Mint Telephone Harsassment with pointless calls

[thecornflake]

Ok, so a very quick version of events -

 

Beginning of month, DD fails. Next day get message to call them. I cal back and they say "You missed a payment" and I say "Yes I know" and they say "You can just add it to December's payment if you like". I confirmed with them this was fine and have several more times. Which is great. However, then the calls started. So I get a message on my mobile - "This is Mint please call us on 0870... immediately." Note here that 0870 numbers are expensive. However there is an 0800 number for people who can't pay so I use that one and then get put through to the right dept eventually:D .

 

I said "I got a message bla bla" and they say "yesy it's still fine to pay in December but you will still get calls until it's paid." Which I have. Every day. And my wife gets them at home. So I called them and aske dthem to stop the calls but they said they were within their rights to keep calling.

 

I've contacted Trading standards and lodged a complaint which they are now investigating.

 

Also I edited the template letter from this forum and here is my version -

 

Account # xxxxx

 

Dear Sir,

 

I am writing to you regarding the above account and the calls I am receiving several times a day from yourselves.

I spoke to someone at your company at the beginning of the month due to my direct debit payment failing. The person I spoke to stated it was perfectly acceptable for this missed payment to be added on to the direct debit due to go out on the 3rd of December and that no further action on my part was necessary. However, I have continued to recieve several messages on my mobile phone each day urging me to return the calls immediatley and my wife also receives at least one call per day at our home despite repeatedly explaining

that I am at work during normal office hours.

 

I called again on 13th November 2006 as I assumed due to the continuation of the calls that there must be a separate issue with my account but discovered that although it was still acceptable that I make a double payment in December the calls will still carry on regardless. I was advised to just ignore all future calls from your company. I view this to be an unacceptable course of action as I would not know the precise nature of the call until I returned the message and if I ignore all calls and message from your company I could end up being unaware of any further issues that may arise on my account.

 

Despite requesting several times to no longer be contacted by phone, during the latest call to my wife at home today (17th November 2006) at 11:30am she was told that your company is perfectly within your rights to continue these calls and they will continue until the arrears have been cleared. It was also denied that we receive at least one all per day even though I have been keeping full logs that provide evidence to the contrary.

 

I will not return any of these calls as for one the number given is an 0870 number to which calls are charged at a high rate and secondly all that will happen is I will be told I didn't need to call in the first place.

 

I would like to point out that I do not have a problem with discussing matters regarding my account over the telephone in normal circumstances. Hwoever, in this instance as an arrangement has already been agreed with yourselves I see no reason for these additional calls whatsoever.

 

The messages left on my mobile phone are in direct breach of Office of Fair Trading guidelines, specifically those which state -

1) [Creditors must not] "Leave messages for you to contact someone urgently with no explanation".

2) "Ignoring or disregarding Debtors legitimate wishes in respect of when and where to contact them"

 

Despite my explaining this each time I have to spoken to someone about this matter, you seem unwilling to comply with the guidelines and I have therefore now registered a formal complaint with Trading Standards.

 

I am also of the view that your continued harassment by telephone puts you not only in breach of Section 40 of the Administration of Justice Act 1970 but also contravenes the Protection from Harassment Act 1997. The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

 

Because of the nature of these calls and the distress already caused to my family I now formally request that all future contact is made by post and no more calls are made to any telephone numbers you hold against my name in your records.

 

For your information note that all further telephone calls and voice messages will now be recorded.

 

Additionally, due to this type of debt collection method being contrary to the ‘Administration of Justice Act 1970’ in that it appears to be intended to cause alarm and distress to the recipient, in the event of the calls continuing information will also be submitted to the relevant authorities for consideration of your fitness to hold a licence under the Consumer Credit Act.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report this breach to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please take further note that continued telephone calls after the receipt of a request not to call may also constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

Yours faithfully

 

The Cornflake.

 

Any comments (I know there are spelling mistakes!) before I send it off?

[thecornflake]

A quick update on this - The Trading Standards office in whatever town Mint are based are now launching a full investigation into this complaint.

[davey77]

That looks like a darn good letter to me and i would say you have them on that completely. I am waiting for a relpy myself from MBNA due to their similar harassment via telephone with 7+ calls a day every day. I changed my number in the end. The silence is just heaven!