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

[The GodMother]

oh so there is.

 

so could we record all telephone calls on that then?

[Chalkitup]

oh so there is.

 

so could we record all telephone calls on that then?

 

 

Hello The GodMother,

 

I have just tried it ....... works very well ....... and you just rename the wav files whatever you wish and store in a folder on computer .... i.e. 1st Credit-DATE-TIME ........ I tried it with my telephone logger patch which plugs in between the telephone handset and base and then another lead from the patch plugs into my microphone socket in back of computer.

Mind you ........... if you search on the Internet you will find free telephone recorder software you can download and these have a nice control panel that is like a spreadsheet .... date / time / number that called / length of call etc etc ........... but you need the telephone logger patch.

 

Onwards and Upwards

 

Chalkitup

[The GodMother]

does this patch work on mobiles?

[Chalkitup]

does this patch work on mobiles?

 

 

No it does not ..... However I just went on a well known auction site and put Record Telephone Calls in the search engine and one of the items that came up might be what you are looking for.

But I would first ask if anyone on here has tried it as I know that sometimes there can be a problem recording from mobiles because they give out a pulse.

 

UPDATE ..... Sorry just rechecked .... no good as they say you can not connect it to computer.!!

 

 

Onwards and Upwards

 

Chalkitup

[siamesefeline]

You can report them, but it is unlikely that TS will do anything.

 

I would log date and time of every call, noting anything that is said or if it is a silent call. Make a note now, of the approximate date and time the calls started and how many you think you have received in the meantime.

 

If you get to speak to anyone tell them that you will only communicate in writing. Inform them that they are in breach of the CCA and the OFT guidelines. Once you have done this, and they continue to call, send a Data Protection Act request for all call logs and transcripts of telephone conversations.

 

I would also get a recorded delivery letter off saying the same thing and quoting the OFT guidelines, Section 40 of the Administration of Justice Act, etc. There are some templates on here. Get proof of delivery and if the calls continue then you are in a strong position to bring a harrassment case against them.

 

You can also complain to BT Malicious Calls Bureau on 0800 661 441. If the calls are caller withheld, then they will trace the line. Also report it to the police and get a crime number. :(BT have a choose to refuse service which you have to pay for, something I object to. (I think it should be free).

 

In short, accumulate as much evidence that you can...

 

You may find that a threatening letter is all it takes, but continue to log any calls as they may start again after a period, especially if it is passed to another debt collector. Keep all the evidence until you are certain the matter is settled (and even then I would keep it as long as possible).

 

Unfortunately BT cannot refuse the 0800 numbers. I have Choose to Refuse and there are so many numbers they will or can not stop check whether it would be worthwhile paying for the service first. Hope that helps someone.

[ChasedbyAgencies]

Hi All, I am very new to the site, so hope I have put this in the right place. I have been unmercilessly harrassed by Mercers even though they are aware of my situation. I have told them that I am on incapacity benefit because I have ME/CFS, and that they are making me worse by stressing me and harrassing me. I have been at the end of my tether. Two weeks ago I paid £20.00 after they had been constantly calling me. They told me that this would stop the calls. Last Wednesday I had 10 or 11 calls. They werent all automated, 5 of them were from a real person (same person). I found your forum that day. I was so stressed that I couldnt sleep and was up for 48 hours. Friday morning I had two calls. On the second call, I demanded the person's surname, and told her I would not talk to her when she refused. She gave me her surname. Then she wanted to take me through Security. I replied "Why do you want my D.O.B.? If you are who you say you are, calling from the company you say you are, you have all these details on file, so you don't need to ask me for them" Well, this got her, she replied "OK, we'll take you to court" and slammed the phone down!!! I laughed my head off, it felt good that trying one of the tactics I'd read about here worked I have not had any calls since . My condition makes it hard for me to write letters and find info on the internet (I get mentally fatigued and confused) Last Friday I found a letter on this site to send companies like Mercers when they are harrassing you. I can't find it, even though I have been looking for the past hour. Can someone please send me the link. Thank you

[Chalkitup]

Hello ChasedbyAgencies,

 

Welcome to the site.

 

Here is a good letter to send .....

 

 

 

Dear Sirs

Harassment By Telephone Warning

 

 

Telephone number (YOUR TELEPHONE NUMBER/S)

 

Account Number: XXXXXXX

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 also require the telephone number/s listed above to be completely removed from your systems.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

#---#--#--#--#--#

OR

,,,--,,,--,,,--,,,--

 

[NAME HERE]

Some Caggers prefer not to sign letters to creditors incase the creditor allegedly copies and pastes the signature to an agreement. I however do sign my letters but I print a few hash boxes or commas or anything really first (as in red) and then sign right over it so if the signature was copied and pasted these should show.

 

 

Remember from now ...... Do not speak to them on the phone ......

 

And have you sent them a CCA request yet????

 

 

Onwards and Upwards

 

Chalkitup

Edited August 5, 2008 by Chalkitup

[The GodMother]

after a inteligent convo with cap one the other day, me being the intelligent person on the phone, they are now texting me.

 

Now i am just wondering with the new technology are texts classed as harrassement via the telephone. they send them to my mobile that being the only number they have for me.

If so can i add these messages to any court claim regarding harrassement?

[rdm2006]

after a inteligent convo with cap one the other day, me being the intelligent person on the phone, they are now texting me.

 

Now i am just wondering with the new technology are texts classed as harrassement via the telephone. they send them to my mobile that being the only number they have for me.

If so can i add these messages to any court claim regarding harrassement?

 

 

Texting is still contact via the telephone so if you have told them not to contact you by phone then you answer is YES

[The GodMother]

so yes it is harrassement. Can the messages be used in a harrassement case?

[Chalkitup]

so yes it is harrassement. Can the messages be used in a harrassement case?

 

 

Hello GodMother,

 

My answer would be yes ......

 

Protection from Harassment Act 1997

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

And so on...........

Plus....

‘A schoolgirl won a landmark injunction banning her 20-year-old boyfriend from sending her text messages on her mobile phone … The case highlights … the disturbing trend of so-called textual harassment.’

(Daily Mail, March 2001)

 

Malicious Communications

A particularly unpleasant and sadly, increasingly common, form of bullying or harassment is that involving malicious communications either through the post, telephone, fax, via the internet or by sending text messages to mobile phones.

Under the Malicious Communications Act 1998, it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. Under section 43 Telecommunications Act 1984, it is a similar offence to send a telephone message which is indecent offensive or threatening.

 

 

ELECTRONIC COMMUNICATIONS

The Privacy and Electronic Communications (EC Directive) Regulations 2003

"electronic mail" means any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient and includes messages sent using a short message service

 

 

I only had a quick search and I realise not all the above are perhaps relevent but you get the idea.

 

Onwards and Upwards

 

Chalkitup

[The GodMother]

Thanks chalkitup.

 

I did not realise that there was a malicious communications act 1998. So it looks like i can sue C1. Nice one just as them to put the money towards the card then cancel it.

[Chalkitup]

Hello GodMother,

 

The Malicious Communications Act 1988 section 1 deals with the sending to another of any article which is indecent or grossly offensive, or which conveys a threat, or which is false, provided there is an intent to cause distress or anxiety to the recipient. The offence covers letters, writing of all descriptions, electronic communications, photographs and other images in a material form, tape recordings, films and video recordings. Poison-pen letters are usually covered.

Particularly serious examples may justify a more serious charge, e.g. threats to kill.

The offence is one of sending, delivering or transmitting, so there is no requirement for the article to reach the intended recipient.

 

Debatable if you could use this one!

 

However:-

 

Communications Act 2003 section 127

(Came into force 25th July 2003 replaced s43 Telecommunications Act 1984)

(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

(c) persistently makes use of a public electronic communications network.

 

 

Onwards and Upwards

 

Chalkitup

[gbellbcs]

Another new ploy they have adopted is if you bar their numbers is to send an SMS to your house phone from the number you have barred. If you hear the message from the lovely woman at BT you have recieved a message from 0123456789 and you know its a DCA that you have refused to deal with then press option 3 and delete the call without listening to it simple:D

 

Hi All,

My first post and I feel so cool after reading the above post and all of the others.

 

I have to say that I have done the call bar stuff and it's boring, it works for a while but I tend to get lonely when no one calls even DCA's (sad I know) but life goes on..

 

A question .. is it possible to use a "normal" answering machine to record these type of calls when I answer the phone call :?

 

I have a one of these things and it's set to answer after 2 rings if I can't get to the phone within 2 rings, well, another call I missed, but if I really do hate it when they don't leave a message for me to listen in on, plus if they don't leave a message I can't call them back (shame)

 

Have fun and "Don't Worry, Be Happy"

[kcasey]

If these laws are in place, but no-one is willing to enforce them, then what is the point of them being there! We need someone to take responsbility and actually enforce them.

[willtheywontthey]

Have an FOS ajudicator at long last who will be loking into my complaint about Capital One's phone calls to me. (started complaint in November).

 

Would appreciate any advice on what extra hard-hitting info. I can include in my additional letter to them (they checking what else has been happening since I made my complaint) so see this as an opportunity to ask some fellow CAGs for advice regarding wording. I fear the FOS will state that Capital One 'are' allowed to phone me until I reply and then they won;t phone me for a week which the FOS will agree is fair. My argument at the moment is a bit basic and emotional - they phone me even though i do not want them to!

 

Advice please on wording and link to any regs / laws in particular which the OS 'can' do somehting about. Ideally I want the FOS to investigate Capital One's policies on contacting customers by phone.. it really is more aggressive and different in approach to any other credit card company that I have experienced. I have not recorded any calls nor kept a log. I have requested SAR but not really received anything a. that I understand b. anythign that identifies all calls made or attempted nor conversation transcripts (do they have to give these???) or audio files.

 

Any advice on DPA requirements / documents and all that would also be appreciated.... (pm or another thread somewhere??)

[Lady Python]

Just a quick question. Can anyone recommend a relatively cheap telephone recorder system that can be hooked into the PC please? Had a look at Maplins but can only see one for £149.99 and we can't afford that price.

 

Thankyou.

[Chalkitup]

Just a quick question. Can anyone recommend a relatively cheap telephone recorder system that can be hooked into the PC please? Had a look at Maplins but can only see one for £149.99 and we can't afford that price.

 

Thankyou.

 

 

Hello Lady Python,

 

Buy a Telephone Logger Patch which plugs in between the telephone handset and base and then another lead from the patch plugs into the microphone socket in back of computer.

There is a sound recorder built into Windows XP which is accessible through start / all programs / accessories / entertainment.

It records in wav format and works very well with Telephone Logger Patch ....... and you just rename the wav files whatever you wish and store in a folder on computer .... i.e. 1st Credit-DATE-TIME.

Or if you search on the Internet you will find free telephone recorder software you can download and these have a nice control panel that is like a spreadsheet .... date / time / number that called / length of call etc etc ........... but you need the telephone logger patch of course.

 

Search TELEPHONE LOGGER PATCH on Google.

 

There were some Loggers on a well known Internet auction site for around £20!!

 

Onwards and Upwards

 

Chalkitup

[Lady Python]

Thankyou Chalkitup. I'll have a look at that:)

[IIIUMINATI]

Hello

I have did have the same problem. Sent the Harassment letter recorder

the calls stopped for a number of months then they began again.

I would seem that not much notice is taken by them. Anyway I use the phone a lot and to have clowns calling me is a nuisance so I aske my telephone company if they could help.

I use Toucan the provided me with a service call choose to refuse.

This allows me to Barr up to 12 numbers. Simply input a code and then there number and thats it. The service costs £3 a month and can be canceled at any time. Well works very well but the best thing it provides

is when you receive your bill it shows all the calls which the barred company has made to your number. On my print out I received 9 calls a 1 second intervals one morning. Must be there automatic dialer.

Well as you know you can keep a diary however anything can be written in it and you may miss call when you are out. This way you have a third party to prove the call were made .The police rely on telehone evidence in many terrorist cases.

This company have about twelve number they could use to call me I only entered one but it automatically blocked a second number.

£3 good value its like getting a barking dog silenced.

They have stopped calling.

[nickismee80]

Hello..

 

This might have been covered alredy, sorry if it has..

 

When does the amount of calls you receive go from someone trying to get hold of you to harassment??

 

A have been getting calls which vary from 8 calls to 1 call a day over the past 10 days (33 in total), also the odd text message now and then.

 

I have written to asking them to stop calling me, everything should be in writting, the reply i reveived back was "you owe us money, we find it fair to chase the customers until the debt has been paid off in full". They did also state they wouldn't call for 2 weeks. 2 weeks to the day the calls start again.

 

I really want to go the next step, but im not sure what the nex step is. I have been keeing a record of every call and text since the 6th August.

 

im basically in this mess due to an error they made, and i've had enough of this now.

 

Oh, on certain mobiles, you can add numbers to a reject/ignore number list.. this is what i have done.. if anyone else would like to do this, the most common numbers they use to ring me are

 

0800 4220295

0800 4220292

0800 4220294

0800 4220293

 

The incoming call will go straight o answer phone without your phone ringing.

[nexusdee]

After reading the threads on giving ur personal information out to debt callers I thought I must add my own experiences and why now I refuse to give any callers my information.

 

When I first moved into my house I was constantly getting mail for the previous tenant. Whenever a letter arrived that wasnt in my name i just marked it not known at this address and return to sender and reposted.

 

About a year later someone came from British Gas regarding an unpaid bill from the year 2000. I explained to him that I had never been with British Gas and also that I didnt move into the property until 2002. I showed him my tenancy agreement as prove. He aplogised and left. I heard nothing until about 6 months later when a letter arrived through my door addressed to the tenant. I opened it and it was from a debt collection agent. I phoned them and after minutes of listening to a very sarcastic nasaly voice demanding I make repayments when i finally got a word in edgeways i asked what the debt was for. An unpaid British Gas Bill!! So i explained as best as I could - these people are not very good at letting u finish what u say, I naively gave her my name. Next thing I knew I was getting the debt letters in MY name. Each time i would contact them informing them it wasnt my debt. I even send proof of tenancy which showed I did not move into the property until 2 years after the debt occurred and also sent tem proof that when i did move into the property i immediately switched to another provider.

 

2 years and many phone calls, letter later I had a rather threatening visit from a bailiff, once again I showed him proof. I immediately contacted the police regarding this who gave me advice about under any circumstances never allow one into my house and they will try many excuses to gain entrt - using my phone, toilet etc, they also gave me an emergency contact no.

 

After many threatening phonecalls saying they would take me to court regarding the matter - and me pleading with them to take me to court. It happened. At the court hearing, I showed them copies of correspondence, letters which showed they had changed the name on the debt into mine, proof that the debt occured before I was the tenant. I can still remember the judge saying - but this isnt ur debt. I sighed and replied - I know that, u obviously now know that, will u please tell them that!.

 

The judge threw it out, but for about a year later I still received letters from them and it didnt stop until I got a solictor to write to them threatening them with legal action for arrassment.

 

Sorry this is long winded but wanted to warn everyone what could happen if u give these people ur name

[kcasey]

What times are DCA's able to call between? and on what days?

I've been trying to search but can't find anything.

I currently have complaints lodged with The Royal Bank of Scotland plc, Capital One Bank (Europe) plc, Sky Card.

Sky Card have replied and basically saying that they don't see a problem phoning me, they have now received a letter that will put them in doubt as to their position, especially after a very rude telephone call to their Collections Team in Milton Keynes. I am aware I owe them money but I will NOT be spoken to the way they seem to think it's acceptable for their staff to speak to customers.

 

Anyone else had any dealings with Sky Card?

[JOSH_IOU]

DCAS have to call between reasonable times and if you apear disstressed they must leave immediately.

 

They can call you unless youve removed the implied right between the hours of 8am and 9pm. The legislation for this is at the start of this thread.

 

If they send you more than one letter that is asking you for a debt this may be classed as harrasment. Under the Administration of justice act 1970 section 40. This also has been noted at the start of the thread.

 

I dont think it would hurt if you dont want to be involved with them including this legislation in a letter and send it recorded delivery.

 

Never use your real siganture in a letter to a dca.

[kcasey]

 

Never use your real siganture in a letter to a dca.

 

Why should you never use your real signature to a DCA?