advice needed,on so many debt collectors after me

[Monty2007]

I read Sparkie's reply and DCA guidelines/rules. I note with interest the section:

k. Ensure that collectors who use pseudonyms can

be identified within the member’s organisation.

I am in default with Amex and having to deal with RMAI Resolve/Regain (they keep changing what they call themselves) but are really NCO Europe. They have sent me some documentation following my request under the Data Protection Act but much of the correspondence is in code; such as "x was called by TAM1 and said....."

So are these DCA rules enforceable in any way?

Does a DCA legally have to provide all documentation, the did not supply a CCA to me or have Amex - any views?

[Monty2007]

There are two lines of approach in respect of either stopping the calls or allowing them to continue as you suggest; if you allow them to continue and ensure that you collect all the data (recordings, letters, visits) they this will be viewed by the court as harassment.

You should be able to demonstrate breach of (i) the Administration of Justices Act 1970 (S.40) which makes it a criminal offense for a creditor or creditor’s agent (i.e. debt collection agency) to make demands (for money), which are aimed at causing “alarm, distress or humiliation, because of their frequency or publicity or manner”. Equally a creditor will be committing an offense if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not. And (ii) the Protection of Harassment Act 1998 that provides provisions in terms of debt collection harassment. This act is clear in that it is a criminal offence for any person to pursue a course of action “which they know, or ought to know, amounts to harassment of another person”.

I had to get them stopped since they were driving my wife crazy and we have a baby and we just hated answering the phone. My DCA's have sent enough threatening letters anyway despite paying them, they just issue them as confetti, a bit like e-mail spam.