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I am currently going through the pain of sending financial statements and cheques to six creditors and the phone rings quite often, have got number display and answerphone so can see who it is, however can I request written correspondence only and make it stick ?

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Indeed you can.......

 

Start by sending this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

and invest in a voice recording device (which you should be able to pick up for about a tenner). Record any further instances and also let them know you are recording it! Give each company about 7 days from the receipt of the letter though - you have to allow these dinosaurs time to react!

 

Best of luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Spot on advice, if you read my cabot thread about phone calls, all it took was one email and the phone stopped ringing

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I have first hand experience of Liverpool Victoria refusing to abide by this letter - They have failed to provide documents after a CCA request. I have repeatedly informed their staff (who call my mobile) that I will not discuss the matter over the phone. Every time I send a letter, a letter from them arrives conveniently ignoring the comments in mine.

 

I have an audio recording from one of their complaints officers confirming that no further calls will be received. So far, it's been 3 calls and a txt message - their letters say that unless I communicate with them, my number will be "reinstated". The members of staff (especially the female ones) are very agressive in their phone manor, and interrupt at almost every opportunity.

 

I've already stated to them that further telephone calls will incur a charge per call/txt received. I'll quite happily talk to them about the weather providing they pay my invoices ;)

The BidsterMeister

Helper of the hapless and hopeless...

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Have you reported them to the Office of Fair Trading and your local trading standards office?

 

There is now a specific complaint form which you can download from the Internet to make an official complaint and you can obtain it here:

http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

 

PLEASE USE IT

 

Additionally, complain to OFCOM - How to complain | Ofcom

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Creation Financial Services have ignored my letter which they received 4 Jan 07. This was sent after finally recieving 4 calls in one day. Someone phoned on the second and I explained that I had sent a letter on the 28 Dec. She said that when they get the letter that would put a stop to the calls, as they HAD to take our number off their system, but in the mean time she would put a 10 day block on the system. We got no calls until last night at 8:40. I have phoned OFCOM who say they do not act in individual cases, but have recorded the complaint. The OFT are sending a form to me, they said that the company should not be phoning at all, as the account is in dispute. I also sent a letter off to Creation about the continued calls, and took the oppertunity to remined them that they only have two days before I start court action.

Creation Financial Services--S.A.R - (Subject Access Request) sent 18 Oct

Statements received 28 Oct

PAR sent 30 Oct for £910 Credited £282 as Good will Offer

LBA sent 28 Dec for £730

N1 filled out, but they phoned and settelled in full 19 Jan:D

GE Capital--S.A.R - (Subject Access Request) sent 18 Oct

Capital One---S.A.R - (Subject Access Request) sent 18 Oct

Great Universal(Littlewoods Shop Direct--S.A.R - (Subject Access Request) sent 18 Oct

PAR sent 19 Jan

 

Nat West--S.A.R - (Subject Access Request) sent 26 Oct

Received 27 Oct

Acknowledgement received 28 Oct

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Guest The Terminator

I usually use this Communications Act(2003)

 

127 Improper use of public electronic communications network

(1) A person is guilty of an offence if he-

    (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

    (b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he-

    (a) sends by means of a public electronic communications network, a message that he knows to be false,

    (b) causes such a message to be sent; or

    © persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

 

or this

 

Malicious Communications Act 1988 (c. 27)

1988 Chapter c. 27

 

 

An Act to make provision for the punishment of persons who send or deliver letters or other articles for the purpose of causing distress or anxiety. [29th July 1988]

 

 

 

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Offence of sending letters etc. with intent to cause distress or anxiety.

 

1.—(1) Any person who sends to another person—

    (a) a letter or other article which conveys—
      (i) a message which is indecent or grossly offensive;

      (ii) a threat; or

      (iii) information which is false and known or believed to be false by the sender; or

    (b) any other article which is, in whole or part, of an indecent or grossly offensive nature,

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

 

(2) A person is not guilty of an offence by virtue of subsection (1)(a)(ii) above if he shows—

    (a) that the threat was used to reinforce a demand which he believed he had reasonable grounds for making; and

    (b) that he believed that the use of the threat was a proper means of reinforcing the demand.

(3) In this section references to sending include references to delivering and to causing to be sent or delivered and "sender" shall be construed accordingly.

 

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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I was thinking of sending them a contract

 

I will invioce you the sum of £20 for my time in answering telephone calls from your company, staff or representives.

If you telephone me after recipt of this contract, it will be taken as aceptance of this contract.

If you do not wish to acept this contract, DO NOT PHONE!

Creation Financial Services--S.A.R - (Subject Access Request) sent 18 Oct

Statements received 28 Oct

PAR sent 30 Oct for £910 Credited £282 as Good will Offer

LBA sent 28 Dec for £730

N1 filled out, but they phoned and settelled in full 19 Jan:D

GE Capital--S.A.R - (Subject Access Request) sent 18 Oct

Capital One---S.A.R - (Subject Access Request) sent 18 Oct

Great Universal(Littlewoods Shop Direct--S.A.R - (Subject Access Request) sent 18 Oct

PAR sent 19 Jan

 

Nat West--S.A.R - (Subject Access Request) sent 26 Oct

Received 27 Oct

Acknowledgement received 28 Oct

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try Maplins, they seem to be ok

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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and your local Trading Standards....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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****RESULT***** I went to hand in the N1 this morning but realised when I got to the court that my wife had to sign to forms as it is in her name. However she phoned me at work this afternoon to say she had had a phone call from a very appologetic man at Creation who said sorry for all the phone calls, he was writing the account off, AND would be sending a cheque foe £350. :D :D :D

Creation Financial Services--S.A.R - (Subject Access Request) sent 18 Oct

Statements received 28 Oct

PAR sent 30 Oct for £910 Credited £282 as Good will Offer

LBA sent 28 Dec for £730

N1 filled out, but they phoned and settelled in full 19 Jan:D

GE Capital--S.A.R - (Subject Access Request) sent 18 Oct

Capital One---S.A.R - (Subject Access Request) sent 18 Oct

Great Universal(Littlewoods Shop Direct--S.A.R - (Subject Access Request) sent 18 Oct

PAR sent 19 Jan

 

Nat West--S.A.R - (Subject Access Request) sent 26 Oct

Received 27 Oct

Acknowledgement received 28 Oct

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I am constantly being told that in spite of my letter, the calls will continue! Sigh! Presumably nothing will stop until I complain to OFT!

 

I phoned the OFT on Wednesday and was told there was nothing they could do, they said that if the calls were before 8am or after 8pm they would call it harassment, and that it could be reported to the poilce.

Creation Financial Services--S.A.R - (Subject Access Request) sent 18 Oct

Statements received 28 Oct

PAR sent 30 Oct for £910 Credited £282 as Good will Offer

LBA sent 28 Dec for £730

N1 filled out, but they phoned and settelled in full 19 Jan:D

GE Capital--S.A.R - (Subject Access Request) sent 18 Oct

Capital One---S.A.R - (Subject Access Request) sent 18 Oct

Great Universal(Littlewoods Shop Direct--S.A.R - (Subject Access Request) sent 18 Oct

PAR sent 19 Jan

 

Nat West--S.A.R - (Subject Access Request) sent 26 Oct

Received 27 Oct

Acknowledgement received 28 Oct

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I would add that in the last week I have spooken to OFCOM, the OFT and Trading Standards, and none of them seem to know the law, or seem to be able to do anything. I have say the help from people on this site is way better then any of these organisations, Thank you all, and lets keep it up.

Creation Financial Services--S.A.R - (Subject Access Request) sent 18 Oct

Statements received 28 Oct

PAR sent 30 Oct for £910 Credited £282 as Good will Offer

LBA sent 28 Dec for £730

N1 filled out, but they phoned and settelled in full 19 Jan:D

GE Capital--S.A.R - (Subject Access Request) sent 18 Oct

Capital One---S.A.R - (Subject Access Request) sent 18 Oct

Great Universal(Littlewoods Shop Direct--S.A.R - (Subject Access Request) sent 18 Oct

PAR sent 19 Jan

 

Nat West--S.A.R - (Subject Access Request) sent 26 Oct

Received 27 Oct

Acknowledgement received 28 Oct

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Guest The Terminator
I phoned the OFT on Wednesday and was told there was nothing they could do, they said that if the calls were before 8am or after 8pm they would call it harassment, and that it could be reported to the poilce.

 

Then that is going against their own guidelines on debt collection.What a bunch of w**k*rs

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Very annoying call from the Co-Op tonight, as usual they ask for the security number which I really have no idea what it is (allegedly I lodged this 6 and a half years ago and haven't spoken to them since ??), asked my name, DOB and post code, then said well OK but it won't be a full discussion as we haven't got the full security ?? Why I asked, I have just confirmed who I am what is the point of talking to me then ?? What do you want then ?? Usual, well it is about the balance and arrears (surely not !!), I then simply asked if they had my letter from 9/1/07 to hand which remains unacknowledged, reply "NO we haven't received it",well you must have because you have cashed the cheque that was stapled to it this week !! "Well how much was it for ??", I reply "look please go and find my correspondence before you discuss this any further with me !!", "Well if you are going to refuse to speak to us I am just trying to help", me "well help by getting the details before you ring me, the details I spent alot of time and effort putting together for you and are somewhere on your premises !!". Then she goes "well I am prepared to accept the payment you have made on a monthly basis and agree a payment plan !!". Hang on I say, you told me you didn't have my letter so how do you know how much the cheque is for or what it was for or what I have asked ?? We are here to help, "Well you can help by telling me the truth when I ask a simple question instead of just lying, I won't agree to anything verbally, please put this in writing" I will sir and I am terminating the call as we are just going around in circles !!"

 

Now is it me or is this the worst attempt to try and get me to trust these people ?? They spent the last two calls trying to trick more information from me, particularly who my employer is !! (two different tactics to do this, so predictable) and again denied they had my letter. Will wait for the letter from them which will also allegedly stop the interest and charges if I agree it, again for someone who hadn't got or read my letter she showed amazing powers of the mind to know this was also requested. Think in future I will just think letters to Co-Op and rely on ESP and mind reading and save on postage and paper, apart from the "security" questions which I shall turn to an old Jedi mind trick to get round !!

 

In the end, call me an old cynic but I think they might be fibbing to me and think I am a bit simple, this is only the beginning too but I am learning the game quickly, anymore nonsense from these fools and it will be letters only which works for me !! I am only here to help !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Well, fed up with the fools at Halifax, took me 13 minutes to get them to actually state who they are, eventually established they were "collections" and a Manager. He had my previous letter regarding telephone harrassment and the fact I had only requested one call per week, he rang about a letter that was sent yesterday that I hadn't got, said I would read it properly and write back, however they couldnt stop the phone calls because I wouldn't agree to what he wanted. So are you going against my specific written wishes and keep rining ..... YES we will !!!! OMG, so let's just get this right, you will ignore my written request and the law and keep ringing ..... YES !! Why !! because you haven't made an agreement ..... but I have just said when I get your letter I will write back to you ...... but you haven't moved it forward ..... I will when I know exactly what you have asked me in writing ............... but we are following OFT guidelines !!

 

No you aren't, pressuring me into agreements when I haven't received a letter, ignoring specific requests regarding telephone communication !!

 

Full do not call me harrassment letter already drafted to post tomorrow !!

 

Not duly made, when the SAR goes in I will request a written trnscript of ths conversation !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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  • 6 months later...

Wow, just reading back on some old threads of mine, can't believe this was over 6 months ago !! Just to say anyone new reading this the advice I got here and the letters did work and now my phone rings only for people I do want to speak to !! Banks, Credit Cards, DCAs all dealt with, sure there was alot of letter writing but control is regained !! Have come a long way in that time and still CAG every day, everything is far from sorted or settled but we go in so much more confident ... all due to this site !! :)

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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  • 3 months later...

Sorry to jump in on yur thread - I have been having phone calls from HFO, which initially stopped when I sent them a harrassment letter but now have started with a vengence! I spoke to this particularly rude aggressive "man" last night and told him to stop but he told me he would ring continually until the debt was dealt with - he rang 25 times consecutively after that and today has left a threatening message saying if I do not ring by 6:30 pm he will do the same thing. Tried talking to OFCOM who say if he is debt chasing he is entitled to do this????! Does this man work for a DCA?! Have spoken to my phone company who are going to put a hold on all witheld numbers but that will not be implemented for 24 hours - how stressed do I feel?! Any suggestions? I have again sent "special delv" the harrassment letter and, by the way, he divulged that I had a debt to them to my wife on the phone - surely this is against the Data Protection Act?

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Funnily enough I have received calls from Metropolitan Collection Services and in my first CCA letter stated that NO PHONE CALLS WERE TO BE MADE otherwise they will be considered harrassment and treated as such....lo and behold 2 calls from them today - letter of complaint off to Metropolitan, HSBC, My MP, TS and OFT.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Eddymced, do you have a loud whistle/fog horn? Sure the not so nice man will stop phoning after being blasted a few times!

Serioulsy though, this is harrassment, and the ofcom response was not helpful. As 42 man says quite rightly, letters of complaint need to be sent to OFT/TS/your MP/DCA/OC, and also speak to the FOS.

You should not have to deal with such harrassment, whether you owe the money or not! But please try and have a laugh at their expense, DCAs like Radio 2 apparently in favour of speaking to debtors, they like to listen until they decide to make the next phone call!

Good luck, and stay calm. Refuse to answer any security questions.

Red

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Keep a written log of all the calls (who / times /dates) and invest in a phone with a call log so you know if they have rung whilst you aren't in (do log these calls too) and a number display (this option costs about a fiver a month from BT), write to anyone who can help, Office of Fair Trading and Trading Standards are good starting points, ofcom are usually rubbish. Also, I wrote to my MP who was very helpful and wrote some excellent letters on my behalf and also the local Police, just get them involved and on file. It is painful having to put up with it, you can ignore it or answer, if you answer you need a script to say that you are recording the call (even if you are not) ask them their name and who they represent and then reel off the three pieces of legislation regarding telephone harrassment and tell them this will form part of your evidence in a complaint to the police, then ask them politely not to ring again and then hang up, this does work and people will soon stop ringing if they think you are recording. As you can see from my thread I did suffer alot from a number of people and now my phone never rings apart from my mum !!

 

Keep the faith and just keep up with the letters !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Thank you both for your words of encouragement and advice. I have put number withheld stoppage on my phone now and the nasty worm has only rung once, showing his number since - I reckon he has found some other poor victim to harrass and threat for the time being but will no doubt be back on to me soon as he seems to feel this is a personal vendetta. He should have got my second letter by now and will hopefully get the message. Just where do these people get off? Do they not realise that they are putting peoples lives at risk by the stress they are causing them - older people or those who cannot cope could become ill or worse! This forum is just so important for people like us and I just wish I could tell everyone who had a debt problem to join and to stop worrying unnecessarily. Thank you again for the strength to continue my fight.:)

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