Disgusting treatment from Perfect Home

[SquishySquirrel]

Hi there.

Back in July I took out a credit agreement with Perfect Home for a bed & mattress

(yes, I know I'm stupid, and it's very expensive, but there was no other way I could get a new bed otherwise)

 

I get my maternity pay every fortnight, but can't afford to pay 3 weeks in one go, only the two weeks,

so consequently I'm frequently in one weeks arrears, but it always gets paid off the following week.

 

This week, they have harassed me non stop for my payment.

 

They called me several times on Monday, to which I told them I would call back at some point on Friday with my payment.

 

At 8 am Friday, my phone starts ringing,

however it is a phone that I had not given them the number to (I gave them my other mobile number, as I can mute the other phone and not worry about missing important calls)

 

When I answered I told them I would call back before the close of play,

as I had a busy day, and couldn't speak then and there as I was half way through feeding my son.

 

I also asked her to remove the number she had called me on and call me on the number I had given her.

 

At 4pm, they start phoning me again. (this time on the correct number)

I told her that I had already promised to call them, and could she please stop calling as I was out and did not want to read my card details out in a public place.

 

She then called back moments later saying "You must make payment now" and getting very rude and shirty with me.

 

I told her that I would call her when I was not in a public place, and told her not to call back again, as she was harassing me.

 

I was also getting very embarrassed getting these calls whilst with a friend.

 

She immediately called back. I ignored the call, only to be called immediately on my other number.

 

I was called four times in two minutes on that number too, but ignored them.

 

In the end I was so angry I decided not to call them last night, but to do it first thing this morning instead.

 

I had set an alarm for 9:15, just after the store opens, so i could do so,

however by the time I woke up, I had 8 missed calls (4 on each phone) from them starting at 8am.

 

My question is, does this class as harassment? And if so, what can I do about it?

[babybear39]

Harassment is very personal. But they do seem to be acting very unreasonbly.

 

Send them a short sharp letter demading they stop at once. Include a list of calls and dates etc.

 

Copy in TS and the OFT and advise that you will have no alternative but to report their sorry asses if they continue in this vein.

[coledog]

Hi

 

I have problems with this company and the way they operate and am trying to get to the bottom of their practices and will be reporting back on this soon. There are some more posts on other forums but in my view not enough.

 

I don't owe them money and have been deliberately paying them up front. I also am making them sign receipts up front to say when next payment is due etc as I have had calls from them saying I am in arrears when I am not. I also had horrendous mix ups when I tryed to pay them by direct debit, caused by them.

 

When I go in the shop, the staff seem to be constantly on the phone to people (in full public view) demanding payment and it is difficult to get served. This must put new customers off.

 

The company has no central management or head office that you can complain to and the shops appear to be the only point of contact. They seem to be unable to provide any paperwork for the accounts and cannot provide me with a full statement of the payments I have made.

 

I would suggest that you put everything to them in writing and keep copies. State what you have told them and when you will be making the payments to bring the account up to date. In effect, write your own payment plan to bring the account up to date i.e. you will make the normal payment plus a sum off the arrears. This is an HP agreement so they have to try and make an agreement with you before they can cease the goods. Take this into them, state that this is what you are doing and ask them to agree to it in writing.

 

Beware as they are probably charging you for missed payments so request in your letter that they freeze all charges to enable you to bring the account up to date. If you have the contract, have a good look at this to see what they can and cannot do.

 

Regarding the phone calls you should ring Consumer Direct and ask them to refer this to Trading Standards as the calls are just harassment. Tell them you want to make a complaint and get the calls stopped as you are trying to make an arrangement. You can also send PH the telephone harassment letter which is in the library above.

[Bazooka Boo]

Well I would most certainly kick up a rotten stink about this, and I wouldn't stop until someone had been issued their P45.

Complain to the OFT&TS via http://www.consumerdirect.gov.uk/contact

Then to Ofcom http://www.ofcom.org.uk/contact-us/

And below are the criminal offences they have committed, so take your pick!

1 Prohibition of harassment. E+W

 

(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.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

127Improper use of public electronic communications network E+W+S+N.I.

 

(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)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

40 Punishment for unlawful harassment of debtors. E+W

 

(1)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—

 

(a)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;

 

(b)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

 

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

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

 

(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

 

(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

 

(b)of the enforcement of any liability by legal process.

 

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

http://www.legislation.gov.uk/ukpga/1970/31/section/40

 

The fact that they still flout the law is because people are too afraid to use it, the more people who do, will inevitably make these fools think twice before breaking the law.

She clearly works on commission and needed to hit her targets for the week, so well done for making sure she gets a miserable pay packet!

[SquishySquirrel]

Hi there. Have been having some trouble with these guys for a while.

 

consumeractiongroup.co.uk/forum/showthread.php?282193-Harassment-by-Perfect-Homes

 

Well, I phoned their head office three weeks ago, and said that I would not be making any payments until my complaint had been resolved,

but once it had been resolved the account would be brought up to date within 7 days. Fair, no?

 

I am now 3 weeks in arrears, and I was ignoring the stores phone calls until I had received a phone call with a course of action.

 

This is because I pay in store, but I refuse to go into the store while the woman who was responsible for the harassment was still employed there.

 

I received no calls for the first week I was in arrears, and then BOOM! Upwards of 10 calls a day.

I ignored them and waited for a response from their head office.

 

This morning, at 8:30am two members of staff knocked at my door.

This woke myself, my husband, and my 24 week old son up.

I went downstairs while my husband calmed our son down, and told them to leave.

I pointed out that they had made no appointment to visit me, and that this was unacceptable.

 

I was told that they were not leaving without either the payment, or the bed I have on HP.

 

I informed them that I would phone the police if they did not leave, as they were committing a tort of trespass.

They replied by telling me that they would tell the police that I was in arrears, and I would be arrested for theft.

(apart from the obvious threat, is it not illegal to discuss my credit agreement with a third party unnecessarily?)

 

They continued shouting about my debt, and Both of my neighbours heard and came round to tell me so.

My husband also heard them from upstairs.

 

I pointed out that they had woken my son up, and upset him, to which I was told "I don't hear a baby crying"

 

I was then informed I had to "Pay up now, or give us the bed. Do you want somewhere to sleep?"

I was also told that "I am a certified debt collector. I know more about the law than you. You studied law, and where has that got you? Working in Sainsbury's?"

 

At this point I called the police, and they soon cleared off.

 

My question is, what can I do about this?

It has embarassed me in front of my neighbours, and I feel belittled by the staff.

 

When I phoned their head office to complain, as far as I can tell, the manager didn't seem too surprised. It's a bit disgusting really

 

Also, can anyone reference the parts of the CCA regarding doorstep visits without prior appointment, and tort of trespass?

 

And also the legality of barking details of my credit agreements outside my house?

Thank you!

[Bazooka Boo]

Hello Guests!

Who is perfect homes? Is it Brighthouse by any chance? Got to pop out to get some vin rouge but will be back on later with my beer goggles on!

[PGH7447]

I suggest a strongly word letter to the head office wirth the names of the morons who came round, pointless phoning them, also send a copy to TS about their behaviour

[Bazooka Boo]

OK found them, and boy oh boy have they rattled the wrong cage!

Well done for ringing the Police absolutely spot on, I am so glad you did, the nonsense this total inept idiot spouted 'ON YOUR PROPERTY' is complete and utter bowlarks, and is a very very clear cut case of intimidation.

You have done well so far.

 

The phone calls of up to ten times a day is a criminal offence of harassment, and an offence under the Admin of Justice act, so you have the Law on your side regards to this.

 

40 Punishment for unlawful harassment of debtors. E+W

 

(1)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—

 

(a)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;

 

(b)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

 

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

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

 

(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

 

(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

 

(b)of the enforcement of any liability by legal process.

 

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

http://www.legislation.gov.uk/ukpga/1970/31/section/40

 

1 Prohibition of harassment. E+W

 

(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.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

This would need to be reported to your local Police and tell them you wish to press charges against them under the above acts.

 

If I could find you the CEO's name I would but there seems to be a plethora of avenues available when searching for this company, it would be very wise to tip off Ts and the OFT to there abysmal customer services using http://www.consumerdirect.gov.uk/contact

 

Also tip off your local press, if nothing else they will, if going through a dry spell of stories, put it in the paper, and you will be surprised at how quick disputes are settled when the press get hold of these stories! A la http://www.bbc.co.uk/watchdog/gotastory/ who should also be informed, you never know yours might be the final straw to break the camels back and have them investigate this pathetic company.

 

For a start, you cannot be arrested for theft, THEY can be arrested for a breach of the peace and threatening behaviour.

It is extremely unlikely that they are certified debt collectors, I only know of two certifications for DC's and these are required in the US only! This muppet probably thought he could threaten you by making it sound that he had somehow had some sort of legal training whereby he mysteriously becomes certified! Certified stupid definitely, AFAIK the only certification you need regarding debt collection is if you are a 'Bailiff', where you will be court certified, and you have training.

 

I still can't get over you calling the Police, that has made my week. I will almost always recommend people calling the police if they are being harassed in their own home, either by phone calls or some knuckle head on the doorstep who won't foxtrot oscar when told to do so, but, you did it before any coaching, well done!

 

Print this letter off and keep it by the front door if tweedle dee and tweedle dumber turn up again either hand it to them and shut the door, or push it through the letterbox through a closed door, if they again fail to leave, ring the Police 999 and report that someone is on your property who won't leave when told to do so , and you believe they will cause a breach of the peace.

 

OFT Debt Collection Guidelines....

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

e. not leaving a property when asked to

g. not giving adequate notice of the time and date of a visit2

2.12f: Visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed.

By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and

has offered a repayment programme which has not been agreed by the creditor or debt

collector. We are not saying that any offer must be accepted but we have seen cases

where offers are disregarded and a debtor is told that 'we are sending field agents'. Many

debtors are unlikely to understand this term and are likely to view the visit as a threat

designed to make them offer more money when they can pay no more. Some letters appear

to be designed to give this impression.

By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but

those who are being pursued for a debt they do not owe or genuinely believe they do not

owe. Debt collectors who can show that the debt is due and that any dispute has been

looked into and the debt confirmed will not be in breach of this provision.

2.12g: Not giving adequate notice of the time and date of a visit

When a door-to-door debt collector makes an initial home visit to a debtor it may not

always be possible for them to give adequate notice of the time and date of that visit. This

is not necessarily unfair.

The key word is adequate. This was inserted to ensure that what the debtor regarded as

adequate was key.

 

So for these incompetent fools attempts at bullying you into submission, you MUST make a formal complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

Good luck, keep off the phone, keep everything in writing, and take these muppets to the cleaners....

[SquishySquirrel]

Hehe, thank you all so much!

I think I'll print this thread off, and shove it down their throats.

I'm glad I phoned the police. I felt like a complete idiot at the time, but they just would not leave. I also knew I wouldn't be arrested for theft, so their scare tactics failed miserably. I don't live far from my local police station either, so I think I'll have to go get the full names of both members of staff and make a formal complaint. What irritates me most is the stress it put on my son, he's been in a complete mood all day. The temptation to go to their store with my tiny teething terror, and chill out on their sofas was almost unbearable!!!

I'm so glad I've got all these legal references! The woman offered to come in and sit down and go through the CCA with me. I might pop in to the store and ask her to follow up on her promise

Thank you again, so so so so much!!!

[Mr Worried]

Hi Squishy Squirrel ( thats a nice name )

 

WOW i cant believe that, and I got quite irrate as I read it, ' you studied law ' did you? and how did they know ( credit application ?)

 

Me being me I would have said to the ( certified debt collector ) oh can we just have a word over hear please...then BOOM , sorry officer it was self defence! rightly or wrongly thats just me I'm not a violent person but if that had of happened on my doorstep then the CERTIFIED DEBT COLLECTOR will be puting in a request never to return to my property.

 

Why dont you go and confront the member of staff instore, and see how she likes it, I did this for a friend who'm has all sorts of goods purchased from Brighthouse and they were speachless, as were the 3 customers browsing the glass coffee tables.

 

Mr W

 

 

 

 

Hi there. Have been having some trouble with these guys for a while. consumeractiongroup.co.uk/forum/showthread.php?282193-Harassment-by-Perfect-Homes

 

Well, I phoned their head office three weeks ago, and said that I would not be making any payments until my complaint had been resolved, but once it had been resolved the account would be brought up to date within 7 days. Fair, no?

I am now 3 weeks in arrears, and I was ignoring the stores phone calls until I had received a phone call with a course of action. This is because I pay in store, but I refuse to go into the store while the woman who was responsible for the harassment was still employed there.

I received no calls for the first week I was in arrears, and then BOOM! Upwards of 10 calls a day. I ignored them and waited for a response from their head office.

This morning, at 8:30am two members of staff knocked at my door. This woke myself, my husband, and my 24 week old son up. I went downstairs while my husband calmed our son down, and told them to leave. I pointed out that they had made no appointment to visit me, and that this was unacceptable. I was told that they were not leaving without either the payment, or the bed I have on HP.

I informed them that I would phone the police if they did not leave, as they were committing a tort of trespass. They replied by telling me that they would tell the police that I was in arrears, and I would be arrested for theft. (apart from the obvious threat, is it not illegal to discuss my credit agreement with a third party unnecessarily?)

They continued shouting about my debt, and Both of my neighbours heard and came round to tell me so. My husband also heard them from upstairs.

I pointed out that they had woken my son up, and upset him, to which I was told "I don't hear a baby crying"

I was then informed I had to "Pay up now, or give us the bed. Do you want somewhere to sleep?" I was also told that "I am a certified debt collector. I know more about the law than you. You studied law, and where has that got you? Working in Sainsbury's?"

At this point I called the police, and they soon cleared off.

My question is, what can I do about this? It has embarassed me in front of my neighbours, and I feel belittled by the staff. When I phoned their head office to complain, as far as I can tell, the manager didn't seem too surprised. It's a bit disgusting really

Also, can anyone reference the parts of the CCA regarding doorstep visits without prior appointment, and tort of trespass? And also the legality of barking details of my credit agreements outside my house?

Thank you!

[rockwell304]

I favour Mr. Worried's response! I'm not proud to say if this was me it would be a self defence issue.

 

Squishy Squirrell - well done for calling the police! you should follow Bazooka's advice and throw the book at them! BB has a good track record on here for dealing with morons.

[Halibutt]

Well done Mrs. Squirrel.

 

The peaceful route is certainly the way to go, as you quite rightly have a small claims court case against these morons for intimidation, harassment, threatening behaviour, breach of the DPA, etc.

 

The fact that you called the police means that (somewhere) there'll be a crime reference number or similar, plus full details of the callout - the police have to fill in forms regarding the nature of the call, action taken, etc.

 

You also have your neighbours as witnesses.

 

Bed: £250

 

Phone call to police: 10p

 

Sense of satisfaction getting a court judgement against these b*stards: Priceless

[debt4get]

there is only an implied license under English Common Law for people to be able to visit my property without express permission; the postman and people asking for directions etc (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 you, 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 action will be taken, including but not limited to, Police attendance.

hope this helps as to the legality of shouting out your details i would make a complaint to both trading standards and the OFT, it is certainly against the guidelines for debt collections and they could face a fine

 

[SquishySquirrel]

Right.

 

Just before Christmas, after making various complaints about store staff conduct (please see my previous posts)

 

I made a payment arrangement with the store, despite previously being told that no such thing existed.

 

They agreed to freeze my account for 6 weeks, whilst I paid them a slightly higher weekly rate to clear my arrears.

 

I originally went to sign this in the middle of December, after making plans to ensure a member of staff other than the two I had issues with, would be there to deal with me.

 

I dragged my then 6 month old son & his pram through the snow in order to hold up my end of the bargain, and sign the paperwork.

 

upon arriving at the store, I was told (by one of the members of staff I'm in dispute with) to wait.

 

I did, and a few minutes later he came out with the paperwork.

 

I explained that I was uncomfortable with dealing with her, and that I had been informed another member of staff would be there.

She told me it was her or the door, so I took the door.

 

I got a call when I got home, but at this point, I was unprepared to drag the pram up an down more snowy, slippery steps.

 

I then left it until after Christmas, as I was ill.

 

On NYE, I went and signed the forms, and made my first payment.

 

Problem solved, or so you would think.

 

The store closed that night for the new year, and about 3 hours after they re-opened on the Wednesday,

there was a representative from temple finance at my front door.

 

I didn't hear it, but a letter was placed through my door.

 

Apparently my freeze had been rejected as the store had been unable to contact me for 3 weeks

(because they kept getting the two staff members I had issues with to call me, ignoring my requests)

 

I then phoned the guy from Temple Finance, and made it clear that I would view his presence on my doorstep as a tort of trespass.

 

I sorted the issue out with Perfect homes on the 11th Jan and made a promise to go in and sign the forms again the following day.

 

Unfortunately, overnight my son developed Bronchiolitis, and was subsequently in and out of hospital.

 

On the 17th Jan, I had not long got out of bed, as I was ill and my husband was waiting for my son to wake up so he could feed him,

and we'd decided to head to the store.

 

However, before my son had even woken up, the guy from Temple Finance was outside the house.

 

I took a photo of him there, as I had already warned him that I would not tolerate his presence there.

 

He started calling me difficult and shouting about my debt on the front door step,

 

at this point, I called the police (surely this is enough to constitute breaking the Data Protection Act, and a Tort of Trespass)

 

He then proceeded to stand outside, smoking away, insisting the police would be on his side.

 

They were.

 

The police said that I had broken the contract, and to either pay up or hand over the bed.

I refused and told him, in the presence of the police, to escalate it to a bailiff.

 

The policewoman then informed me that if he did this, that the bailiff would not require a court order,

and would break in to the house by smashing my front door down, and they could, should they want to, take such items as my sons pram

(yeah, that's right, the policewoman told me this!)

 

I told them politely to [edit], and was advised by the 'debt collector' to head to the store and sign the arrangement.

 

I went in with proof of my sons hospital admission, and was told this was not good enough, and in addition, the store could do nothing anyway,

and that I should have called from the hospital!!!

 

I was also told that the day I arrived in mid December, I had walked through the door, spotted Yaniquesha (one of the questionable staff members) and walked back out.

 

I pointed out that their CCTV would prove this to be a lie, but they refused to check. I was told to leave the store.

 

So now, after repeatedly making an effort, it has web thrown in my face.

 

What can I do?

 

And was the policewoman right in insisting that the guy breaking the DPA (whilst I recorded him!)

and committing a tort of trespass, in the right?! (Apparently a my house is rented and not owned, it's not trespass?!)

 

Also, is the policewoman right in saying that bailiffs don't need a court order, can forcefully break Into my house and steal my sons pram?!

Edited January 24, 2011 by SquishySquirrel

[jimbo45]

Hi Sqishy Squirrel

Just a suggestion -- it makes posts especially long ones easier to read if you break them up a bit into paragraphs.

 

Digesting a Full screen of Text without any gaps / spaces / paragraphs is hard going and most people on these Forums bound by our UTTER LOATHING of DCA's etc are only too willing to help where possible.

 

Cheers

jimbo

[SquishySquirrel]

Heya! Sorry, I'm doing it from my iPhone, and I had my appendix out 48 hours ago, so I'm not at my peak when it comes to writing. Have had a quick go at dividing it up a bit x

[Revenant]

Hi Squishy

 

Sorry to hear you're not well . . hope you improve soon

 

I'm pretty sure that the Policewoman was wrong re the Bailiff not needing a Court order but if you pop into the Bailiff section on here and ask for advice I'm sure they'll explain and put your mind at rest . .

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

 

As for your dealings with this company IMO as you've made every effort you can around your given circumstances they're being totally unreasonable

 

I don't know how far up the pecking order you've gone when contacting them but maybe see if there's a CEO or MD you can go direct to, in the very least ask for their complaints procedure (if you haven't already) and escalate things

 

Keep the updates coming in and good luck

 

R

[coledog]

I would also suggest that you register a complaint with Consumer Direct and ask them to involve your local Trading Standards - link is below. PH do not operate like a professional company and you really need to report their behaviour. It seems to be 'impossible' to ring or contact 'head office' - I don't think that they actually exist and from my research it is actually the shops who deal with everything. You will find that if someone contacts you from 'Temple Finance', they are probably from another shop.

 

Trading Standards may be able to find a contact to deal with this dispute before it gets out of hand. You need to set up an arrangement to make payments without the abuse you are receiving.

 

It is very difficult to make payments without going into the shop - I know and I have been very close to decking a couple of staff members, to the extent that when they saw me coming they would ensure that there were two of them in attendence.

 

Contact TS via http://www.consumerdirect.gov.uk/contact

[SquishySquirrel]

I've been through their complaints procedure, and it's pretty poor. Nothing has come from it at all, as complaints are dealt with by another store manager. I was also refused the number of the area manager. Not sure where I would find CEO contact details, any help would be appreciated x

[Revenant]

This link is from the CCA Licence Register . . http://www2.crw.gov.uk/pr/default.aspx

It list names but not what position they hold within the company, better than nothing and a start at least

R

[harrassed senior]

Have you thought of contact Watchdog? Have not even heard of this company myself so cannot offer advice (I live on an off shore island which is at least 30 years behind the times!). We used to have a woolworths, but we all know how that ended:|

 

You can e-mail a story to Watchdog online, and if what is being said is the general experience of their customers they (Watchdog) may already have a file on it.

[42man]

It must be a dreadful role to be a Store Manager for this company, as you seem to be responsible for carrying out your own debt collection, along with all the other things associated with running a store !! If it was me in a similar situation, I wouldnt be doing any further business with them again.

[coledog]

Everytime I went into the store to pay them, there was at least one assistant behind the counter, on the shop floor, phoning someone regarding their missed payments and threatening to come round and remove goods. This must be very off putting to prospective customers.

 

You don't even have to be a day late - they phone you near closing time if they think a payment is due that day and their record keeping is terrible. I never missed any payments and paid monthly but I got calls saying I had.

 

Completely unprofessional. My dispute now with them is they have consistantly refused to provide a written breakdown of my account and payments even now that I have paid it off (I think), the fact that they insisted that I started the account a year after I actually did and the complete horlicks they made when I tried to pay by Direct Debit.

[ScarletPimpernel]

It seems to me that the issues here are (in no particular order):

 

- the store have failed to do what they said they'd do

 

- Temple Finance, and specifically their representative, are in breach of CPUTR and OFT Guidance

 

- the police officer concerned acted disproportionately and wrongly stated the legal position concerning bailiffs

 

What can you do about it? First, I'd strongly suggest that you stop dealing with these people on the phone, and put everything in writing. This will provide a paper trail as well as leaving no room for doubt, misunderstanding or saying one thing and doing another. Second, you should complain to your local Trading Standards, through Consumer Direct (as suggested by Coledog), about Temple Finance, as well as making a formal complaint in writing to the company. Lastly, you should make a complaint to police about the way the matter was dealt with; not because you want to get the indiviudal officer into trouble, but because this episode clearly shows that there is a major issue with the force's training on these matters.

 

If you need help with the letters, please ask.

[SquishySquirrel]

Thanks for all the advice

Firstly, I only have a contact telephone number of the rude guy from Temple Finance, would you recommend that I google a head office address for them, or should I try and contact him directly to get an address?

Also, what sort of letters should I send to them?

With regards to the police, again, should I contact my local station, or aim higher up, and what should I say?

Any help with letters etc would be much appreciated

Also, if the guy from temple finance comes to my house again, what shall I do? I was under the impression that the police should have removed this guy from my premises and possibly dealt with him for tort of trespass and breaking the DPA, but I was made to feel in the wrong. :/ x