NCO Europe KEEP calling!

[archaeopteryx]

Trust me I don't like them any more than you do.... ironically they owe me £300 in wages. Do ya reckon I should ring them twice a day?

 

How about Employment Tribunal ES? I'm going through that myself at the moment, and the Citizen's Advice Bureau tell me that I have the law on my side, simply because every person is entitled to be paid for work completed.

 

Finding this thread extremely helpful thanks. I DO owe money to NCO but never had any letters. I did get one of their 'Joe Schmoe who says he's visiting, but actually won't' cards, and through the CAB (drawing up a Personal Budget Sheet etc) I made an offer of repayment. NCO told me it would cost them more to process than it was worth, so agreed to freeze the account for three months, in anticipation that my circumstances improve.

 

However, the person my CAB chap spoke to obviously didn't tell anyone else at NCO about that conversation/arrangement because the calls just keep on coming! One such call came through to my mother, they asked for me but I was out, when she told them I wasn't home they apparently became threatening, and said they were coming round. She kept asking who they were but they refused to say!! Imagine how scared she was, especially at home alone (and disabled).

 

I then received a bill for the amount I'd offered to pay, only with several noughts added to the end!! I returned to the CAB, who spoke to them again, and AGAIN agreed to freeze the account.

 

Guess what? They're still calling, demanding the money!

 

I'm keen to pay NCO/PayPal as soon as I can, as with all my debtors, but if they think using 'scare tactics' mean they'll get paid ahead of the others they can think again!

[bed32]

I have just had a chat with OFCOM about these people. They particularly took note of the "silent calls" from the 0870 number. (I don't think there is ever anyone on the 0870 number)

 

I'd suggest that anyone else who is getting these calls also makes a complaint - that way we may get enough complaints for OFCOM to have a look at this.

[noomill060]

bed- what contact details did you use for Offcom?

[ODC]

I wonder what part of DO NOT CALL they dont understand

 

Have they an exemption under the Harrasment and Telegraphy Acts. The sooner somene prosecutes these twits the better

[bed32]

bed- what contact details did you use for Offcom?

They have a complaints contact number listed on their website - 020 7981 3040. The chap I spoke to tried to be very helpful and give good advice (although I had heard it already).

 

He logged the details I gave him on the system but I am not so naive as to think they will take much action based on a single complaint,

[bed32]

I wonder what part of DO NOT CALL they dont understand

 

Have they an exemption under the Harrasment and Telegraphy Acts. The sooner somene prosecutes these twits the better

I'm determined to find some way at getting these guys into court - I've started a thread in the DCA section to see if anyone has any advice.

[Movingon]

It's going to take someone with money to bring a private prosecution I think. I hope whoever does it also calls in the Press and tells them about the toothless tiger that is the OFT and Trading Standards.

[bed32]

It's going to take someone with money to bring a private prosecution I think. I hope whoever does it also calls in the Press and tells them about the toothless tiger that is the OFT and Trading Standards.

I don't see that happening. You cannot even bring a private prosecution under the Communications Act 2003 and I think it would be very difficult to win a criminal case under say the Admin of Justice act without the investigatory powers (e.g. RIP) of the police:x

 

BUT if we can find a civil formula to get damages out of these people that would force them to change.

[DroverAwn]

I had a missed call on my mobile from this bunch - called em back only to get a press 1 for this and press2 for that. Stuck their name into Google and WAY HEY !!!! came up with good old CAG. Thanks chaps , this site has helped me out a few times now. I dont owe anybody anything so I await their next call with a certain level of eagerness ...........

[Movingon]

I don't see that happening. You cannot even bring a private prosecution under the Communications Act 2003 and I think it would be very difficult to win a criminal case under say the Admin of Justice act without the investigatory powers (e.g. RIP) of the police:x

 

BUT if we can find a civil formula to get damages out of these people that would force them to change.

 

You can bring a private prosecution as far as I know in respect of ANY offence. If the CPS won't bring one you are within your rights to do so; however it's going to cost a lot of money. Like you say though; without investigatory powers you're going to find it difficult to get the evidence together without a PI (which can only add a fortune to the cost).

[StormWarrior]

You can bring a private prosecution as far as I know in respect of ANY offence.

 

SL, some offences can only be prosecuted by certain bodies, or with the consent of the Attorney General, such as riot.

 

The other thing to watch, is that the CPS can take over ANY prosecution, for any reason, and then discontinue the proceedings. As was done when someone tried to prosecute Phoney Blah (tony blair) for treason ! Shame on them !

[bed32]

You can bring a private prosecution as far as I know in respect of ANY offence. If the CPS won't bring one you are within your rights to do so; however it's going to cost a lot of money. Like you say though; without investigatory powers you're going to find it difficult to get the evidence together without a PI (which can only add a fortune to the cost).

No - it is written into the Communications Act 2003 that prosecutions can only be brought by OFCOM or with the permission of the DPP.

 

Great shame because that has by far the best wording as it refers to annoyance rather than harassment. I am now searching around for arguments as to why the frequent phone calls constitute harassment within the meaning of the Act

[Movingon]

No - it is written into the Communications Act 2003 that prosecutions can only be brought by OFCOM or with the permission of the DPP.

 

Great shame because that has by far the best wording as it refers to annoyance rather than harassment. I am now searching around for arguments as to why the frequent phone calls constitute harassment within the meaning of the Act

 

I'm not sure you need the Communications Act to prove that; the Protection from Harrassment Act is sufficient. S1.

[bed32]

I'm not sure you need the Communications Act to prove that; the Protection from Harrassment Act is sufficient. S1.

The problem is a lack of legal definition of what constitutes harassment - NCO could admit the behaviour but claim that it is not harassment (in fact that is the only defence they have - they can hardly deny the calls)

[ODC]

The problem is a lack of legal definition of what constitutes harassment - NCO could admit the behaviour but claim that it is not harassment (in fact that is the only defence they have - they can hardly deny the calls)

As far as I can see it if you feel harrassed by them that is sufficient proof.

[Movingon]

In addition to ODC's comment there is now a fairly substantial body of precedent around harrassment for Judges to draw upon when deciding the merits of a case; and the CPS/DPP seem to be quite sensible about the interpretation of the Law when they decide whether or not to prosecute.

[bed32]

In addition to ODC's comment there is now a fairly substantial body of precedent around harrassment for Judges to draw upon when deciding the merits of a case; and the CPS/DPP seem to be quite sensible about the interpretation of the Law when they decide whether or not to prosecute.

Is any of that available to us as laymen?

 

It would be useful to know what the courts have previously ruled does and does not represent harassment before deciding to take that approach either as a civil action or to get the police interested in a prosecution

[ODC]

Is any of that available to us as laymen?

 

It would be useful to know what the courts have previously ruled does and does not represent harassment before deciding to take that approach either as a civil action or to get the police interested in a prosecution

Just keep details of all their calls. As I said before if you feel harrased that is sufficient. Its the same as an assault. A person does not have to phsically touch you to commit asssault, the mere fear of them doing it is enough. The DCAs will argu that tehey can phone you 3 or 4 times a day. If you feel Harrased send them the letter and then they are in NO doubt as to how you feel, Everyone is different. ONE call from these bullies could be enough for some people to push them over the edge.

[bed32]

Just keep details of all their calls. As I said before if you feel harrased that is sufficient. Its the same as an assault. A person does not have to phsically touch you to commit asssault, the mere fear of them doing it is enough. The DCAs will argu that tehey can phone you 3 or 4 times a day. If you feel Harrased send them the letter and then they are in NO doubt as to how you feel, Everyone is different. ONE call from these bullies could be enough for some people to push them over the edge.

We'll see - I am going to try to use the Protection from Harassment Act to claim damages from these people (although I will also hedge my bets with the DPA) and I am also considering a similar claim against Orange who erroneously passed the information on to NCO in the first place.

 

The problem is that action under the act needs to follow the 'Part 8 Procedure' which is not the conventional N1 / Small Claims route. AIUI that will require me to do more homework before filing the Claim

[Movingon]

What part of the Act allows you to claim damages in the absence of a conviction for Harrassment? (Sorry - I'm a layman too - as regards precedent I'm quoting almost word for word what the MOD Policeman who dealt with my case mentioned earlier said to me). All I've needed to know so far is s.1 of the Act...

[bed32]

What part of the Act allows you to claim damages in the absence of a conviction for Harrassment? (Sorry - I'm a layman too - as regards precedent I'm quoting almost word for word what the MOD Policeman who dealt with my case mentioned earlier said to me). All I've needed to know so far is s.1 of the Act...

Section 3 of the act allows for civil action for breach of section 1. That allows a civil court to issue an injunction and award damages. As far as I can tell it is the only civil remedy.

 

If a claim under s3 is successful that will give an excellent way of stopping these guys. NCO can't deny the calls, and I don't think they can try "reasonable behaviour" so the only way they could defend the claim would be to say that their actions didn't amount to harassment.

 

So in order to complete the case I need whatever justification I can find that continuing to call once they've been asked to stop amounts to harassment.

[noomill060]

Rs

[sketch]

Hello - I'm new to the forum, found it while looking around for any info re; Nco and their continuous calls... so here I am .

 

I had a debt refered to Nco several years ago now, they set up a minimum payment of £10 pcm as I was on a low income.. this stayed the same to-date. Last yr I was in a position to pay a fair amount off the original debt and attempted to contact them to no avail - 6 months later (after moving house and obviously having to dip into the saved stash) Nco decide it's time to start harassing me. Over a week I probably get approx 10 phone calls to my home number which we duely answer - but no-one is ever on the end of the phone, it's just dead - I get the same amount to my mobile too. I spoke to Nco and asked them to stop calling me and all I got was 'Well it isn't me calling you maam' and the guy hung up on me!

About 2yrs ago I went to CAB about Nco as they took more money from my debit card than they had permission to take - but nco refused to refund it saying they would -use it as a voluntary payment towards my debt-, at that time CAB requested that Nco should only contact me via post and that they should also provide me with monthly or quaterly statements to show how much the debt was decreasing by - I've never had any statements from them at all, so no clue how much I still owe without taking their word for it, frankly I don't trust them one bit! But I do owe the money and can't risk bailiffs knocking on my door.

The latest from Nco is a letter saying they have used their 'Investigators' and found that I'm living at my current address and that the debt is still unpaid and I must pay it in full immediately to avoid their 'field force' coming to collect all outstanding monies? It was me who gave them this address when I moved house, they didn't investigate it at all!! Also I pay them by direct debit every month, so I have no clue why they are even bugging me, it's not like I'm not making an effort, I've paid them religiously!

Presently theyre offering me a 25% reduction of the total debt if I pay in full, I asked them to put that in writing before I pay it... I am awaiting the written confirmation at the moment, but still Nco are pushing me to pay by credit card even though it's my choice to pay by giro slip into a PO or to send a cheque...... I'm concerned that I wont get any proof from them that the debt has been settled, any idea's of how to tackle them? They're boring me stupid!

Thanks

[ODC]

Hello - I'm new to the forum, found it while looking around for any info re; Nco and their continuous calls... so here I am .

 

I had a debt refered to Nco several years ago now, they set up a minimum payment of £10 pcm as I was on a low income.. this stayed the same to-date. Last yr I was in a position to pay a fair amount off the original debt and attempted to contact them to no avail - 6 months later (after moving house and obviously having to dip into the saved stash) Nco decide it's time to start harassing me. Over a week I probably get approx 10 phone calls to my home number which we duely answer - but no-one is ever on the end of the phone, it's just dead - I get the same amount to my mobile too. I spoke to Nco and asked them to stop calling me and all I got was 'Well it isn't me calling you maam' and the guy hung up on me!

About 2yrs ago I went to CAB about Nco as they took more money from my debit card than they had permission to take - but nco refused to refund it saying they would -use it as a voluntary payment towards my debt-, at that time CAB requested that Nco should only contact me via post and that they should also provide me with monthly or quaterly statements to show how much the debt was decreasing by - I've never had any statements from them at all, so no clue how much I still owe without taking their word for it, frankly I don't trust them one bit! But I do owe the money and can't risk bailiffs knocking on my door.

The latest from Nco is a letter saying they have used their 'Investigators' and found that I'm living at my current address and that the debt is still unpaid and I must pay it in full immediately to avoid their 'field force' coming to collect all outstanding monies? It was me who gave them this address when I moved house, they didn't investigate it at all!! Also I pay them by direct debit every month, so I have no clue why they are even bugging me, it's not like I'm not making an effort, I've paid them religiously!

Presently theyre offering me a 25% reduction of the total debt if I pay in full, I asked them to put that in writing before I pay it... I am awaiting the written confirmation at the moment, but still Nco are pushing me to pay by credit card even though it's my choice to pay by giro slip into a PO or to send a cheque...... I'm concerned that I wont get any proof from them that the debt has been settled, any idea's of how to tackle them? They're boring me stupid!

Thanks

I suggest you set up your own thread re these **** and we will be able to help you better

[scousegit]

I have been dealing with these muppets for the past 5 years and am no further on. I had several debts after coming out of work and have dealt with nearly every dca listed on this site with no problems, but nco are a whole different ball game. I work less than 16 hours per week now but was offering them a payment i could afford and was doing so ok for severalmonths. Suddenly they stopped sending mepayment slips which was the only way i could pay them. They said unless my payments increased to the amount they wanted me to pay, they couldnt send me anymore payment slips. So I didnt pay them. They made it impossible for me to do so, using bullying tactics even after i tried to reason with them. I was getting about 6 calls a day, before 9am most days. So i just figured they would hopefully go though the courts so at least i could continue paying thedebt without any hassle. Didnt hear anything for about a year then they started sending these postcards to my mothers house (who is 74) where i havent lived for 13 years and never took the original debt out there. They have sent about 4 lots of correspondence to her now, despite having my home address and phone number, the latest letter to her disclosing the full amount of my debt (£10k) and my mother is now horrified and worried sick. They are unprofessional clowns and i point blank refuse to deal with them now. Im quite happy to pay back the debt i owe but am not goingto be made to feel like a prisoner in my own (or my mothers) home. I am thinking about obtaining further advice about them but am baffled at where to go next. Sorry my reply is rambling and so long but they have drove me mental! I have no full proof way of knowing how to tackle them because they live by their own rules. Normal communication skills they do not possess! Im thinking ofgoing throuh payplan to see if that gets them off my case but i cant see that happening either! Good luck and dont letthem get to you!