Mr Lender is about to cost me my job!!

[TMPilot]

Hi,

 

I'm having issues with Mr Lender who seem determined to cost me my job! I'm working hard and a lot of hours to get enough cash to pay these idiots, but they are continuously contacting my office and speaking with my boss directly. They have sent emails direct to him too, identifying themselves and the debt I owe them, to the penny.

 

I think the final straw is with them accusing my boss of lying when I was out of the office and demanding to know what meeting I was in (confidential).

 

My boss has told them it is a company phone and they must cease contacting it, but they haven't. And now if they don't stop I could be let go!

 

I found a template letter I am sending today (below), but I'm not sure how effective it would be against these people?

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone callsicon that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that 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 contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or 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 represent themselves to be authorized in some official capacity to claim or enforce payment;

(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.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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 will be liable to a substantial fine.

 

Further to this all calls from your doorstep collectorsicon must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone callsicon from your company will be recorded.

 

Yours faithfully,

 

 

Does anyone have any advice on how to stop them contacting my office? Surely they can't do this?

 

Thanks,

TM

[Jamie Kingston]

the best thing to do is answer your mobile when they phone. Explain that you have informed the OFT and have opened a case with the FOS. I dont believe sending the email is going to magically stop these idiots from phoning.

[Sillyboywyn]

Email - [email protected] and tell her that you WILL NOT be able to pay back if you lose your job, which will be down to them calling.

[andydd]

How did they find out where you worked and your boss's number ?

 

What do they say to him ?

 

What does he say ?

 

I would of thought this is close to harrasment as your letter mentions, which can be a criminal and civil wrong, you should edit it to point out that speaking to your boss in unacceptable and is breaking various laws/rules rehgarding confidentuallity, etc.

 

Andy

[Bombaymix]

If my memory serves correct, Mr Lender asked me for my work contact phone number at application stage. I believe they actually called my workplace at application stage and asked a colleague if I was there, my colleague answered "he's not here at the moment". This was apparently enough confirmation for them that I worked there.

 

You need to speak to your boss. Show your boss a copy of the email that you've sent RE: telephone harassment. It's NOT your fault that some phone drone is calling your work place is it? It's unfair that your boss is threatening you with letting you go.

 

I wouldn't be confident that answering your own phone would stop these cowboys calling your workplace.... They are trying to worry/embarrass you into making a payment.

 

I'd send a copy of That harrassment letter to the company secretary. Advise them that personal

Calls are strictly prohibited and you could be disciplined and possibly dismissed should the calls continue.

 

Have you attempted to arrange a repayment plan? They always encouraged me to reply to their correspondence via email and answered any querys I had when using that email address.

 

[email protected]

[toptrapper]

You can and must raise their conduct with the OFT and the Ombudsman. Mr Lender and other PDL companies believe rules and regulations do not apply to them. OFT have specificially warned PDL companies in their report that their practices, including calling you at work is bang out of order. Get a complaint to OFT straight away, don't hang around or think (believe me, they won't) that a PDL will magically stop calling you. They won't listen to an individual, they will listen to the people who can remove their licence to offer credit.

4.38 Issues highlighted in complaints included aggressive debt collection practices, such as threats to coerce payment and excessive collection charges, persistent and excessive telephone calls, including calling consumers at their place of work.

http://www.oft.gov.uk/news-and-updates/press/2012/110-12

[andydd]

You can and must raise their conduct with the OFT and the Ombudsman. Mr Lender and other PDL companies believe rules and regulations do not apply to them. OFT have specificially warned PDL companies in their report that their practices, including calling you at work is bang out of order. Get a complaint to OFT straight away, don't hang around or think (believe me, they won't) that a PDL will magically stop calling you. They won't listen to an individual, they will listen to the people who can remove their licence to offer credit.

4.38 Issues highlighted in complaints included aggressive debt collection practices, such as threats to coerce payment and excessive collection charges, persistent and excessive telephone calls, including calling consumers at their place of work.

http://www.oft.gov.uk/news-and-updates/press/2012/110-12

 

I believe there are other rules that point out that a Debt Collector should not be telling other people about the debt such as workplace, neighbours, etc

 

Andy

[toptrapper]

Spot on. Unless OFT are made aware of these people and subsequently decide to show some teeth and take a bite, nothing will happen.

[Sillyboywyn]

Im quite positive your employer could not dismiss you for them calling you at work either.

[LaughingGirl]

Im quite positive your employer could not dismiss you for them calling you at work either.

 

They could certainly start a disciplinary procedure for receiving personal calls at work, particularly if they have a specific policy regarding this. The fact that TMPilot has gone to some effort to prevent them calling his work would certainly go in his favour if it did come to that, and I would hope that any manager in the position disciplining someone over something like this would exercise some common sense.

 

I first started helping people (beyond myself) with payday loans because one of my employees was being harassed via one of our work phone lines in a very similar manner, including the accusations of management 'covering' for her so she didn't have to talk to them. It only bothered me in the sense that they were driving her out of her mind, but certain other people took a very dim view of it all - particularly one senior manager who would have toe punted her out of the building if he'd got his way.

 

As Toptrapper has already said, you must complain to the OFT and Trading Standards and send the harassment letter that you've outlined above. As your boss is already involved in this, take copies to show him and reassure him that you are doing everything in your power to make them stop.

 

I would also start keeping a formal log of all calls that they make to you, including the contents (particularly if they breach your privacy, or are threatening in any way). If possible, record the calls. It's worth noting that Lloyd's bank were recently successfully sued for telephone harassment.

[toptrapper]

They could certainly start a disciplinary procedure for receiving personal calls at work, particularly if they have a specific policy regarding this. The fact that TMPilot has gone to some effort to prevent them calling his work would certainly go in his favour if it did come to that, and I would hope that any manager in the position disciplining someone over something like this would exercise some common sense.

 

I first started helping people (beyond myself) with payday loans because one of my employees was being harassed via one of our work phone lines in a very similar manner, including the accusations of management 'covering' for her so she didn't have to talk to them. It only bothered me in the sense that they were driving her out of her mind, but certain other people took a very dim view of it all - particularly one senior manager who would have toe punted her out of the building if he'd got his way.

 

As Toptrapper has already said, you must complain to the OFT and Trading Standards and send the harassment letter that you've outlined above. As your boss is already involved in this, take copies to show him and reassure him that you are doing everything in your power to make them stop.

 

I would also start keeping a formal log of all calls that they make to you, including the contents (particularly if they breach your privacy, or are threatening in any way). If possible, record the calls. It's worth noting that Lloyd's bank were recently successfully sued for telephone harassment.

 

Laughingirl, absolutely spot on. You've put it far more eloquently than I ever could!!! OFT have already criticised PDL's for calling people at work and have said action will be taken. Any PDL that phones you at work when they have been expressly asked to be stopped must be reported.