Welcome Finance Services Telephone Harassment

[scottybhoy]

Will make this brief:

 

WFS have repeatedly called my home for a Debt my Partner has with them even though we have both verbally as well as written to them to complain telling them their calls were harassing. Their local Collection Agent has also shown up at my door uninvited and shouted through the letterbox to get my partner to answer the door.

 

Anyway, they wrote to us saying that they were going to continue to telephone even though it has been written and explained to them that this is harassing.

 

Welcome feel that they are within their rights to do this. COMPLAINT SENT TO THE FINANCIAL OMBUDSMAN SERVICE.

 

Will keep you posted on how it goes.

[Tingy]

Did you send the official telephone harassment letter? Try to record them telling you they are going to continue harassing you - most mobiles have a simple voice recorder on them nowadays. You've then got real evidence to clobber them with.

[scottybhoy]

Have now sent the official one twice! Have always requested they do not contact me on all correspondence. I even spoke to the woman once and told her it was my phone and not my partners and I didn't want her phoning it to which she refused. I told her that if she ever turned up it the door again it would be the police escorting her away! Honestly Welcome Finance should get their license revoked and a 50k fine. You have to laugh about it but my partners worried sick. Will see how the FOS view it. A Copy of all the letters sent hav been forwarded. They won't get through again anyway as I've blocked their number.

[Tingy]

Good on you. I assume you knwo that Welcome are just about in the past now. They have been bailed out by their parent company Cattles while they finalise things. I'm rather hoping they will disappear completely sooner rather than later. That might explain the somewhat bullish attitude you're encountering as when the company is finally wound up then any outstanding complaints will cease to be relevant and it appears to me they seem to be psuhing very hard on a lot of accounts (they certainly are with mine!) to get some more money in.

[scottybhoy]

That's right forgot about cattles. I used to have shares in them a few years ago and managed to pull out just before they got suspended! Made a small profit too haha. Not sure what's happening to them now though. Won't be backing down to Welcome!!! I've took on British Gas, Halifax, George Walker and First Response who have all in some way or another tried some "underhand" tactics at some point. Thanks to CAG and it's posters I've come to an agreement that was fair and reasonable with them all. So come on Welcome let's seewhat you have!

[Tingy]

Desperation?

[scottybhoy]

Ha, aye desperation on their part! Tough times for everyone unfortunately the poor consumer has no one to bail them out - after bailing out the banks that is!

[Bazooka Boo]

You REALLY REALLY need to ratch this up a notch and take back control, show them who is boss.

 

Take a trip to your local Police station and report these clowns for the criminal offence of harassment, if the front desk tries to fob you off with "It's a civil matter" ask to speak to a senior officer, or preferably the Duty Inspector, the front desk is usually staffed by civvies who have no clue about policing/law, this IS a CRIMINAL offence, and you also have the added bonus that they are committing other offences under the Admin of Justice Act......

 

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

 

http://www.legislation.gov.uk/ukpga/1988/27/section/1

 

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

[scottybhoy]

I am so tempted I assure you. Once the FoS have their say I will upload the letter, pure utter contempt for the law, the oft guidlines and the welbeing of their customers. If it was up to me they wouldn't get another penny.! If the FoS bottle it as usual will send the wife down to the PS! Thanks for that post! I thought I was being a grump as usual!

[Bazooka Boo]

God no! Keep a diary of events and transcribe the previous dates times they have rang and threatened you, I would be in that cop shop first thing! Seriously, one call from the Police to this clown outfit will either shut them up, or see them in court defending a case of harassment. Take a copy of the telephone harassment letter you sent them also.

 

You might be pleasantly surprised at the Police' response!

[scottybhoy]

Ha don't give me ideas LOL! There on last chance saloon, so one more thing out of turn, then that is an option. Have blocked their number, maybe should unblock it as they will call back I know they will. Even if the FoS tells them not too. If the FoS agrees with me and they do call, I will make sure someone from there ends up in the dock!! PML!

[The Mould]

Ha don't give me ideas LOL! There on last chance saloon, so one more thing out of turn, then that is an option. Have blocked their number, maybe should unblock it as they will call back I know they will. Even if the FoS tells them not too. If the FoS agrees with me and they do call, I will make sure someone from there ends up in the dock!! PML!

 

Good morning scottybhoy

 

You can also rely upon Harrison V Link Financial Ltd [2011] as the authority in respect of harassment (intentional), further, you could also seek an injunction under s3 of the Protection From Harassment Act 1997 by making an application (N244) under said act into court, requesting the court to make the order preventing the creditor from making telephone contact, you could undertake this action yourself, have a read up on said act.

 

Kind regards

 

The Mould

[scottybhoy]

Excellent, thanks for that. Now this is what I like, threatening these b******* with court action to see how they like it!

[twinkletoes86]

Hi I wondered if you could help me......

I have posted a thread on here a couple of months ago so apologies if Iam repeating stuff here!

 

2 yrs ago I qualified from uni, got a job and moved to another city. I continued my part time job for a few months extra as left my job 2 yrs ago, I moved to another city and commuting back every weekend to continue the part time job with the council, as it was working with children with learning difficulties so was part of the adjustment process for them. It meant I basically had NO contact what so ever with my council office/line manager (which I never had anyways I had set hours and clients and nobody really knew what I did as my job had trasnferred depts several times!) Anyways when I left I handed in a pack with my annual leave outstanding request, my notice (which was already discussed and agreed on the phone with my line manager who I had met once!) my claims for mileage and expenses etc I had incurred over the couple of months I had been living away as I was 50miles away and couldnt even attend the office in person, but the line manager etc knew this.

 

So a few months passed and I was still getting paid, not so surprised was owed 4 weeks annual leave then had all my mileage and expenses however on the next month I called them and said and payroll basically said they didnt know I'd even left! Great considering they had paid me for 4 months!!! I got an invoice through 6 months after leaving to my mums address back near the job NOT taking into account any expenses holidays etc. I called the council told them my new address and all this about what I was owed before they could then recalculate what I actually owed!! spoke to a different members in the sundry income dept and eventually one said they would sort it, they immediately took off the annual leave amount, got a letter (to the new address saying a new invoice would come through....a yr later heard nothing, I'll be quite frank due to the gross negligence of them not processing my annual leave expenses and notice I presumed someone had wiped it! But then I got a credit note saying It had been cleared...result!

afraid not! couple of months later I got billed for the amount again!!! Back through trying to speak to the same people, nobody even knew who I was someone dealing with it was on long term sickness and another maternity! Eventually spoke to a guy who directed me to payroll, then my old line manager for all of them to tell me its not their place or problem to process the expenses and credit it against my account...Everyone accepts I got mileage monthly, and there mustve been some sort of expenses incurred like there was every other working month of my 4 yrs working there!! But basicaly nobody seems to take responsibility! and the paper work appears to be lost so Im told I owe them £550...yet they wont credit any mileage or expenses for 4 months (£350)

I was passed pillar to post, I offered my diary, my workings out of the expenses etc nobody was interested without the necessary paperwork! and now its nearly 2 yrs later still dragging on, I cant even rely on clients to back me up, and my line manager was very unhelpful and cheeky I had 'left it for so long' despite me thinking it had been dealt with a yr ago!!

 

Anyways now they have passed it to a debt recovery agent George walker, who say Ive got 7 days to pay or might take legal action and it might affect your credit rating etc. Best part it they have sent it back to my mums address despite correspondance coming to my new address for 18months now!!!

Its complete incompetence, completely negligent, no addmitance of responsibility, nobody interested in negociating or resolving it, everyone has a I cant do anything for you attitude!

Anyways Iam Just wondering what do I do now, are this recovery team the real mccoy or cowboys like the council! Do I reply or refuse to correspond with them as its in dispute with the council? Eve though Ive told the council I dispute and nobody had an answer to resolve for me! So it seems they have just forwarded it! Iam also worried I dont have much written correspondance with the council except their letters and accounts as I have always telephoned!! (esp with the paper work being lost initially) realise now this may not help me! But I assumed eventually someone would know how to do their job!!

[Tingy]

Hi Twinkletoes,

 

You really need to start a new thread for this, then we can give advice. If a site member reads this, perhaps they can do that. I'd disregard the DCA for now - I always ignore the first letter sent by any DCA in any case and always send the Prove It letter if they send another one to me. In this case a Prove It letter may be rather hard for them to reply to.

[Tingy]

Scottybhoy BB is being totally serious, and I have to say I agree with him. Find 10 minutes to go to the police station. If you have a crime number to back up a threat of court action they will take it seriously. The police also have to take it seriously as Welcome are committing a crime.

[scottybhoy]

got "acknowledgement" letter from FOS today. Just a wee update, nothing much, so should hear back from them in a few weeks. Wonder if the spineless bunch will uphold my complaint

[scottybhoy]

Just an update. Still waiting on response from FoS but the ********s (welcome) are trying to contact my partner again on my private telephone line. Waiting until the FoS get back to me, but as soon as they do, off to the local police station I go. I am now going to make formal proceeding against them. Court here I come, I am fed up with cretins like these praying on the weak.

 

If anyone has some good advice on who to write to now/complain too, then please let me know, everyone who can fine this shower of **** is going to get a letter - "that's it I'm writing a letter" - sure that was out of whitechicks the movie LOL!

 

Will all be over shortly once my partners bankruptcy comes through but in the mean time, I am going to make a stand which everyone else should do and stop taking the crap that cretins like these heap on people.

 

Scotty

[Bazooka Boo]

Get onto Ofcom for breaches under the communication act.

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

 

127Improper 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)).

 

Then the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

For breaches under various other acts..

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

 

40 Punishment for unlawful harassment of debtors.(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.[F1(3A)Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.](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/1988/27/section/1

 

1 Offence of sending letters etc. with intent to cause distress or anxiety.

 

(1)Any person who sends to another person—

(a)a [F1letter, electronic communication or article of any description] which conveys—

(i)a message which is indecent or grossly offensive;

(ii)a threat; or

(iii)information which is false and known or believed to be false by the sender; or

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

(2)A person is not guilty of an offence by virtue of subsection (1)(a)(ii) above if he shows—

(a)that the threat was used to reinforce a demand [F3made by him on reasonable grounds]; and

(b)that he believed [F4, and had reasonable grounds for believing,] that the use of the threat was a proper means of reinforcing the demand.

[F5(2A)In this section “electronic communication” includes—

(a)any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12)); and

(b)any communication (however sent) that is in electronic form.]

(3)In this section references to sending include references to delivering [F6or transmitting] and to causing to be sent [F7, delivered or transmitted] and “sender” shall be construed accordingly.

(4)A person guilty of an offence under this section shall be liable on summary conviction to [F8imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both].

[scottybhoy]

Thanks BB

 

I actually just called them. Remained calm and had a witness in case they try any funny stuff. Feel better and have made my point very clear.

 

Going to pursue this all the way. The point of me telephoning was to hopefully give my partner some breathing space until this is formally resolved as she is very upset about it. Its not acceptable. Not acceptable at all.

 

Will post updates on my complaints.

[scottybhoy]

just an update, yet another complaint the FoS cannot deal with - what is the point of them - there are too many organisations claiming to help people when in fact they can't or don't want to. Dont want to upset the status quo eh?

 

Anyway, word for word this is what it says, if anyone can shed any light on why this may be the case, the I would love to know:

 

"...The matter you have raised does not appear to be something we are able to look into. This is because complaints against this firm about events which started on or after 14/01/2005 have to be referred to Financial Services Compensation Scheme. I would therefore suggest you contact them at....".

 

Interesting, why - have no idea, off another complaint goes to someone else about welcome. Again, no phone calls as yet - the bloody know better now. Scottybhoy wins again! haha!

[scottybhoy]

just found this......... ha ha ha ha ha ha ha ha!

 

http://www.fscs.org.uk/news/2011/march/fscs-declares-welcome-financial-7pghpepm/

 

Sorry, I just cannot find a sympathetic hair on my body for these idiots!

 

Welcome Finance - YOU ARE IN DEFAULT!

 

Here is the FSCS official take on being in default: "A firm unable, or likely to be unable to pay claims against it. This will generally be because it has stopped trading and has insufficient assets to meet claims, or is in insolvency."

[scottybhoy]

still calling me and my partner is bankrupt. says they aint going to stop calling, thats it, court it is. sick of them. removing my phone as well! had enough!

 

FSCS and FOS are all talk and no teeth.

[Bazooka Boo]

Take a trip to your local police station and file a report of harassment against them.

 

Get onto Ofcom and lodge a complaint with them, and go through the malicious calls procedure with your phone provider.

[scottybhoy]

doing that this time. Have also told my partner to get onto her AiB to kick arse as Im sure that one of the conditions of BR is so that creditors dont contact you - that is why we pay the £100 to get the advert in the paper!

 

I really do hope everyone at welcome loses their jobs and they can see what its like to cope with all this crap - god forbid their have an unwell partner to live with too! Traffic wardens are more moral than these people! ****, utter and complete ****.