Telephone harassment from Impact-Vanquis Collections.

[Why?]

Impact, who act on behalf of Vanquis, constantly call me day and night. I have explained to them many times that I am not the man that they are searching for, (especially as I am a woman) and have never had a Vanquis card. I do, however, know the man they are searching for and have allowed him to make calls from my phone on many occasions- but he has never sited it as a number to be contacted on. Despite them assuring me three times that they will remove my number from their call list, I am still receiving calls at least twice a day; sometimes automated, and always from numerous numbers.

 

Does anyone have advice on what I should do?

[rebel11]

Hi why

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Thread moved.

[knigget]

Harassment Warning

DO NOT IGNORE THIS NOTICE

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

Re; Harassment by telephone.

I am writing in relation to the telephone calls to my home telephone number (your number here) 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 informed your agent that I have no business with your company. 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.

Print your Name but DO NOT SIGN IT.!

Hi There Why... Send them this NOTICE..Be sure to log all calls from them and report them to the local trading standards office, you can find that by Google for your local area..

You have made your position clear it is now up to them to research. You don't have to prove you don't owe them anything, its up to them to prove that you do, and until they do, they must cease any action, phone calls or harassment of you till they know that you are the person they are wanting to contact..

I'm sure some of the more knowledgeable folks here can help you further..Try to stay calm and not worry, you are in good company here..

Edited May 7, 2011 by knigget

[BRIGADIER2JCS]

Subbing

[Kitten1]

I personally wouldn't bother with all the oft guidelines on debt collection in your letter. You do not have anything to do with them and so they simply need to cease and desist.

 

Write n tell them that, unless they remove your number forthwith, you will report them to the oft, trading standards and police for harrassment. And, you will also be looking ar sueing them.

[knigget]

I personally wouldn't bother with all the oft guidelines on debt collection in your letter. You do not have anything to do with them and so they simply need to cease and desist.

 

Write n tell them that, unless they remove your number forthwith, you will report them to the oft, trading standards and police for harrassment. And, you will also be looking ar sueing them.

The problem you could encounter by leaving out the OFT guidelines is; that they believe that Why does Owe the money, or someone at that address does..If Why puts them on NOTICE and uses the OFT guidelines it can be proved that She has done so, and that they are in breach of their regulating bodies guidelines, because they haven't investigated whether or not it is Why's account before harassing her, and as such can have sanctions taken against them for acting with out cause..

All the best ..Kniggs.

[Kitten1]

My thoughts were that Why has already stated that they are asking for someone else and they have gained her phone number purely from their caller id system.

 

They know who they want and it's not her but they are using her number as a contact for the person they want iyswim.

[BRIGADIER2JCS]

You must report this misuse of you number to Ofcom and trading standards.

Have you got caller recognition on your phone?

[sir_gilmour]

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.