Phone calls at work

[biffette1965]

Today I received two calls from a debt collection company on my work phone...nothing unusual about that you might say except that I NEVER give out my work phone number, not on application forms not on anything. The first person I spoke to (a lady) would not tell me where she obtained my number from. I told her not to call me on that number again and she hung up. About 10 minutes later I received a call from a gentleman - again I repeated that was my work phone and not to call me on that number again. What I want to know is because I have told them not to call me on that number again - are they obligated to accept my wishes? As I have told them not to if they continue can that be classed as harrassment? I'm not allowed personal phone calls at work (and work in an open plan office) so I could get into serious trouble. Any advice would be much appreciated.

[cerberusalert]

Moved to Debt Collection Forum

[rebel11]

Hi Biff

 

I would send the following letter to the creditor, send it Recorded. You could copy it to your Local Trading Standards. http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

[unclebulgaria67]

 

Send the letter as advised.

 

You can report this to Trading Standards by phoning their central helpline Consumer Direct. Consumer Direct

 

What you will find, is that the debt company have phoned someone you know and have made up a story, saying they need to contact you urgently. Someone may have innocently given your number. Or if you are on any business networking sites, if your current employer is shown, they could have found this.

 

But the debt collectors should know it is against OFT guidelines to phone a work address, unless the debt is related to the business.

[biffette1965]

Thank you for your advice and I will indeed be sending a letter to them, especially since today a colleague of mine answered the telephone (I was away from my desk) and the 'gentleman' from said company was rude and abrupt with her.

 

Am I allowed to ask how they got my work telephone number? I am absolutely flummoxed as to how they got it. The only people that have that number are my husband and my mother. I have worked there for almost 5 years without previous contact and there are around 1,500-2,000 employees. I am only employed as a secretary so no correspondence goes out with my contact details on and I don't appear on the company website (and I've googled my name and nothing comes up for that). I really am at a loss to explain how they got my number and think it might be useful to find out so I can warn other people if I am allowed to ask.

[rebel11]

Hi biff

 

You could send them a SAR Request with £10, there would be a entry when that information was received. Then once established you could contact the ICO, Data Protection and Freedom of Information Advice - Information Commissioner's Office (ICO).

 

Have you applied for any sort of credit? or filled in any online forms?

 

It might be an idea if you read the OFT Debt Collecting Guidelines.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

Edited July 9, 2010 by rebel11

[Guest Cartaphilus]

It's actually quite easy, whether or not your number is given to them or not for them to eventually trace a number which some of the others have already touched upon. If I am allowed to ask ... which company is this that is harassing you at work like this?

 

Some light reading for you re what they are doing and what the law has to say about this kind of thing (asides from the advice already given about what to do and whom to write to to complain):

 

 

Administration of Justice Act 1970

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

The Protection from Harassment Act 1997

 

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

Edited July 9, 2010 by Cartaphilus

[biffette1965]

When I fill in any forms I only ever put my home number (because we have an answering machine) and occasionally my mobile (but it depends on what the form is) but never, NEVER my work number. If I genuinely thought I had ever put it anywhere I would hold my hands up but I have never done it purely and simply because we are not allowed personal calls at work and I have now wish to have a disciplinary matter made of it.

 

The company that is harrassing me is a company called Aktiv Capital whose correspondence address is in Chester but the lady who telephoned yesterday and the 'gentleman' who spoke to my colleague today were definitely not British.

 

I have two debts with Egg and this company is asking me to contact them to arrange a repayment programme. I must confess that I haven't yet contacted them which is my fault but my father suffered a major stroke at the end of January and he was in hospital until the end of May and has now been placed in a nursing home so answering correspondence has been the last thing on my mind.

[Guest Cartaphilus]

Aktiv Capital

 

They are very well known, posted about here.

 

we are not allowed personal calls at work and I have now wish to have a disciplinary matter made of it.

 

Well, you don't have to put up with it, others have pointed you in the right direction where/whom to complain to but as you will have read above under Protection from Harassment ... they are acting in an unlawful way, designed to embarass you at work. Which is harassment. IMHO I also think they do so on purpose, which makes it worse. They know where they are calling because of having traced your number there.

 

I must confess that I haven't yet contacted them which is my fault but my father suffered a major stroke at the end of January and he was in hospital until the end of May and has now been placed in a nursing home so answering correspondence has been the last thing on my mind.

 

I think under those circumstances, the last thing anyone would be thinking of would be contacting that lot so don't be hard on yourself. Family comes before these mongrels.

 

Hope you get this sorted out but one thing: they are allowed one point of contact to contact you, which can be by letter writing only. If they argue the toss quote the Data Protection Act and that you want them to remove any numbers they hold on you, given them a time limit to do so, if they fail to they are committing an offence. That is a tip I used with one creditor a long while ago and was suggested to me by CCCS.

[rebel11]

Hi biffette

 

Are they bank or credit card accounts? And have you got any Penalty Charges or PPI on the accounts? Have you sent CCA Requests?

[biffette1965]

One is a loan debt the other is a credit card debt - they used to be covered in a debt management plan but for a major part of last year my husband was unemployed so we had to give this up and I negotiated repayment programmes myself - and they have written to me to 'negotiate' an increased repayment. I have no idea about the penalty charges or PPI...and what is a CCA request?