Dealing with debt by phone

[scott williamson]

Just a quick question. Have a payday loan which I applied for and received everything online.

Unfortunately I have fell behind for various reasons but have kept the company in question in the loop via email as it suggests on their site.

However keep receiving phone calls from them and every time I email them they say I must telephone.

I have asked them only to deal with me in writing either by email or letter.

I have made several payment offers only to come up against this hurdle.

Do I have to speak to them in the phone??

I was under the impression it was my right to only deal in writing if I choose.

Any help please

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the payday loans forum, the guys there will be able to advise you.

 

My best, HB

[renegadeimp]

Which pdl? You are correct that it is your legal right to deal with you finances in writing. Pdls however have no regard for your legal rights.

[Conniff]

Send them an email marked 'Final Email' and state unless they respond to you via email you will make no further contact.

[BRIGADIER2JCS]

Just a quick question. Have a payday loan which I applied for and received everything online.

Unfortunately I have fell behind for various reasons but have kept the company in question in the loop via email as it suggests on their site.

However keep receiving phone calls from them and every time I email them they say I must telephone.

I have asked them only to deal with me in writing either by email or letter.

I have made several payment offers only to come up against this hurdle.

Do I have to speak to them in the phone??

I was under the impression it was my right to only deal in writing if I choose.

Any help please

 

The OFT Guidance on Debt Collection says that 'regard should be given to a debtors reasonable requests as to when, where & HOW they are contacted.

[citizenB]

Send the following letter to them - you can post or email it.

 

 

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.

 

 

Account Number:

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I consider to be harassment by yourselves.

 

I have verbally requested that these stop, but I am still receiving calls.

 

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

 

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

I draw your attention to the case of Roberts v Bank of Scotland plc and another [2013] All ER (D) 88 (Jun) in the Court of Appeal.

 

The court concluded that:

(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

 

(2) In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so. Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped. The judge had been right to characterise the calls as intimidation and they had been wholly unjustified.

 

 

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.

 

Please treat this letter as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

 

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

 

The OFT also consider it an unfair practice for you to ignore my legitimate wishes on how to contact me, for example where the debtor requests contact only via written letter or email, so I now demand that you cease any phone calls forthwith.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t have recording equipment!!**)

 

This issue is not negotiable. Any further phone calls will be logged, treated as harassment and reported to the authorities as such.

 

Yours faithfully,

 

 

PRINT OR SIGN YOUR NAME DIGITALLY