Zenit Windows, driving me mad...

[Buncrana]

We kept getting calls from this crowd asking for Mrs B's dad.

 

He passed away almost two years ago. I have told them countless times that he has passed away, and that every time they phone, Mrs B gets dreadfully upset.

 

I have asked them not to call, and to remove all details have also done a Section 11 request, with which I received the following reply:

 

Further to your email dated 2 July 2013, regarding the telephone canvassing calls you have been receiving from Zenith.

 

I sincerely regret that it has been necessary to make a complaint of this nature. I can confirm that your telephone number has now been suppressed on our Database to ensure that you receive no further telephone canvassing calls from this Company. This will now take approximately one week to become effective. Furthermore, the Sales Branches in your area have been issued an instruction not to contact you further.

 

Please accept my sincere apologies for the inconvenience caused.

 

Yours sincerely

 

******** **************

Sales Office Administrator

 

This e mail was received on the 4th of July this year.

 

Today at 12-55, Mrs B picked up a call. Once again it was from Zenith Windows.

 

After I dealt with the guy on the phone, I then had to comfort her. She was crying her eyes out and asking why this crowd keep doing this to her.

 

She watched her dad die a very slow and painful death. I have told this crowd that on countless occasions. I have been repeatedly told that our details are being removed from their system, yet today we received another call from them.

 

I have had the number registered with the TPS from before her dad passed away, as he too was getting the calls. And even then, they were told not to call, and why they were not to call.

 

I have had enough.

 

Where do I go now? I want recompense for the stress, emotional upset, and distress that this company are causing Mrs B. I want them to pay for this. I have to pick up the pieces every time they call. It is not nice watching your loved one break down like this, especially after I have had assurance after assurance that the number has been removed from their database.

 

I am a gnats hair away from contacting my solicitor, who is a bit of a rottweiller, but I thought I'd come on here first to see what you guys suggest, as you have been fantastic in the past with previous issues Mrs B has had.

 

Any suggestions guys?

 

Would a SAR be of any use, just to see how many times they have called, and when they have called??

 

Sorry for this being a bit of a rant, I am just so bloody angry with this company.

 

Buncrana

[fkofilee]

I dont think a SARs is any good here... but then again they may beable to provide call records... Im thinking maybe a letter before action to Zenith... See if that changes it

Give it 10 days and then if it continues take them to court for failure to remove details under the Data protection act of 1998...

[BRIGADIER2JCS]

Hello Buncrana,

 

Sorry to hear about this.

 

I trust you are both well despite the stupidity of Zenith??

 

I would suggest a complaint to Trading Standards or equivalent.

 

Then I would make a FORMAL COMPLAINT to the CEO of Zenith including a demand for financial redress for the stress and anxiety they are causing.

 

This process will demonstrate that you have attempted to get this remedied mutually, if there is no respite then an LBA from your solicitor is the course to take.

[Buncrana]

I dont think a SARs is any good here... but then again they may beable to provide call records... Im thinking maybe a letter before action to Zenith... See if that changes it

Give it 10 days and then if it continues take them to court for failure to remove details under the Data protection act of 1998...

 

Tbh fkofilee, it is haphazard when they phone. There is no set pattern. I have also done lots of 1471's and when I checked the number, it was them but without leaving any voice mails. I was thinking of a SAR as that should show when they called.

 

Now, as regards to letter before action, I will do something about it even if this means going through the Small Claims Court. It is very upsetting for Mrs B to get these calls, and it gets me angry when I have to pick her back up again after them. It was a very traumatic time for her. She doesn't need these people reminding her of it.

 

As a guide, what and how much should I be claiming for?

 

I've never been near a small claims court before, I've never had to do it. I've never had a company give repeated assurances, and renege on them every time.

 

Any advice will be very gratefully received

[Buncrana]

Hello Buncrana,

 

Sorry to hear about this.

 

I trust you are both well despite the stupidity of Zenith??

 

I would suggest a complaint to Trading Standards or equivalent.

 

Then I would make a FORMAL COMPLAINT to the CEO of Zenith including a demand for financial redress for the stress and anxiety they are causing.

 

This process will demonstrate that you have attempted to get this remedied mutually, if there is no respite then an LBA from your solicitor is the course to take.

 

Hi Brig, I hope you are good

 

Yes, apart from this lot, everything is good. Our plans are finally coming to fruition at long last

 

The call today was the first, as far as I know, in six weeks. This should have been ample time for them to remove all data from their databases, but, according to the wonderful Roger on the phone today, it hasn't been done.

 

How would I word the letter to the CEO? And any idea of how much redress I should ask for? This has been going on for at least three years now, on a very intermittent basis.

[citizenB]

How about a complaint to the Information Commissioner as well ?

[BRIGADIER2JCS]

How about a complaint to the Information Commissioner as well ?

 

A couple of years ago I would say yes definitely a complaint to the ICO, but seeing a number of 'responses' to similar events I personally have lost confidence in the ICO, their are not troubling themselves with what are considered 'minor consumer matters' but are making statements in arrears that they should keep clear of.

[stu007]

This is Ofcom guide on nuisance calls and messages:

[Buncrana]

Hi Guys,

 

Thanks for the help so far.

 

I must stress though, this isn't about money. This is about a company who have been told on countless occasions to stop calling. They have ignored the TPS and Section 11 request. And I am fed up with them upsetting Mrs B, and the way that it leaves her afterwards.

 

It is not on anymore, I have complained enough times to these people.

[Buncrana]

This is Ofcom guide on nuisance calls and messages:

 

Thanks for that Stu, very helpful

[Buncrana]

Hi Guys,

 

I now have time to deal with this. I haven't had much lately, so I've let it slip.

 

I have found an old bit of paper with the details of the people I originally spoke to at the local office to get the number removed, and the e mail as shown above.

 

As far as I'm aware, there have been no further calls since my first post at the top here.

 

Is it too late for me to do anything about it, or should I continue with the complaint?

 

I haven't been in contact with Zenith, as to be frank, I feel that unless I make this very official, there is nothing more to say to them.

 

And, whilst looking for their CEO's details, I found this little website

 

http://www.zenithwindowsmisery.co.uk/Your%20Zenith%20Windows%20Miseries.htm

 

I now have the name of the MD, who according to one of the people at H/O doesn't respond to mail, but delegates it.

 

So, what is my next step? Should I just leave this to our solicitor or do it myself?

 

If I do it myself, is there a template to use??

 

Any help will be very gratefully appreciated

 

Buncrana

[Buncrana]

Hi Guys,

 

I've been reading through different parts on the site, and I think I have come up with a plan of action.

 

1 Send off a SAR. I need to know when they called our number as I don't have records of all the calls. I'm assuming that a SAR will highlight when the calls were made. If this is not the case, could someone let me know please, as it changes number 2.

 

2 Register with Moneyclaim and go through the small claims court. This is where I may fall down as I have never had to do this before. I was particularly interested in this bit of advice from Bankfodder (what a guy )

http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress

 

Q. What if the claim was not for a fixed sum? For instance I wanted to leave damages to the judge to decide or I wanted a default entry removed?

A. Then there will have to be a hearing to assess damages or to arrange the order to remove the entry.

The SAR response will be the main evidence. The rest will be the section 11 e mail response and the few notes that I have taken.

 

As I stated previously, this is not about money, I don't care if the judgement is for £1-00. This is about holding a major firm to account for the emotional distress that they have put Mrs B through every time they call. And I have just found out that if the landline rings when I'm not in, it goes unanswered as she won't pick it up. If these people could see it, they wouldn't call.

 

How does that sound so far? Am I going along the right track??

 

Buncrana

 

One thing I should mention is that the calls are coming from various numbers, including mobiles. Will this make any difference to a SAR?

Edited September 26, 2013 by Buncrana
Amnesia

[Buncrana]

Anyone??

[Buncrana]

Bump for the day shift

[Buncrana]

Bump for the back shift...

[Buncrana]

Nightshift?

[fkofilee]

Hi Bun

 

Ill read through the thread tomorrow and we can talk about this...

[Buncrana]

Hi Bun

 

Ill read through the thread tomorrow and we can talk about this...

 

Ta much

[fkofilee]

Hiya Buncrana.... After looking further over everything... I am thinking that if you SAR them for all the information they have on you, then it would be the best option to see what to do next.

While you could go to the courts for harassment, you need to remember that after the first call that was answered from Zenith, you could have asked to have the number removed.

 

If you have already done that then it may be a case for harassment in the Courts.

 

Could i possibly suggest writing a letter before action to get them to stop doing it and invest in a "Truecall" (Im not trying to sell you something, but itll help you out and will give you some peace)

I think sometimes its good to quit ahead.

 

Some CAG People may disagree with me but then again, do you want to have more stress through the court system.

[Buncrana]

Hiya Buncrana.... After looking further over everything... I am thinking that if you SAR them for all the information they have on you, then it would be the best option to see what to do next.

While you could go to the courts for harassment, you need to remember that after the first call that was answered from Zenith, you could have asked to have the number removed.

 

If you have already done that then it may be a case for harassment in the Courts.

 

Could i possibly suggest writing a letter before action to get them to stop doing it and invest in a "Truecall" (Im not trying to sell you something, but itll help you out and will give you some peace)

I think sometimes its good to quit ahead.

 

Some CAG People may disagree with me but then again, do you want to have more stress through the court system.

 

Hi fkofilee,

 

I have lost count of the amount of times that I have asked them to stop calling. I thought the Section 11 would finally put a stop to it, but no. Every time they call, I ask, and they assure me, that the number will be removed. I even had a long conversation with the local branch manager who went through a different process from the others, and he insisted that our number was removed from their database.

 

I can handle the calls as I do not take any crap from them any more, and I'm now at the stage where I do not take prisoners when they call. It was only the other day that Mrs B told me that she refuses to answer the phone any more if she doesn't recognise the number. She should not have to live like that in our own home. When she did answer them, it was horrendous the state they left her in. We have been asking them for at least three years to stop calling. Enough is enough. I also have ''withheld number'' blocker on the landline, but as they don't hide the numbers, they get through.

 

I think I'll get the SAR ready, but because we are called from various numbers, I don't know if they will have all the details of the calls made, including the unanswered ones.

 

If this does get to Small Claims, and any money is won, the chances are we'll just give it away anyway, it will be tainted money.

 

If anyone has any other suggestions, I'd gratefully receive them, but as it stands, it looks like the SAR route will be taken.

 

Thank you for your time and replies so far

[raydetinu]

Can you not bar their number from getting through, you can on most mobiles, not sure about land lines, but sure BT used to do something like that, if you could show good reason..

worth having a word with them.

see:

http://www.bt.com/includingyou/calling-easier-unwanted-calls.html#more1

[Buncrana]

Can you not bar their number from getting through, you can on most mobiles, not sure about land lines, but sure BT used to do something like that, if you could show good reason..

worth having a word with them.

see:

http://www.bt.com/includingyou/calling-easier-unwanted-calls.html#more1

 

We could, but they are using various numbers, including mobiles. All calls are to our landline.

 

Hope this helps

[Buncrana]

Hi Guys,

 

Well they just couldn't help themselves could they...

 

Cue another call, wakening me from my sleep from nightshift.

 

Time for the solicitor to get involved with this lot methinks...

 

Will let you know how it goes.

 

Hope you are all still fighting the good fight

 

Buncrana

[Buncrana]

Hi Guys,

 

I've had a look at this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress

 

Has anything changed or is the process still pretty much the same?

 

Buncrana

[ericsbrother]

Yup, form N1 and I would go for a fixed amount rather than at the judges discretion as they will use that anyway. There is a scale of damages used for injury to feelings for discrimination and the like called the Vento scale so I would be looking at level 2, repeated harassment over a period of time and claim for £3000. Now Vento doesnt strictly apply but it is an accepted guideline so you can use it as a comparitor.

If you feel like you need to send a letter before action demanding payment of that amount. You never know, they might pull their fingers out and pay up rather than losing in court.