Confusion

[Rohannah]

Hi,

first post so please bear with me.

 

My husband submitted his NDL Cashflow to the HSBC in April this year when he realised he could not meet his commitments,

 

mostly in return he has had letters advising him to get help from a DC and of course the phone calls.

 

The HSBC also denied that he had written to them so he sent them copies of the recorded delivery receipts

and complained about the way he had been treated,

 

he did receive a better response to this and an apology and a refund of charges for that month,

 

he also pointed out that he would not deal with this matter on the telephone and would they please deal with it by letter,

 

he also received a letter offering him a reduced full and final settlement which he replied to saying if he had any money he would be making his monthly payments,

no reply yet.

 

Frankly this is one of the more baffling elements of being in debt,

 

you do what you think is the right thing and offer what you can and it gets ignored?

I cannot see any merit in totally ignoring an offer,they can always say no (in writing of course).

 

I think it is back to the drawing board

Rohannah

[dx100uk]

if they are offering a 'discount'

 

is this an overdraft littered with penalty charges

 

dx

[Rohannah]

Hi DX,

thanks for the reply,it's a combo of CC, loan and an overdraft largely run up by the bank

 

Rohannah

[dx100uk]

then you need to sar them and get reclaiming

 

they are offering a discount for a reason

 

find it!

 

i bet theres more!!!

 

dx

[Rohannah]

I posted a SAR for him last week in the absence of anything else happening I thought it might shed some light on the lack of progress

Thankyou

Rohannah

[dx100uk]

good move

 

dx

[Rohannah]

Hi,

 

first calls from DLC last week,a couple today.No messages left so I had to trace the number to find out who it was calling.I am so not looking forward to this:|

 

Rohannah

[assisted blonde]

DO NOT PHONE THEM, if its a DCA deal in writing only. If they cant be bothered to leave a message then dont waste time tracing them.

[twofoot]

DO NOT speak to them under any circumstances.

[Ell-enn]

Wait until they write to you then you can write back - best way to deal with them is to keep everything in writing.

[Rohannah]

Thanks all for the replies, good advice.

 

I'm actually trying to deal with this on behalf of my husband and I live in fear of him picking up the phone,

 

subtle is not what he does best but loose lips he does par exellence,

 

the only thing he's kept quiet about was his debts,

 

Rohannah

[assisted blonde]

If you can get caller display on your phone or get the number blocked, and tell hubby not to answer the phone

[Bandit127]

I have had this from DLC in the last couple of weeks. I think they have just installed an automated computer calling system... Do not answer - simply hang up. (LMAO - "Are you Bandit127? ... Press 1 for yes or 2 for no... " :-D:-D)

 

You should write to them. Insist that they communicate strictly by letter and that they remove all phone numbers they hold for you under the data protection act. (I didn't include that I will "be responsible in communicating by return" in my letter, but I have read this since and I think it is a good idea).

 

I did this and they still phoned so I put a formal complaint in to them yesterday stating that their calls were causing me distress and they need to apologise.

 

I am keeping a log of the calls (date, time and phone number) and will complain to the Information Commissioner if the calls do not stop from today (receipt of my complaint) or I do not get a formal apology from them after my complaint.

 

Send all letters recorded (I used signed for) and good luck.

[Rohannah]

Or I could get rid of one of them:wink:

 

Rohannah

[Bandit127]

Or I could get rid of one of them:wink:

 

Rohannah

LOL - very funny. I wish my situation was as simple...

 

Mind you it could cost you either way...

 

Write them a letter - the calls will stop at some point and your OH will be calmer as a result.

 

Good luck.

[Rohannah]

Hi Bandit,

I've started my log already,

 

yes they say on their website they have autodialers,

 

the thing is as they have not left a message and have not written to the OH

 

I do not know exactly what the situation is.

 

Shortly after the last call from DLC there was another call when I asked the caller for his name

and asked him to state what he was calling about and where he was calling from

 

he gave me his name said he was calling from Manila and he was calling on behalf of HSBC from the collection department?

 

I thought this was a bit odd but all will be revealed I'm sure,

I do not know if it is connected but I sent a SAR to HSBC last week

three days later first calls from DLC.

 

I send everything by recorded except for PO box addresses,

I've found ordinary mail with proof of posting work better.

 

I've also found that HSBC are reluctant to communicate by mail

and much prefer the mindless phone calls,these can be very distressing

,once you realise that they will keep coming the best defence is answer the phone

and deal with it as if they are in the wrong which they are if you have requested everything in writing.

 

For what it is worth my impression of the HSBC in particular is that despite their size

they seem somehow disorganised,current events taking their toll maybe

 

Thank you

wish you well

Rohannah

[rdm2006]

do not talk to them simply refuse to answer their security questions and say "in writing only"

[Bandit127]

Are you saying that they are calling about a debt you do not recognise?

 

The SAR will take a while to come (40 days I think).

 

If you do not recognise the debt, then send the National Debtline prove it letter.

 

1 High Street,

Newtown,

Kent

R21 4RH

October 9, 2007

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

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

 

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

 

 

Mrs A N Other

[Bandit127]

And the telephone harassment letter.

Your Street

Town

City

Postcode

DATE HERE

 

 

Company Name

Road

Town

City / County

Postcode

 

 

 

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.

 

 

Account Number: XXXXXXX

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls 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.

 

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.

 

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 also 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.

 

Also the OFT 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 yet 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,

 

 

(type don't sign)

[Rohannah]

Hi,

no I'm saying the calls were silent calls,if I hadn't been curious about the number I wouldn't know who they were.In case it helps someone the number they called from was 01280 845 659.Thanks for the harassment letter,I should have sent one of these to the bank

Rohannah

[Rohannah]

Hi,

update on DLC,

 

a letter came from the bank today which stated that my husbands account "is seriously out of order"

and unless he makes an immediate payment "

 

we will be placing your account with a Debt Collection Agency".

 

So my question is why was a DCA trying to contact my husband from last week (this is the only debt he has),

 

is this usual or is something out of order here?

 

Thank you all for the much appreciated replies to this thread

 

Rohannah

[Old Cogger]

Simple answer ask the Bank,

 

seems familiar, let us know if you get any sensible answer (hsbc) WOT A LAUGH (not) they are, better still do not bother as they are dronned to ignore your questions. Only talk to them at their own expence.

[Rohannah]

Hi Mike,

no I will not be asking the bank,

 

they will not deal with me anyway as I am not the account holder.

 

I did try a while back when I needed an address,

 

six phone numbers later I arrived back where I started.I really believe most of the staff don't know what they are doing,

 

still you don't need a degree to say "give us the money or else" do you?

 

If it wasn't a serious matter I would be laughing my head off

 

Rohannah

[Old Cogger]

You been on the merry go round as well then!!

[DECE]

Dear R- just my wee bit!!

 

I am currently dealing with DLC - I got notice from my debtor to inform me my debt was going to DLC

and then I was contacted by letter - which I responded to by phoning DLC.

 

I had already been to Citizens Advice Bureau when I knew the debt was going

- there as I was worried and anxious!!

- just to clarify what my rights were.

 

I then got an income and expenditure form sent to them,

 

the debt is mine! and as long as I can its for me to pay

- and I offered low payments due to my situation

- that has been a year ago and although, I cannot say it has been hughly pleasant arrangement ,

I equally cant say Ive been treated awful.

 

I spent loads of time on my income expenditure form, this forum is also great for general help/advice

and just seeing how others have got through it.

 

I also have spoke to DLC on a few occasions- it does not bother me too much actually

- Im not going to hide or not answer my phone!

 

- they can only frighten you if you dont know your rights

- and even if you dont, which I tell them,

 

I say 'Ill have to consult with CAB, legal advisors etc', and I then ask him

' is there anything they would like to inform me on so I can discus with CAB etc'!!!!

 

They dont like that - I can hear it in their tone..

..but they may have a job to do!! but Ive got my rights and mental health to protect!!

 

You can also ask them to contact you by letter only and write to them to request that

- keep a copy of everything! My little advice, be respectful for yourself, DONT sink to their level,

 

rather you say or send nothing unless you have double checked and keep records of everything,

send recorded and make sure you know where you are at! all the best (dont let the B******* get you down)