to obtain money will be reported to the authorities as harassment? Incidentally, the woman flippantly told me to report it to the Police if I like but they will continue pursuing me until I pay?

[Guest Zooman]

bt block last number is about all you can do and complain to your local trading standards

[PeterG]

Hi

 

The OFT!!!

 

Google, Advanced Search, Exact phrase Enter. Look for:

 

OFT press release: OFT warns debt collectors about unfair practices.

www.oft.gov.uk/News/Press+releases/2002/PN+82-02+OFT+warns+debt+collectors+about+unfair+practices.htm - 21k - 14 Aug 2006 -

Citizens Advice also have an article based on the OFT press release.

 

Hope this helps

 

Best of luck

 

PeterG

[Guest Zooman]

I will now take sometime to answer your question and hopefully a few others.

 

Creditors or their agents are not allowed to harass debtors, but what is harassment.

 

Harassment is not one phone call however rude in 8 years. If you can prove harassment in relation to debt collection there is a lot that can be done with the courts.

 

To build a case you need a dairy of events in a small book.

 

Each time your are contacted by them on the phone you need to write as much and a few lines about the call.

 

Each time your are contacted by them by letter you need to record the Date of the letter in your dairy. Then keep the letter and staple the envelope to the letter.

 

Each time your are contact them by letter you need to record the Date of the letter in your dairy. Then keep a copy of the letter on file.

 

Over time you may be able to bring a case.

[Mike220359]

I'm sorry Zooman but that is trivialising the matter, the laws on Harrasment are very precise in that it is not the volume of calls or interactions that trigger an offence it is the nature and content. If panther 12 is affected by the content then strictly speaking the caller is in breech. P12 report them to the OFT they have strict guidlines of conduct. There are other threads on the site giving advice as to how to deal with this type of call.

 

Mike

[PeterG]

Is the HQ of the ECI you are dealing with, based in Great Eastern Street, London? If so, look at their website Debt Collections, Credit Checking and Bailiff Services and read 'Know your rights'!!!

 

PeterG

[Guest Zooman]

You can not report them to the OFT it has to be the police or trading standards. Maybe it does seem to be trivialising the matter but it is also the truth. And I hate to say it these type of Companies that buy statute barred debt do not care about OFT guidelines. If fact if the OFT guidelines where followed we would not have issues around DCAs statute barred debt, but the truth is that they are only guidelines.

[NailPost]

ECI is run from somewhere in Surrey and the big cheese used to be the big cheese at the Credit Services Association (CSA). A condition of their membership is adherence to the OFT guidelines on debt collection.

 

That's not much use in this case but after firing off a letter to these armholes informing them the debt is staute barred and unenforceable and demanding they leave you alone you can safely ignore them.

[panther12]

Thank you for the replies, much appreciated. I will keep a diary of any further communication.

I will have a search through the posts and template letters to find a suitable letter to send.

[hagenuk]

Try these, they worked for us.

 

Dear Sir/Madam

Ref:

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; my instruction stated quite clearly to you that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I trust that I have made myself understood on this matter.

 

 

Yours faithfully

 

If they continue to call, send them the following, but adapted for your circumstances. With regard to the following letter, we had received a letter from the DCA confirming that all future correspondence would be in writing and that no calls would be made for ten days provided that payments were made.

 

Since we sent the following letter, no calls have been made and we have had a further letter confirming that none will be.

 

 

Dear

I am in receipt of your letter of (date) 2006 and note its contents.

 

Despite your written undertaking contained therein to cease contact via telephone and your confirmation that I have ten days before your telephone procedure will be recommenced I have received two telephone calls this morning already.

 

As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

 

As you have demonstrably failed to honour your written pledge I feel I have no option but to report your conduct to the relevant statutory authorities, including Trading Standards, the Financial Services Authority and the Office of Fair Trading.

 

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal office of harassment and will be naming you in my statement to the police.

 

I trust that I have made myself clear and that all future correspondence with your company will be in writing.

[panther12]

Great stuff thanks for that. I will be getting a letter fired off ASAP.

 

It would appear ECI are Credit Ancillary Services Ltd, trading as ECI

 

I searched the CSA members Home Page and ECI are

European Collections & Investigations Ltd

St Andrews House

St Andrews Road

Surbiton KT6 4LX

ECI: Under Construction

 

I did notice the contact name at ECI is Scott Soutar who (unless there is another Scott Soutar) was the president of the CSA! However, that might go in my favour as an ex-president of CSA should know better and adhere strictly to guidlines. I will address my letter to him personaly.

[NailPost]

Panther said "I did notice the contact name at ECI is Scott Soutar who (unless there is another Scott Soutar) was the president of the CSA! However, that might go in my favour as an ex-president of CSA should know better and adhere strictly to guidlines. I will address my letter to him personaly."

 

Its what I said in my post! I wouldn't bother writing to the CSA though. They are only a trade association which depends on the subs its members pay to survive. Complaints are usually found in favour of their members.

 

With regard to the letters written by hagen telephone calls made after you've told the debt **** to stop should be reported to OFT and Trading Standards as well as the Information Commissioner - the **** are using data they are no longer allowed to use - and OfTel - the telephone regulator. The same letter to all four agencies should suffice.

[Seminole]

If I were you I would be inclined to buy some telephone recording equipment and try and get them to repeat what they said to you the first time round. I would then send a copy of the recording to your local Trading Standards and the OFT. The latter don't investigate individual complaints but if they get a series of complaints about a specific company then they may take a look.

[panther12]

Yes I have had dealings with the CSA about 3 years ago when Global Debt Recovery Ltd were pestering me regarding this same debt. Global lied to the CSA by saying they had already sent me all the information I requested but it must have got lost in the post! I realise they all pee in the same pot but at least I did get a letter from CSA confirming that Global have informed them they have suspended the collections process on the account. But 3 years on it looks like they have now passed it onto ECI to pester me.

 

I wish I had recorded the conversation and think I will invest in some recording equipment for the future. I have sent a letter addressed to Scott Soutar but I won't hold my breath. Will definitely report it to all relevant authorities should they continue to harass me.

[panther12]

I wrote and addressed my letter to Scott Soutar and I've now received a reply from the main man himself. He basically says debts that are statute barred does not mean that the debt is not due and payable, but I am correct in stating that "continuing to press for payment after the debtor has stated that they will not be paying the debt could amount to harassment".

 

He denies harassment but says as I have now advised the company that I will not be paying the debt we will not be pursuing the matter further with you. A result but no doubt they will pass it on again to another debt collectors!