Wescot Credit Services

[casper1963]

lol id best log of for the nite

[BRIGADIER2JCS]

OH Bu*Ger:lol:

[teaboy2]

Lol, not that any us would be sober enough to stick to such rule, if their was one

[BRIGADIER2JCS]

:deadhorse::flypig:

[little teacup]

Just a quick update. The letter was posted a week ago and my daughter is still getting one text or voice message a day. I havent been able to answer the phone as it has all been in school hours.

LT

[Undercover-Elsa]

Did you send it recorded?

[Bazooka Boo]

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

 

Report them to Ofcom Otelo and then the Police for the criminal offence of harassment.

[BRIGADIER2JCS]

Is there any way you can block the incoming call in the phone,or just simply change the sim card

and get a different number.

Brig.

[little teacup]

No it didnt go recorded OH just picked it up and thought he would be helpful and just posted it.

Its on a contract so can't change the number or SIM. Will have a see if I can block the number.

LT

[BRIGADIER2JCS]

Could ask the service provider to change the number due to harassment of a minor.

[Undercover-Elsa]

Check your providers T&C's on the website for their policy on malicious/nuisance calls. Who is it BTW?

[knigget]

I would phone the Police and inform them you have requested these calls to stop and that they are aware the phone belongs to a young girl..Also inform OFT AGAIN and trading standards, if they don't stop go to your Local county court and ask for legal advice regarding your situation..I'm sure once you have made the clerk of the court aware of the situation they will help to stop this un-neccessary harassment..Keep your chin up..they are just digging themselves a deeper hole.

[Undercover-Elsa]

TBH I should resend a copy of that letter by recorded, with a note stating date it was sent and that your child is still receiving calls and texts from them, and further action will be taken if they do not cease within 1 day of receipt of this recorded letter. Once you can prove they got it and don't stop, then you can complain to everyone and everyone. Otherwise they'll just claim they didn't know.

[theghost]

Its worth pointing out that the missed calls you havent picked up wont really be classed by the DCA regulators as excessive until you pick one up and tell them you dont want to communicate by phone for whatever reason (or they recieve your letter of course).

 

The way the regulator will look at it is that they phoned you but you were not available.

[BRIGADIER2JCS]

Elsa's advice is as usual spot on,get the letter off asap.

[little teacup]

Sorry for delay in replying. Fell asleep!!!

Will get the letter off again tomorrow, recorded this time.

Many many thanks for all you suggestions and advice it is very much appreciated.

The provider is TMobile.

LT

Edited June 21, 2011 by little teacup
spelling

[Bazooka Boo]

Its worth pointing out that the missed calls you haven't picked up wont really be classed by the DCA regulators as excessive until you pick one up and tell them you don't want to communicate by phone for whatever reason (or they receive your letter of course).The way the regulator will look at it is that they phoned you but you were not available.

 

Not entirely correct. If you deem it harassment, which is what it is, it matters not whether you answered the phone or not. The law is very clear on harassment and your protection from it.

 

1 Prohibition of harassment.

 

(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.

 

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;

[BRIGADIER2JCS]

Nice!!!!!!!!!!!!!!!!!!!!

[theghost]

I had this discussion with someone on another thread but got told to shut up as it was derailing the thread.. but in essence

 

1) S40 of the AOJA no longer applies for business to consumer debt collection activities

 

2) the harassment Act will amlost certainly never be used by Trading Standards who are the main enforcers of thing type of crime as there are more relevant pieces of legislation that they would use first

 

3) In reality this is extremley small time and its not harassment whatever you want to call it - just based on what we have been told no action would ever be taken by any enforcement authority. The Op doesnt feel harassed enough to stop her daughter taking her phone to school everyday does she?

 

The facts of what happens in reality is not the same as what is said on here, like I say if the Op took the complaint as it stands to a regulator they would not be interested unless she had actually picked up and told them to stop calling her (although writing a letter is fair enough) but they would also question why she is so reluctant to pick up the phone when she knows who the caller is. Its not like she is being called 10 times a day when she has cetegorically told them she doesnt want to speak on the phone (lets assume the letter is lost).

[little teacup]

theghost,

All the phone calls are in school time. I let my daughter continue taking her phone to school as she can contact me and I want her to have her phone with her. It makes her feel safer I am only a phone call away.

LT

Edited June 21, 2011 by little teacup

[little teacup]

Just a small update.

This morning I have emailed both letters to [email protected]

I will send two recorded letters to the PO Box address and the address that Knigget kindly provided when the Post Office opens.

Once again many many thanks for the help and advice.

LT

[Undercover-Elsa]

Excellent!

[Bazooka Boo]

I had this discussion with someone on another thread but got told to shut up as it was derailing the thread.. but in essence

 

1) S40 of the AOJA no longer applies for business to consumer debt collection activities Who said?

 

2) the harassment Act will almost certainly never be used by Trading Standards who are the main enforcers of thing type of crime as there are more relevant pieces of legislation that they would use first

It has nothing to do with trading standards? It would be the OP reporting them to the Police for the criminal offence.

 

3) In reality this is extremely small time and its not harassment whatever you want to call it - just based on what we have been told no action would ever be taken by any enforcement authority. The Op doesn't feel harassed enough to stop her daughter taking her phone to school everyday does she? Excuse me? Why should the OP stop her daughter taking a mobile phone to school?

 

The facts of what happens in reality is not the same as what is said on here, like I say if the Op took the complaint as it stands to a regulator they would not be interested unless she had actually picked up and told them to stop calling her (although writing a letter is fair enough) but they would also question why she is so reluctant to pick up the phone when she knows who the caller is. Its not like she is being called 10 times a day when she has categorically told them she doesn't want to speak on the phone (lets assume the letter is lost).

 

LT you haven't got to justify anything to anyone on here, it is perfectly clear why kids have phones and their parents wish them to carry them.

This appears to be another attempt to derail your thread and try to discredit the advice of others.

 

The advice you have been given is sound and any report of harassment to the Police will be treated as such.

[BRIGADIER2JCS]

Well said, negativity personified in the ''Ghost''

[Bazooka Boo]

There are those who offer advice with the sole intent of helping others, then there are those who simply want to kick you in the goolies!!