Debt collection and CCA

[gggirl]

Needing some advice here.

I have sent requests for CCA relating to 3 accounts, two to Reliable Colletions and one to fredrickson International.

Reliable sent me back identical copies of 'an agreement' (for two different accounts both opened in 2004) neither were signed by me and had the wrong address for the time of the account being opened. One was for fashion world and after looking at a list of transactions on the account it shows that goods bought totaled £775.23, payments made were £623.41 leaving a balance of £151.82 but claiming i owe £583.55 the other is for simplybe items bought £479, paid £613.69 balance due £293.84!!! I disputed the agreements but they have replied saying they do not need to provide signed copies....Is this correct???

Fred In, on behalf of Argos sent me a copy signed by me but not stating and terms and conditions, they text, call and write to me numberous times a week. What should my next step be?? These companies even continued to contact me after I told them I was having daily treatment for Cancer, which caused me added stress to my condition. Feel like i have hit a brick wall with them!!!!

[cerberusalert]

Moved to Debt Collection Forum

[harrassed senior]

Firstly send the following to all who are harrassing you

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

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]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Having been in your position, I did personally expand the above to include the facts about illness and treatment but up to you!

 

 

I would also complain via Consumer Direct about their disregard for your circumstances.

[huggy41]

bump so it will go to the top of the list

[Bazooka Boo]

First thin to do is to put them on notice for their telephone harassment.

Send them this via RD;http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Then make a formal complaint about all of them to Consumer Direct - Contact us

 

If there is a chance you could scan and post up the CCA requests you received then people will be able to give you clearer advice as to their enforceability.

 

But it does sound like all of them can be placed in dispute, but wouldn't like to advise until we have seen the agreements.

 

Another company you can file a complaint with is Ofcom | Contacting Ofcom reference the abuse of the phone network.

 

If the harassment continues take a diary of events down to your local Police station and file a complaint of harassment aginst them. It is a criminal offence not a civil matter, so don't let them fob you off, ask to speak to a senior officer or the duty inspector if the front desk tells you otherwise.

127 Improper use of public electronic communications network

 

(1) A person is guilty of an offence if he—

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a) sends by means of a public electronic communications network, a message that he knows to be false,

(b) causes such a message to be sent; or

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

Communications Act 2003 (c. 21)

 

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

Protection from Harassment Act 1997 (c. 40)

[harrassed senior]

Is it possible for you to scan and upload what they purport to be the agreements (remove any personal information). We can then advise further on the enforceability or not of these documents.

 

They are correct that they do not need to supply a signed document, but they must confirm that they HAVE the document, and, if they have, why have they chosen not to send a copy?

 

IE: To include in any request: If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc