harrased by telephone calls at home and work...doing my head in...

[kittex]

Hi,There,

I wont go into to much at the moment.

but the matter is regarding a car finance company.

due to a change in circumstances i wrote a letter to them explaining things

and also included a letter asking them not to contact me at work by phone or at home during the day up to 6oclock as my son works nights.

 

However ,they have continued to phone none stop..everyday and are extreamly rude.

 

My son has told them in a polite manner many times that contact only by written comunication.

 

I was at work and in the middle of an important meeting and they phoned ,

i ignored it and they rang again and again..in the end i had to answer and explain about contact...

i have to answer the phone at work as its in my office..

after this i got in touch with trading standards and explained to them what was happening

and they said they would contact the company.

 

The phone calls have not stopped and i was told by finance company they would ignore letters and continue to phone.

 

Im so fed up of it all ...i cant sleep and i dread answering phone at work now...

 

my son is fed up of being woken up.this whole thing is taking over...

 

why cant they just get the message and stop...

 

I need to sleep at night havent slept for weeks and im mentally exhausted with it ..

 

how do i get to end ..?

 

any suggestions please would be helpful...

 

thanks

[dx100uk]

and who is this co?

 

you really need to stop giving them rope

 

do not ans the phone ignore them

 

dx

[rebel11]

Hi Kitt

 

Calling you at work is against OFT Guidelines:- http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

 

It's Harrassment plain and simple, don't fear them.

[kittex]

and who is this co?

 

you really need to stop giving them rope

 

do not ans the phone ignore them

 

dx

 

hi dx...i know what your saying about not answering phone...i can do that at home..but at work...i cant...sadly

[kittex]

Hi Rebel11

thanks for reply....its not that i fear them,well not any more,,,but it just does my head in...this company think there above the law....but no..there not....ts on case big time now...

[dx100uk]

who is this company

please tell us the story.

 

however, you also need to stand up a bit to them too.

 

they have not legal powers

 

you are under NO legal obl to ans the phone at work or otherwise.

 

forget about them and start getting you life back inline.

 

you have ofcourse spoken to the ICO haven't you?

 

please name them else we cannot really help

 

dx

[kittex]

sorry i have to ask...whos the ico? the company is the funding corperation...but as i said ive been in touch with trading standards who have been really helpful and supportive ,so feel like im making a little progress on this....and also got appt with cab...

[dx100uk]

information commissioners office.

 

actually i meant the OFT but the ICO too why not

 

ah

the funding corperation

 

i take it you mean their car wing

 

ACF Finance?

 

dx

[rebel11]

Hi kit

 

You can make a complaint to the OFT online, they will send you a confirmation e-mail that you can post to the company that are harrassing you at work. Send it Recorded.

[kittex]

information commissioners office.

 

actually i meant the OFT but the ICO too why not

 

ah

the funding corperation

 

i take it you mean their car wing

 

ACF Finance?

 

dx

 

 

 

 

 

 

 

Thats the one ..lol...biggest mistake ive ever made..its caused so much stress in my life....and to be honest the way its going i will prob be in debt forever now cause of this...

[kittex]

I have replied saying it was acf.....

but theres a long story behind all this....

and its drove me mad....

its affected my work and my relationship...

in fact every aspect to be honest...,

i really dont know if it might be worth telling you the whole story and see if i can get some serious advice...

as i say ts are being really good...

and ive got appt with cab...

but i find it difficult to tell ppl whats going on ...

maybe its because i realised ive made a massive mess...

[dx100uk]

no thats what we are here for.

 

firstly though

 

please stop worrying

 

there is nowt they can do to you

 

and a awful lot we can do to them

 

but we need the history

 

open up notepad and type away

 

and try and use blank lines and some constructed sentences

 

inc the financial history with ruogh dates too please.

 

the copy and paste from notepad to here when it look and reads correctly what you want to tell us

 

dx

[kittex]

Hi Dx,

I bought the car in January 2008.and i can recall almost every little bit of the conversation that went on between myself and the sales person.

 

I wanted assurance that after half way through the contract so i could trade the car in or terminate or continue to pay for it like i did with my pervious car.

The car salesman told me yes all this was not a problem.

he went through the usual patter...

and i signed for the car.

 

I had no problems with the car or paying for it for the first couple of years.

Then my hours changed at work and a reduction in pay...

at this time the car needed an mot and some work doing to it...to the total of just over 300 pound...

i borrowed this money and payed for repairs and also borrowed money to pay two monthly instalments .

 

However in november last year ( this is when the trouble started )

 

the car was parked outside my work and some one crashed into it writing the car off,,

 

i contacted the finance company...only to be told i had no gap insurance...

i had everything else..

but not that..( no explanation as to why this was )

 

when i was told the outstanding amount i realised theres no way i could pay this,,,i had no money ,no car...and a massive debt..

 

When i looked into the contract,,

i found out it was on a bill of sale.

 

did some research on here about it..

and also about court stamp ..

so i sent off for a copy.

Ive been told that it is legal.

 

even though the court stamp is dated the day before i actually signed for the car

but the solicitors stamp is the day i bought the car.

 

i wrote to the finance company and told them about my financial situation and that i couldnt afford the monthly payments anymore

( i still owed money that i borrowed from paying previous instalments )

 

I also asked the finance company what they wanted to do with car as it was parked outside my property..

they told me " we dont want it "

 

I took advise and was told to tell the finc company that i insist they pick up the car and give me seven days clear notice in order to exchange keys off the property.

 

I sent them letters offering interim payments for around 6 months to see if my situation improves..i got no response,

 

i asked for a copy of the statement of account ( which untill this month was up to date give or take an odd ten pounds here and there.)

it was only after asking again that i got this.

 

I asked them not to contact me by phone .

at home or work...

which they still do...including today.

 

I then recieved a pack requesting all my details of my income..which im prepared to send and show them what i havent got ...because thats the case..i havent got,,

 

However what im worried about is if they take me to court...

which im sure eventually they will.,,

how do i solve this..?

 

I feel like i will be tied to this car for the next 20 years,,,

i have 2 years payment left...

which according to my calculations is around 6,000 pounds...

the statement of account says more.

 

i have paid way over what the car was worth..,

I dont really know where to turn to solve this..???

what do i do to make some progress and try and resolve it..?

 

and stop the phone calls.

 

I just feel its all a mess and

i cant see any light at the end of the tunnel..

[dx100uk]

you say the car was a right-off?

so why did your normal ins not cough up?

 

dx

[kittex]

the other persons insurance payed..but wasnt no where near enough..would imagine book price....,,,it was an 04 car...4 years old when i bought i so to be honest looking back it prob wasnt even worth the price when i purchased it...

[dx100uk]

can you post up the agreement

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[kittex]

Thank you for reply..dx...i will try and get it done over the next couple of days. as i will have to get someone to do it for me as im not very computer friendly...but its not a problem..thank you...

[kittex]

Just a quick message to dx.....i havent forgotton about documents being scanned and put on here for you...just trying to get it sorted....thanks for your patience...kittex

[dx100uk]

[knigget]

YOUR ADDRESS

HERE

Recorded Delivery

Tracking Number: ___________________

Bully boy Debt collector

P O Box 999

Lets be having you

Kent.

Pl345AE

Dear Sirs,

Harassment Warning

DO NOT IGNORE THIS NOTICE

Notice to Principal is Notice to Agent; Notice to Agent is Notice to Principal.

Regarding Reference: XXXXXXXXXX… Re; Harassment by telephone.

I am writing in relation to the telephone calls to my home telephone number (XXXXXXXXXXXX) that I have received from your company, which I deem to be personally harassing.

This is a private Telephone Line.

I have verbally requested these to stop, and that any and all correspondence with your company should be in writing only. But I am still receiving calls.

I now require the telephone number listed above to be completely removed from your system.

I am of the view that your continued calls are in breach of the Protection from Harassment Act 1997 and section 40 Administration of Justice Act 1970. 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 may be liable to a substantial fine.

Take notice, that all calls from your company are being logged by time and date received.

Furthermore I will take this opportunity to remind you of the following;

Guidelines with regards to collection of any Alleged Debts…

The Office of Fair Trading (OFT) has a duty under the Consumer Credit Act 1974

To ensure that licences are only given to and retained by those who are fit to hold

them. The Act provides that the OFT take into account any circumstances which

appear to be relevant and in particular any evidence that an applicant, licensee, or

their employees, agents or business associates, past or present, have:

engaged in business practices appearing to us to be deceitful, oppressive or

otherwise unfair or improper (whether unlawful or not).

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested..

False representation of authority and or legal position.

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted.

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment.

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureau, independent advice center’s or money

advisers.

d. contacting debtors directly and bypassing their appointed representatives.

i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued.

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

Debt collection visits

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

2.12 Examples of unfair practices are:

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed.

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

debt is deadlocked or disputed.

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.

Please also take Notice that;

I am in no way trying to evade a Lawful Debt.

Yours sincerely without ill-will, vexation or frivolity,

(First name) of the family (second name) (as commonly called)

Without any admission of any liability whatsoever, and with all Natural, Inalienable Human Rights reserved.

 

 

DO NOT SIGN IT..If they have a genuine debt with you, they can very easily sort it without harassing you by phone..I sent this one out today..I hope it helps you get a bit of peace..I don't condone running away from any debt, but I hate it when people are harassed for a debt they cannot afford and don't know what to do..

Stay Calm..if you Owe this debt..make a formal offer in writing, Make sure you keep up with any offer you make and you will be OK. Don't offer more than you can afford...Make a genuine and reasonable offer and stick to it..Remember too, that if you do go to court, That the court is there to safeguard you too, it is not just there to make you the bad one..They are there for your benefit too..so don't worry.. Good Luck ..

[kittex]

Thank You so much,,,

I will copy and write this out,,,ive wrote to them and sent my income and outgoings.....but today some big burley blokes turned up with out prior notice teo reposses car.felt intimidated.....wrote to company 4 months ago to pick it up....but to give me 7 days notice ,,but no......just turned up and spoke so the whole street could hear.....wasnt happy..but they said they would phone me when they arrange to pick it up with van......got to say be glad when its gone....debt still there....but im not the only one with debt.,,.Thank You for the letter....

[kittex]

O by the way...they did say they would continue phoning because they are a phone based company....but obvioulsy someone can type ..because theyve wrote to me also....

[dx100uk]

can you post up the docs in the format i advise please?

 

then i'll see if i can get someone onboard

 

somethig is not right here, even if its only the fact you have ins you can reclaim, that might kill the balance.

 

they wont go near court, so dont worry on the front.

 

dx

[kittex]

Hi dx

Im off work at the moment so going to try and find a library where i can do it....i didnt forget..,asked about ...and no one i know has got a scanner...printers and that but no scanners....girrrrrrr.....i dont know anyone where i live so no one to ask,,,,,although a kind gentlemen on this site offered me a scanner for free but lives to far away sadly....

I know i have things on agreement that im paying for as trading standards looked through it breifly and told me....

I will try my utmost best to get this done...

 

Thank you