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    • well 10/10 for opening a parachute account and stopping LLoyds dipping into your meagre income.   who are moorcrofts stated client please on their letters?   as for cabot, send them a CCA request when did you take this card out please?    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Are you being harassed on the telephone by your bank or by debt collectors?


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This is definitely harassment SF - they should not be ringing you at work, check out Texel's post above and report them to Consumer Direct. If you are receiving correspondence from them too, then send off the telephone harassment letter :wink:

Hi Brassed off,

I did send MBNA them a telephone harrasement letter and also their dca RMA who they also set on me.My boss called me in his office one day and said that he had received 10 phonecalls that day from RMA and in spite of constantly telling them that i did not take calls at work and that they were not contact me again they still kept ringing up!It was outrageous,However i did send a telephone harrasement letter to both MBNA and RMA by registered mail and my boss sent a letter to RMA as well telling them to stop.I think RMA may have stopped pestering me at work as i have not heard them mentioned lately by colleagues but MBNA are still ringing up my work place and i was told that they had rang me about three days running last week at work!They are really out of order!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Log the calls date and time and what was said. This will still be evidence if you need to take it to court. Make sure you keep telling them not to call you at work and log this.

Hi Animalmagic Thanks for advice about the calls ,It is good to know that even though it is more difficult at work i can use these calls as evidence should matter be taken further,As i am sure my boss and work colleagues would back me up in giving evidence about phone calls.

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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SF, do you have a thread on RMA/MBNA?

Yes it is Re distressing call from MBNA

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hello SF99!

 

As i am sure my boss and work colleagues would back me up in giving evidence about phone calls.

 

That could be very, very useful. If two reasonable people witness these Calls to your Work, and both say they are Harassment, then it's Harassment. You have your primary evidence.

 

If you can then get two or more to Sign a simple Statement that they have witnessed several of these Calls coming in for you, result! Jot down Time/Date and the Calling Line Identity if it shows on a Phone Display. Maybe use a Mobile Phone Camera to take an Image of the Phone's Display. Then ask them to Sign/Date the Statements, and you are on the road to sorting this.

 

Two or Three Statements like that, and you have some damning evidence.

 

Plan this if you can, and ask for your Boss's or Colleagues' help to ensure they are on standby to witness any more Calls coming in. Try to get the names of all Callers, and also try to tease out the name of the Manager who has authorised the Calls. The Manager cannot then hide behind a claim that it was just a rogue Employee acting in isolation.

 

Maybe play them along to get what you want, for example, by saying something like this in your happy voice:

 

Hello, many thanks for your Call. I have my paperwork here, but just so that I can relate this to my Letters, can you please let me know your name, and also the name of the Manager who has asked you to Call me. Pretty please, with big sugar lumps on top.

 

Then hang up once you have what you need. Thumbs up from your Boss/Colleagues that they heard everything, and hand out the Witness Statements! I'm sure they will be only too pleased to help, especially your Boss, if he/she has already had to fend off 10 such Calls in one day alone.

 

When you have that, take it to the Police. They will issue a Crime Reference Number. They will prosecute an individual, but can't haul a Company into Court. Likewise, they will haul a Manager into Court even if they never made any Calls, provided that Manager has been mentioned by the Employees making the Calls.

 

The Police may just offer to give this bunch a Call on your behalf to warn them off. That should stop the Calls I'd think. Then if they start up again, just go back to the Police quoting the same Crime Reference Number above.

 

Ideally, you do need to get a Manager's name, as then the Harassment is clearly from MBNA rather than an Employee. They will sacrifice any number of Employees, but start going for their Managers, and they will soon leave you well alone. They'll move on to find a softer target.

 

I hope this helps.

 

Cheers,

BRW

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Hello SF99!

 

 

 

That could be very, very useful. If two reasonable people witness these Calls to your Work, and both say they are Harassment, then it's Harassment. You have your primary evidence.

 

If you can then get two or more to Sign a simple Statement that they have witnessed several of these Calls coming in for you, result! Jot down Time/Date and the Calling Line Identity if it shows on a Phone Display. Maybe use a Mobile Phone Camera to take an Image of the Phone's Display. Then ask them to Sign/Date the Statements, and you are on the road to sorting this.

 

Two or Three Statements like that, and you have some damning evidence.

 

Plan this if you can, and ask for your Boss's or Colleagues' help to ensure they are on standby to witness any more Calls coming in. Try to get the names of all Callers, and also try to tease out the name of the Manager who has authorised the Calls. The Manager cannot then hide behind a claim that it was just a rogue Employee acting in isolation.

 

Maybe play them along to get what you want, for example, by saying something like this in your happy voice:

 

Hello, many thanks for your Call. I have my paperwork here, but just so that I can relate this to my Letters, can you please let me know your name, and also the name of the Manager who has asked you to Call me. Pretty please, with big sugar lumps on top.

 

Then hang up once you have what you need. Thumbs up from your Boss/Colleagues that they heard everything, and hand out the Witness Statements! I'm sure they will be only too pleased to help, especially your Boss, if he/she has already had to fend off 10 such Calls in one day alone.

 

When you have that, take it to the Police. They will issue a Crime Reference Number. They will prosecute an individual, but can't haul a Company into Court. Likewise, they will haul a Manager into Court even if they never made any Calls, provided that Manager has been mentioned by the Employees making the Calls.

 

The Police may just offer to give this bunch a Call on your behalf to warn them off. That should stop the Calls I'd think. Then if they start up again, just go back to the Police quoting the same Crime Reference Number above.

 

Ideally, you do need to get a Manager's name, as then the Harassment is clearly from MBNA rather than an Employee. They will sacrifice any number of Employees, but start going for their Managers, and they will soon leave you well alone. They'll move on to find a softer target.

 

I hope this helps.

 

Cheers,

BRW

Hi Banker rhymes with

Thanks for your suggestions!Only thing is i work in quite a big place on a couple of floors and several phones and calls tend to be transferred from one phone to another and i work in a shop where there is a danger of customer hearing all my security details and colleagues often busy serving cuustomers,So normally i refuse to given any details at all on phone as the phone i am taking call is on the shop floor so i dont suppose they will give me much detail about manager name etc if i am refusing to give security check details! but at least it is worth a try and the colleague transferring the call will know i have had a call and bank normally tell me what bank they are from at begginning of conversation!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The only one at the moment who's phoning my mobile is Halifax, its not to bad only 3 times a day. Its a good job my ring tones have gone on my mobile otherwise i would be picking up and answering the phone:confused:.

Halifax are getting wise to the 0845 & 0870 there using a 0800 number instead.

 

Gaz

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Hello SF99!

 

Don't worry too much, the key is to get 2 Statements, so if they keep calling you, at some stage you just need two people to see the Call coming in, and see your distress from the Harassment.

 

IOW, you can afford to miss or hang up on as many Calls as you like, but try to get two people to witness at least one Call each.

 

The key is to have two reasonable people who are willing to Sign a Witness Statement to that effect.

 

Cheers,

BRW

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  • 1 month later...

banks/debt collection agencies can contact u on any number they have for you, most of the time the numbers come from the customer when they took out the said agreement anyway!!!

if u request they remove a number then they have to do it, just do that and record the call if u need to as proof.

most mobiles have a record function anyway these days, that what i use!

if u havent advised that the call is being recorded it can dismissed and not used as evidence though!

in terms of harrasement, they can call u a set number of times a day and leave a message on a answer machine either once a day or every other day, cant remember which!

main point would be though, if a bank or dca is contacting u in regards to an unpaid debt u have, unless its in dispute, i know this is a crazy idea....why not answer the fone and make an arrangement to pay back the money u owe!

best way to stop them harrasing u!!

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banks/debt collection agencies can contact u on any number they have for you, most of the time the numbers come from the customer when they took out the said agreement anyway!!!

if u request they remove a number then they have to do it, just do that and record the call if u need to as proof.

most mobiles have a record function anyway these days, that what i use!

if u havent advised that the call is being recorded it can dismissed and not used as evidence though!

in terms of harrasement, they can call u a set number of times a day and leave a message on a answer machine either once a day or every other day, cant remember which!

main point would be though, if a bank or dca is contacting u in regards to an unpaid debt u have, unless its in dispute, i know this is a crazy idea....why not answer the fone and make an arrangement to pay back the money u owe!

best way to stop them harrasing u!!

 

**YAWN**

 

oh and by the way "U" is actually spelt YOU;)

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not the case at all,iv been viewing these forums for a while, i just feel sorry for alot the people in these forums because they are receiving some very bad advice! acknowledged in other posts iv read.

 

im happy to admit i have have been on both sides of the fence and worked within the industry.

i now have 2 dcas after me for debt and because i have i have worked for a dca previously im well equipped to deal with them. but also advise others also.

i also know i owe the money,and will/are being repaid!!

 

how and best ways to deal with the dcas who are in contact with me, everything is on my terms and im in control, knowing what they can and cant get away with.

 

what does make laugh is in alot of the forums that its cultured 'ok to ignore ur debt' leading people to believe it will go away, it wont!

i have also seen alot of forums where it appears dca's and creditors appear to have acted outside of the law, and therefore i am happy to offer advice based on my experiences within the industry, which is alot better than some who seem to make it up as they go along.

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very good, ignorance is bliss and all they hey, what ever works for u, sorry i mean you!
no not ignorance at all,just totally hacked off when people post this "pay your debts" rubbish, people who live in the real world often fall into difficulty and whne they try to make payment arrangements with their creditors , rather than being helped the situation is often made worst by the lenders ignorance, and given that often the debt doesnt have a valid contract under pinning it , who can blame people when they rebel.

 

oh and by the way, as for your comment about people not knowing what they are on about, i work for a solicitors, i have an excellent 100% success record todate with over 300 successful litigations under the Consumer Credit Act so i think i know exactley what im talking about when i give advice to people

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no not ignorance at all,just totally hacked off when people post this "pay your debts" rubbish, people who live in the real world often fall into difficulty and whne they try to make payment arrangements with their creditors , rather than being helped the situation is often made worst by the lenders ignorance, and given that often the debt doesnt have a valid contract under pinning it , who can blame people when they rebel.

 

oh and by the way, as for your comment about people not knowing what they are on about, i work for a solicitors, i have an excellent 100% success record todate with over 300 successful litigations under the Consumer Credit Act so i think i know exactley what im talking about when i give advice to people

 

i wasnt making a direct point about you, if i was i would of said, you work for a solicitors, if so then great, forums like this do need(and ganted,do have) people with proper knowledge and who can give educated and researched advice, rather than alot of guess work or hearsay, which is unfortunatly quite common also.

 

i agree people people do fall on hard times and genuinely find it hard to deal with and manage their finacial situation and this is one the reasons i felt the need to join the forum to offer advice where i can, but with an objective view!

i dont feel people in trouble should just 'pay their debts' but i do feel people can and should deal with them,rather than being led to believe they dont have to and they will go away. if armed with the right facts and information it is simple to work out payment proposals and offers to creditors/dcas, being prepared with financial statements and offers of monthly payments you have worked out you can afford, are less likely to be rejected if submitted in the right way.

taking some responsibility and leaving the person in question feeling alot better about there there financial situaition in the long run.

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Back in the real world, in case anyone forgets where the real problem lies, watch this...it'll be the best 15 mins of your life. This latest banking Recession will soon fall neatly into place:

 

Money as Debt

 

We need to remove bankers from Politics.

 

We need to re-introduce rigid banking Controls to keep bankers from inflating the Debt Bubble until it is the size of Saturn.

 

We need to bring back real Bank Managers, and sack all of the banking drones/Clerks who cannot make a decision to save their lives.

 

We need to scrap the Credit Reference Agencies (CRAs), because once we have Bank Managers with local Authority, able to make local decisions, they won't need to ask a CRA whenever they need to pass wind or cough.

 

We need to see all DCA staff made to wear Girly Pink crotchless peek-a-boo overalls with LED bobble hats.

 

We need to limit Credit Card Interest to a Maximum of 10% over base (unsecured means unsecured if under 25k).

 

We need to limit Personal Loans to a maximum of 5% over base (unsecured means unsecured if under 25k).

 

We need to see s127(3) reinstated, now.

 

We need to see Princess Anne made King (she has the balls for the job)!

 

We need to see Justice for Gurkhas (Gurkha Justice)!

 

If I've left anything out, let me know, and I'll sort it in the morning after my Bacon & Eggs and first glass of Beer.

 

Cheers,

BRW

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Hello popeye1!

 

s127[3] reinstated,please can you explain,thanks

 

The Government, in support of the bankers, removed Section 127(3) from the Consumer Credit Act 1974 when they made changes to it covered by the Consumer Credit Act 2006.

 

Section 127(3):

 

127

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

What this means in Plain English: unless they have an Agreement with your Signature and all of the Prescribed Terms, then they are stuffed.

 

The only good news is this scrapping of s127(3) was not back-dated, so Agreements that were Signed before CCA-2006 are still OK and are still covered by s127(3). CCA-2006 didn't come into effect until early 2007.

 

In other words, they scrapped one of the key areas that protected the Consumer from bankers who failed to get their Paperwork right, or who failed to look after and keep their Paperwork.

 

Hope this helps.

 

Cheers,

BRW

Edited by banker_rhymes_with
Clarification of s127(3)
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BRW.

 

Thanks for that piece of info. I was wondering what it meant when i was reading the thread.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 1 month later...

Or, if you want to be creative, just use the "CALL FORWARDING" feature of your phone, and direct all incomming calls, to any one of those 1,000,000 computer generated numbers that show up on your caller I.D.

 

Im dying laughing at the thought of one of those pests answering their OWN CALLS, and getting the old "Incomming calls not accepted" routine.

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  • 1 year later...

Yes yes yes, Santander - Abbey, 6-8 calls per day every day, 8 AM to 8.30Pm they are driving me nuts! Recently a member of their staff in my local brance has been prosecuted for setting up false accounts - are Santander obliged to enquire if I have noticed any 'strange goings' on with my account? No heard a peep from them whilst all this has been going on - until the guy has been prosecuted then they start writing, claiming letters I had sent had not been received - yet staff had informed me verbally that the letters had been received! The sooner I can get away from any dealings with Santander the better - though they seem to have fingers everywhere, Allience and leicester, edge card, bradford and bingly......god know where else...grrrrrrr:mad:

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