Are you being harassed on the telephone by your bank or by debt collectors?

[Lozwoo]

They are not allowed to phone you before 8-00am or after 9-00pm

 

I was told by the CAB that anything after 7pm is harassment!!

[sillygirl1]

I think Renegotiations idea is brilliant, you need though to be able to do you OWN Trading Standards and THEIR Trading Standards to stop them passing the buck.

 

I directed a colleague to this site yesterday who was having problems with DCAs phoning up after somebody who lived where he now lives... he said he read the threads with great interest and he is now going to speak to them in Tagalog as his mum is Phillipino... if that doesn't stop them phoning (he has Robinson Way, Westcot and HFO phoning at least twice a day) he will send the harrassment letters. He's already getting his phone changed on my advice as he nearly uses his mobile for calls.

[madson]

hey there, this is my first time on here so not sure if i'm posting in the right place?anyway if anyone can help i would greatly apprciate any advice? I keep getting phone calls from canought collections regarding an old credit card debt that i had with halifax they seem to bully me with every call the debt is only for 1,300 and to me that doesn't seem like a huge amount to owe and to warrent getting nasty calls? i did set up a payment arrangement with them for £30 a month but haven't paid anything yet because i'm not working i'm a stay at home mum and have other things to pay off first. i have just gotten another call from them and they told me that they could start bankcrupcy proceedings and that it could result in me losing my house,really??? for a debt of so little a court would decide yes take her house so that they can get their 1,300????? anyway got fed up of the guy bullying me on the phone once again so told him to just do whatever they felt was nessasary because i just couldn't pay right now. they make me not want to pay them because they **** me off with the way that they speak to me. yes i have the debt yes i know i have to pay the money back but no surely i don't deserve to be spoken to as though i'm owing them thousands and thousands of pounds? Anyway any advice you may have for me would be great! sorry if this post seems to just rabbit on i'm just ****ed off with them calling me all the time.

thanks again madson xx

[andrewman]

If you can not pay the amount previously offered then you need to speak with someone who can advise you better and offer you help in person,like citizens advice,or give Consumer Credit Counselling service a ring of go onto their web page. From my experience of my debt over £1000, i went to the county court and applyed for an administration order and placed all my small debts (unsecured) onto this,i made an offer of £10 to the court which was accepted because i am unemployed, once this is inplace no creditor can chase you for the debt unless the court otherwise informs them. The total amount allowed on an admin order is £5000. From what you say this may be something for you to look at,get the paperwork from county court and have a look,you have nothing to loose. Other idea is to send a letter to creditor outlining what you can reasonably afford to pay,minimum £1.00, you may be able to find the letter template on this site if not goto National Debt line,where you will find the letters you need,pre-printed if you have access to a printer. more than likely you will get other reply's with more ideas to look at. what ever you decide Good Luck. post back if you still have problems,there is always somebody willing to help.

[AnimalMagic]

1. Keep a log of all calls (date & time) and what was said. If you are able to record them, all the better.

2. Write a letter stating you will not discuss the matter over the telephone due to their abuse, and that they must only communicate by letter. (templates available on this site).

3. CCA them - it may well be that this debt is unenforcable.

4. Ask for copies of the recordings of any telephone calls, so you may 'take further action'...

 

Connaught are nasty - they issued a statutory demand against me for a debt which they claimed I owed a company whom I had never had any dealings. When I CCAed them they backed down as they were unable to supply any proof of debt.

 

IMHO the CAB are not much use in this situation.

[The GodMother]

Just a question.

 

You are saying record you calls but i cant do that on my mobile. Could i buy a dicterphone and put my calls on speaker phone and record them that way?

 

i have all the capabilities just not the dicterphone.

 

Chrissi

[SURFBOY]

That is exactly what i have done, i then down load it onto my computer.

Works wonderfully and only cost £20 for dictaphone.

Computer records the time and date and the call.

I now have a nice log of all unwanted DCA calls....... very handy!

[The GodMother]

kk how would i down load it on to the comp or does that softwear come with the dictaphone?

 

i thought these things also used tapes?

[krispykreme]

You can buy a recording device that fits on to your iPod from TK Maxx only £19.99. I have seen these elsewhere for £60. Works like a dream and well worth the money. HTH somone:)

[SURFBOY]

I bought an olympus digital dictaphone for £20 from currys, comes with software and a usb cable. It realy is very usefull

[renegotiation]

I don't have Skype. Can anyone recommend some other software to use on my broadband telephone line?

[The GodMother]

ok if i was to go the ipod way how much would the ipod cost me?

 

surf boy thanxs for that i will look into that

[english_beauty]

When I answer the call, I correctly identify myself by name. When the debt agency then says 'I want to take you through 'security' and then ask me silly personal questions like my house number, I refuse. This stumps them because their procedures are wrong and the youngsters on the call don't know what to do.

 

The debt agencies bleat on about Data Protection Act requirements. Sure the Data Protection Act does require themto check its me when I ring them. They should check against information that they should already hold, such as my date of birth etc. But when they start the call, the tables are turned. I should ask them to verify themselves!

 

If you think I'm wrong, just think about it for a minute. You receive a call from someone who you have never dealt with before. They ask you for your date of birth or some other such piece of personal data. You willingly answer. How do you know they have the information to check against in the first place? On the other hand, if the call was from an identity fraudster, you have just started to give away some personal information, free of charge. No wonder ID fraud is growing rapidly.

 

DON'T GIVE OUT PERSONAL INFORMATION TO ANYONE YOU DON'T KNOW. IF A DEBT AGENCY CALL YOU, IDENTIFY YOURSELF CORRECTLY BUT DON'T SAY ANY MORE UNTIL THEY TALK TO YOU PROPERLY. So far, all the agencies I have dealt with have gone away empty-handed.

 

Docman

 

 

Most banks will send out letters before calling customers who are in arrears - the letters give the customer reasonable time to contact the bank in order to discuss the arrears. If the customer fails to do so, and this is very common, how else is the bank meant to move forward in dealing with peoples' debts? Most people are in debt because they've used money that isn't theirs, however, I totally agree that banks make errors, and when errors are made, these should be rectified forthwith. My friend banks with Lloyds TSB and has had the debt collection centre in Brighton calling him, however, there are safeguards in place to ensure that these people are not fraudsters. For example, they'll ask for the first line of your address, post code and date of birth, then you're more than entitled to ask them a series of questions - failing that, why not just ask for a telephone number to call them back on, then you can verify it?! It seems that people are looking for any excuse not to pay what it is [they] owe.

 

 

And, I don't believe that calling customers is illegal. If banks continue to do so time and time again then, yes, it may constitute harrassment, however, simply calling you up occasionally isn't. Pay your debts - you make it more expensive for the rest of us who manage our money!

 

Lovelove

[english_beauty]

hey there, this is my first time on here so not sure if i'm posting in the right place?anyway if anyone can help i would greatly apprciate any advice? I keep getting phone calls from canought collections regarding an old credit card debt that i had with halifax they seem to bully me with every call the debt is only for 1,300 and to me that doesn't seem like a huge amount to owe and to warrent getting nasty calls? i did set up a payment arrangement with them for £30 a month but haven't paid anything yet because i'm not working i'm a stay at home mum and have other things to pay off first. i have just gotten another call from them and they told me that they could start bankcrupcy proceedings and that it could result in me losing my house,really??? for a debt of so little a court would decide yes take her house so that they can get their 1,300????? anyway got fed up of the guy bullying me on the phone once again so told him to just do whatever they felt was nessasary because i just couldn't pay right now. they make me not want to pay them because they **** me off with the way that they speak to me. yes i have the debt yes i know i have to pay the money back but no surely i don't deserve to be spoken to as though i'm owing them thousands and thousands of pounds? Anyway any advice you may have for me would be great! sorry if this post seems to just rabbit on i'm just ****ed off with them calling me all the time.

thanks again madson xx

 

Firstly, the debt collections agencies have to adhere to a 'collectors code' - you can view these procedures by contacting the FSA (Financial Services Authority). Collection agencies are not allowed to behave in the ways that you've illustrated. However, your debt needs to be dealt with. You don't have to offer as much as £30 per month. I suggest you contact CAB (Citizens Advice Bureau). CAB will probably tell you to make an offer which is a fraction of the £30 you originally offered. Regardless of whether or not the debt agency accepts it or not, you have made an offer. It is highly unlikely your house will be repossessed, however, what could happen is that you'll be credit defaulted (bad credit rating for 6 years - affects jobs, loans, bank accounts, etc). Alternatively, the debt might get sold to a debt recovery agent. If this happens you'll have bailiffs knocking on the the door.

 

My advice to you from someone who has experience from the collections side of things is this: Speak to the FSA - if the agency has been using inappropriate techniques over the phone, you can check up on this. Speak to CAB and get them to go over your finances, then they can act as a third party working on your behalf. Don't fret, it is highly unlikely your house will be taken - this would be a rather unorthodox approach to take for a debt of only £1300. If things get really bad, speak to a regulatory body, such as the Financial Ombudsman, Consumer Direct, or Trading Standards. And remember, you're not the only one out there - millions of people can't afford to pay their debt and there are people out there in the same position as you.

 

Unfortunately for you, the debt agencies and corporate companies have a lot of weight and power, however, if you use the above advice it will certainly mitigate any potential potent problems you face in the near future.

 

Above all, make sure you do stay in contact with the agency - as soon as you explain to them that you're seeking advice from a third party, they should, logically, stop ringing all the time because they're privy to the fact that ringing you will get them nowhere - it will also buy you some time.

 

I hope this helps.

[english_beauty]

They are not allowed to phone you before 8-00am or after 9-00pm

 

I was told by the CAB that anything after 7pm is harassment!!

 

That's contradictory, then. If they're allowed to ring you before 9pm, then after 7pm and before 9pm isn't against the law?!!! Err.

[Conniff]

english_beauty wrote..

 

Firstly, the debt collections agencies have to adhere to a 'collectors code'

There is a code yes, but they don't 'have' to stick to it and rarely do especially on the phone.

- you can view these procedures by contacting the FSA (Financial Services Authority). Collection agencies are not allowed to behave in the ways that you've illustrated.

They are not supposed to, but they do.

However, your debt needs to be dealt with. You don't have to offer as much as £30 per month. I suggest you contact CAB (Citizens Advice Bureau). CAB will probably tell you to make an offer which is a fraction of the £30 you originally offered. Regardless of whether or not the debt agency accepts it or not, you have made an offer. It is highly unlikely your house will be repossessed, however, what could happen is that you'll be credit defaulted (bad credit rating for 6 years - affects jobs, loans, bank accounts, etc). Alternatively, the debt might get sold to a debt recovery agent. If this happens you'll have bailiffs knocking on the the door.

No they wont have a bailiff knocking on the door. Only court judgments can give a bailiff the authority to knock on someones door. The dca's pretend they are bailiffs in a lot of cases though to frighten people.

 

So you need to be certain of what you are saying instead of saying what your particular DCA told you to tell customers.

[dannyboy660]

:o

 

Blimey, I don't even know where to start .....

[Conniff]

That's contradictory, then. If they're allowed to ring you before 9pm, then after 7pm and before 9pm isn't against the law?!!! Err.

 

It's not the timing of the calls that most are complaining about, it is the frequency.

Some members on here are reporting 20 or 30 calls per day, that's harrasment irrespective of the time they are made.

[IIIUMINATI]

You can get your phone company to barr any calls which you do not wish to receive

[The GodMother]

yes but after a certain amount of barred calls it costs and if ppl are recieving them for loads of different numbers then it will cost them.

[Givuzagame]

Lloyds TSB and their Sechari Clark & Mitchell solicitors.

Wrote to [problem], they then started writing to my husband, I sent another harrasment letter to include his name now Lloyds ringing so guess what? Yes, sending them a letter now to their compliance Dept.

 

It's simply not good enough in this supposedly educated society that these people fail to respond/reply correctly to our letters.

 

It is a typical case of scaremongering and needs addressing.

 

No one should be or feel harassed - where are our civil liberties, our human rights....

 

and why in Europe (we're supposed to be a part of?) is banking so much quicker? One rule for us, one rule for everyone else, same old, same old..

[make them aktiv runners]

there are safeguards in place to ensure that these people are not fraudsters. For example, they'll ask for the first line of your address, post code and date of birth, then you're more than entitled to ask them a series of questions - failing that, why not just ask for a telephone number to call them back on, then you can verify it

 

Excuse me, anyone phoning me will have to verify themselves first and deal with questions I ask for proof, I will not phone back either. Aktiv have discussed the contents of an alleged account without verifying even my name, more than once.

 

If they do not like how I deal with incoming calls, maybe it is better for them to write, after all it is my phone being answered so I dictate the rules.

[The GodMother]

Excuse me, anyone phoning me will have to verify themselves first and deal with questions I ask for proof, I will not phone back either. Aktiv have discussed the contents of an alleged account without verifying even my name, more than once.

 

If they do not like how I deal with incoming calls, maybe it is better for them to write, after all it is my phone being answered so I dictate the rules.

 

 

Here here.

 

Maybe if they paid the bill for you then it would be different.

 

I have Hissed of studio cards by refusing to answer there questions and they told me i was being awkard.

 

So i said to them are they paying my line rental and they obviously said not so i told them when they do they can tell me i am being awkard untill then if i want to be awkard i can be as the OFT guidelines say i can and you have to put everything in writing.

 

goodbye

and hung up.

 

Needless to say they have not rang back.

 

Nice to have u back.

[english_beauty]

So you need to be certain of what you are saying instead of saying what your particular DCA told you to tell customers.

 

You've read too much into that. If a debt agency buys the debt, they will follow procedures to claim what is owed by the party in debt - this is often when assets are taken from the party in question, simply because there is no other option for [them] to clear their debt. Yes, it needs to go through court, but with debt rising it's becoming a more common occurrence. So what I said isn't entirely erroneous.

 

Anyway, don't bite my head off, I was merely trying to give some advice

 

Good luck, you probably need it?

[english_beauty]

Excuse me, anyone phoning me will have to verify themselves first and deal with questions I ask for proof, I will not phone back either. Aktiv have discussed the contents of an alleged account without verifying even my name, more than once.

 

If they do not like how I deal with incoming calls, maybe it is better for them to write, after all it is my phone being answered so I dictate the rules.

 

This is a fair point. Maybe if you responded to the letters or, even better, paid your debt, they wouldn't be calling you at all?

 

Think about that one.