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Debt Collecting Agencies - Intimidation.


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Hi

 

Can anyone please advise me.

 

I am being harrassed by 3 debt collecting agencies over some debts which are from around 1997. Basically I ended up with financial problems in the 90s after a divorce. I have paid most of them off, but apparently there are 3 outstanding from around this time.

 

Anyhow, I started to receive some letters from Mackenzie Hall which I ignored because the debt is so old, and I know about the limitations act. They then passed it on to Wescot, and now Scotcall. I am currently receiving text messages and phone calls from Wescot and Scotcall every other day now, and really do not know what to do. They have somehow managed to get hold of my mobile number which does not even belong to me, or in my name. How they have found this number is beyond me. I have never been taken to court for these debts or had a CCJ taken out against me, so how can they keep bothering me for debts that are so old.

 

I want to send them a letter regarding the limitations act, but my partner forbids me to contact them. I really am very worried and do not know what to do. The other thing that is worrying me, is that I believe that one of them has visited my home, as someone has tried to break into our property 3 times over the last month, and we don't understand why, or if it could be these people. One thing is for sure, they are not going to give up. If anything, the texts and phone calls are gaining momentum, and I have also had to close my facebook account due to people viewing my profile from the area of where the debt collectors come from. Any advice would be truly helpful. Thanks in advance.

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If you are sure that there are no CCJs and that no payment or written acknowledgement of the debt was made for a continuous period of 6 years then you have a firm statute barred defence. All you would need to do is to send the statute barred letter from the library section of this site and the debt collector should stop chasing you. It doesn't always work as efficiently as that but if you don't assert that the debt is SB, they can quite legitimately continue to pursue you for payment.

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I am absolutely certain that no court action has ever been taken out against me, anywhere. I have never hidden where I have lived. So in other words, unless you send the SB letter to them, they can continue to terrorise you indefinitely.

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In respect of the telephone harassment, send the letter below.

 

 

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. (Delete if necessary)

 

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

 

 

The letter above should be sent by Recorded Delivery.

 

In respect of the debts themselves, if you believe there has been a 6 year gap where neither payment has been made or liability acknowledged, then send them the following letter.

 

 

Dear Sir or Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

 

I would point out that under the limitation act 1980 Section 5 “an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their debt collection Guidance on Statute Barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

 

 

 

Again, you should send the letter by Recorded Delivery - or at the very least you must obtain a free proof of posting from the post office.

 

If you wish to check if there have been any CCJs issued by default, you should check with trustonline - the link is below. I think it will cost you £4.00.

 

http://www.trustonline.org.uk/search-yourself

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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I am absolutely certain that no court action has ever been taken out against me, anywhere. I have never hidden where I have lived. So in other words, unless you send the SB letter to them, they can continue to terrorise you indefinitely.

 

Yep but you need to be sure that you meet the SB criteria before you contact them and you may still have a bit of a fight to get them to back off. Some DCs are OK about this but others will try every trick in the book. I'd send any SB letters with proof of postage and send them to anyone actively pursuing the debt at the moment.

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I am absolutely certain that no court action has ever been taken out against me, anywhere. I have never hidden where I have lived. So in other words, unless you send the SB letter to them, they can continue to terrorise you indefinitely.

 

 

Sadly yes, unless you confirm to them that you are aware of the limitation act and that you will not be contributing to their profits, then they will make attempts to obtain money from you.

 

This is one reason why we advise never, ever speak to the DCA on the telephone at any time, but if you are sure it is a SB debt, then it is best you don't leave yourself open to be "persuaded" that you should pay.

 

Once you have advised them you are no longer going to accept any liability as is your right BTW, then they should back off.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you very much for the advice. These individuals clearly love being bullies, they are just so nasty.

 

This is true and as you can see, there are effective ways of getting them to back off. If they don't, then your next step will be to make a complaint to the OFT and quite possibly the Financial Ombudsman.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Serious. They're all bark and no bite. Theyre the same as a little yappy dog.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Wetcloths, Mucky Hall and Snotcall to give them their known names here are all part of the same bunch of bad apples - and have as much impact with the courts, whatever their threat emails, texts and messages would have you believe.

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I was reading a case about an elderly lady the other, (this is from a few years back). She was hounded to death by DCA's - and she did not even owe them money. Horrific.

 

Indeed, this is why we must all meet these outrageous actions from debt purchasers/DCAs/creditors, with all the force possible, sitting back an meekly asking them 'please don't do that' or I might report you to OFT etc., is a waste of effort.

 

Fight back and FIGHT HARD the time to 'Tell em LIKE IT IS' is now, the aggression, intimidation and downright lies and misinformation from the likes of MMF and others must be challenged rigorously NOW.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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