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junie61

Written communication

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I have just received a letter from Credit Style Ltd in reply to our letter to them, asking that all communcation be in writing.

Their reply is as follows: Please be advised that this account can not be resolved without speaking to you personally. Could you please provide either a viable contact number or email address that we may contact in future.

Can they legally make us give phone number, and also if they need to speak person to person why do they want email address?

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You can communicate with them in any way you wish, it is not up to them to dictate. If they have anything remotely important to say they can commit it to paper which can be used as evidence in the future. You should not communicate by telephone with them, especially not unless you have some means of recording the calls using something like truecall. Telephone jockeys have a tendency to say the first thing that comes into their tiny little brains & then later deny what has been said.

why do they want email address?
Probably to bombard you with threatening messages which is free compared to using snail-mail, besides some companies have a lucrative sideline in selling address lists to spammers.

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Thanks for reply cerberusalert, I was was pretty certain that we didn't have to give a phone number. I had the same reaction to the e-mail address issue as well. Have written back to them re-stating all communication must be in writing, (taking copies of everything we send them, and printing name not signing).

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Sorry to be a pain, but have just had a visit from Credit Style agent, who was getting irate when we re-iterated that all communication must be in writing. He finally left after we refused to to complete and Income and Expenditure on doorstep, (he told us it had to be completed with in there and then by him) and left it for us to complete and post ourselves. As we have written to them on more than on occasion stating all communication must be in writing, can this visit be classed as intimidation or harrassment? His argument to visit was post takes too long!!

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Hi, junie61.

 

I'll move this thread to a more appropriate Forum.

Have a look at your Notifications top right of any page as I will send you a Private Message with a link to it.

 

Regards.

 

Scott.


 
 

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OK; This is Harrassment: You will need to report them to OFT and Trading Standards online at: http://www.consumerdirect.gov.uk/contact

 

You should write and quote the following at them:

 

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.”

Also include a paragraph to inform them that you have made the above complaints, and request their Customer Complaints Procedure for making a formal complaint to them.

 

With regard to I & E forms, tear it up and put it into the envelope to return to them.

 

You can add a further paragraph that they are not legally entitled to any of the information they are requesting, it is your own personal financial information, and not for publication. Only a Court Judge is entitled to request, and receive this information.

 

Take control of the situation, and tell them you will be keeping a log of any further telephone calls and visits.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Also include this:

 

In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees, or your Agents or your Representatives to visit me at my property and, if you do so, then you will be liable to Damages for a Tort of Trespass and Civil Action will be taken. The Police will also be called.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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If this fool turns up again show him the error of his ways by calling the police and reporting a trespasser. In the meantime report this sorry bunch of losers to the oft, and demand from them their complaints procedure and complain about their "REP" in the strongest terms, lets see if he is so irate if he finds himself on the dole, and as they claim to be members of the CSA report them to that "reputable" organisation as well


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I love it when untrained and unqualified inept doorstep collectors get too big for their boots...

Print this letter off and keep it by your front door, and hand it to any knuckle head that graces your doorstep in the future without your express permission;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

Make a 'formal' complaint to the OFT & TS via http://www.consumerdirect.gov.uk/contact reference these idiots continued ignorance of your wishes.

 

Keep a diary of events also, with a view to reporting this lot to your local Police station for the criminal offence of harassment.

 

This is your property, your doorstep, your home, allowing some imbecile to intimidate you in your own premises requires the most robust action and immediate complaints to ALL those who are supposed to police these foolish companies.


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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Also you are under no obligation to complete their income and expenditure form on your doorstep or anywhere else, nor under any obligation to post it back to them.

 

If you want to come to some arrangement over payments then you could, for your own information, do an income and expenditure to work out how much you can sensibly afford without cutting back on essentials, and then tell them the figure you're come up with - something like 'having completed your income and expenditure form I am able to pay ...'


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Many thanks for all the answers you have given. I should have mentioned to debt is for a car loan and has been passed onto Credit Style, do we still have the same legal rights. What is their position on repossession, are they able to claim car without a court order?

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Do you have a copy of the agreement? If it is an HP agreement it will contain information about repossessing the 'goods' or is it just a personal loan for car purchase?


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If it was just a loan from a bank say, for the car, then no there is no chance of them repossing the car, if the loan is HP specifically for the car then dependant on how much you have paid toward it, then they may threaten to repo the car, but these are quite often just that, empty threats.


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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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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