Telephone harassment - an action plan

[citizenB]

Has anyone here taken action against a Debt Collecting firm? Anyone taken civil action?

More importantly has anyone succeeded in getting criminal action taken?

 

I am annoyed. I firstly received a letter from a firm. I most clearly do not owe the money. I wrote to them telling them this with a short explanation of why they were wrong and I told them not to telephone me. I am now getting telephone calls!

They are supposedly a firm of solicitors

They have received my letter because of course I sent it recorded delivery.

 

 

My real concern about this matter is that this industry are doing a lot of harm . I am well educated, literate, eloquent and mentally stable A lot of people with debt problems aren't. I am sure they will have caused suicides by their threats. This lot of " honourable men" clearly don't seem to care whether I owe the money or not. There is ample evidence available to them that I do not, and it has been explained.

 

 

Harrison v Link is the most famous of a victim taking action.. Mr Harrison was being plagued with literally 1000,s of calls and he sought to take out an injuction against Link - they in turn counterclaimed against him for what they claimed was money owing to them on an MBNA account - MBNA were dragged into the fray.. and well, you can see for yourself what happened next

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?707-MBNA-and-Link-Financial-tortured-their-customer!

 

http://www.bbc.co.uk/news/business-13199797

 

and the judgment

 

Harrison v Link Financial Ltd ALL ER (2011).pdf

[The Governorvx]

What is the position on the automated phone calls that Halifax sometimes make? Do Halifax keep records of those phone calls on your account?

[citizenB]

What is the position on the automated phone calls that Halifax sometimes make? Do Halifax keep records of those phone calls on your account?

 

You should send a Subject Access Request - ensure you request a copy of the call logs or communication log which should identify/ record any calls made.

[wishboneash]

keep getting calls from a debt purchased by Buchanan Clark and wells , nothing on credit file ge capital time retail finance

[FlyboyAgain]

Do not speak to them! Once they get a handle on you, they won't let go! Write to them and ask what the debt in question is and ask them to refrain from calling you at home. Tell them if they continue to do so, you will report them to Trading Standards and to the police, citing harrasment.

[Old Cogger]

Write asking what the Alledged debt refers to. Also any communication in writing.

[Systemerror]

Just thought I should share this -

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?364593-Lloyds-bank-harassment-taking-them-to-court-for-damages.&highlight=lloyds+harassment

 

 

it applies to anyone who is being harassed by their bank etc - whether you are in debt or not. So far I have managed to stop the calls, get my bank to attempt to buy me off both before and during court action. If everyone does this, it will force the bank to change their methods:

[south-west]

Get at help from CCCS, Consumer Credit Counselling Service.

[wishboneash]

thanks getting calls all th time from a company called fire my work colleagues are picking the phone up as i work shift s

 

who are Fire ?

[Guest]

maybe Financial Investigations and Recoveries (Europe) Limited? ie part of apex credit

[wishboneash]

hi i work shifts my work mates arenow taking calls because i am off work 4 on 4 off shifts they are constant and have mentioned a debt to them i . found out its cahbot or some one like that t its a private desk number that they have got how they got that i dont know as it not be used for outside calls i work nights and phone goes off when asleep as well , they called this Saturday by my first name when i was in the office i put he phone down as was expecting a urgent call from a supplier about work that needed to done in our datacentre

[Old Cogger]

well until you find out who it is then what an you do about it? did you 1471 the cal land check who the number belongs to? until you do find out then a harassment letter also FSA Guidelines informing the actual people to desist calling you at work may be useless.

[wishboneash]

its Cabot and Fire debt recovery

[wishboneash]

no our work phone does not allow it 1471

[skookum]

The letter worked perfectly with EOS Solutions. So much they sent my account back to the creditor.

[Elfet01]

Not quite telephone harrassment. Just had email "Final Demand" from DCA. Has a signature and name can I threaten legal action. To my knowledge never given my email address on social media.

[Guest]

Not quite telephone harrassment. Just had email "Final Demand" from DCA. Has a signature and name can I threaten legal action. To my knowledge never given my email address on social media.

 

elfet, for further input maybe best start a separate thread on this, also giving more details?

[andrew1]

With my experience with cabot I should know these answers but, this is an old thread with some excellent info but perhaps I can tag my fairly easy question to this as many have contributed to it...

 

I have a few old fines from Inland Revenue which are being chased by a DCA. Now, I moved 9 months ago and didn't use Royal mail redirection (the source of rapid data sharing) and I didn't sign up for the electoral register either. The IR have my new address, but the DCA keep saying they write me letters but I never get any....sounds familiar.

 

I do get my mail as the lady who bought my house gives it to our old neighbor who brings it over, but it's scant now, but nothing from this DCA.

 

I did however, keep my old telephone number and the feckers keep phoning and I will not run through security details with anyone on the phone, let alone DCA's.

 

They call every day and continue despite me telling them to put whatever they want to say in writing and I just had one arrogant blighter telling me they can phone 3 times a day as I provided my telephone number to 'their client' and they are not distance selling.

 

I told him I will never run through security and that they are breaching Telecommunications Acts etc...(I'd forgotten the names of most of the defences, but he was clued (ish) up on these and insisted, despite my request to cease calling and put everything in writing that they will continue to phone....

 

So, if I write using these templates on here I will need to supply my new address (they could get it from their client if only they'd ask), but I do not wish to inform a DCA and why should I?

 

Is this creep correct in what he says or is there any ammo I can fire at them the next time they call?

 

I'll deal with the Revenue when I'm good and ready and I'm not dodging paying, just sorting out a few old tax issues first...

 

Cheers

 

A1

[Old Cogger]

With my experience with cabot I should know these answers but, this is an old thread with some excellent info but perhaps I can tag my fairly easy question to this as many have contributed to it...

 

I have a few old fines from Inland Revenue which are being chased by a DCA. Now, I moved 9 months ago and didn't use Royal mail redirection (the source of rapid data sharing) and I didn't sign up for the electoral register either. The IR have my new address, but the DCA keep saying they write me letters but I never get any....sounds familiar.

 

I do get my mail as the lady who bought my house gives it to our old neighbor who brings it over, but it's scant now, but nothing from this DCA.

 

I did however, keep my old telephone number and the feckers keep phoning and I will not run through security details with anyone on the phone, let alone DCA's.

 

They call every day and continue despite me telling them to put whatever they want to say in writing and I just had one arrogant blighter telling me they can phone 3 times a day as I provided my telephone number to 'their client' and they are not distance selling.

 

I told him I will never run through security and that they are breaching Telecommunications Acts etc...(I'd forgotten the names of most of the defences, but he was clued (ish) up on these and insisted, despite my request to cease calling and put everything in writing that they will continue to phone....

 

So, if I write using these templates on here I will need to supply my new address (they could get it from their client if only they'd ask), but I do not wish to inform a DCA and why should I?

 

Is this creep correct in what he says or is there any ammo I can fire at them the next time they call?

 

I'll deal with the Revenue when I'm good and ready and I'm not dodging paying, just sorting out a few old tax issues first...

 

Cheers

 

A1

 

 

Bring to their attention this case:-

 

Neutral Citation Number: [2013] EWCA Civ 882

Case no: B2/2012/2732(A); B2/2012/2733

 

Neutral Citation Number: [2013] EWCA Civ 882

Case no: B2/2012/2732(A); B2/2012/2733

 

Roberts v Bank of Scotland

[andrew1]

Bring to their attention this case:-

 

Neutral Citation Number: [2013] EWCA Civ 882

Case no: B2/2012/2732(A); B2/2012/2733

 

Neutral Citation Number: [2013] EWCA Civ 882

Case no: B2/2012/2732(A); B2/2012/2733

 

Roberts v Bank of Scotland

 

Thank you kind sir, I'll go take a read......

 

A1

[citizenB]

All in this letter here, Andrew..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone&p=4317586&viewfull=1#post4317586

 

post # 3 if the link doesn't take you directly Of course you could also add that a Senior Judge in the Harrison v Link judgment felt that telephone harassment was quite despicable ?

 

 

 

Improper conduct

 

The judge was scathing about the non-traceable phone calls which both MBNA and Link Financial - who bought the debt in 2008 - had used to try to recover the debt.

 

"It seems to me that such conduct has no proper function in the recovery of consumer debt," Mr Justice Chambers said.

 

"[There] can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the claimant's life so difficult that he would come to heel.

 

"I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should be countenanced," he added.

 

http://www.bbc.co.uk/news/business-12622318

[andrew1]

ho,ho, thank you - just what I needed, the only thing is I don't want to give them my address - not because the OC hasn't got it already, but the DCA doesn't seem to so what I've done is printed this out along with the Section 10 DPA notice and I'll read it to them when they call - given the calls are recorded I can date and time it...

 

Lubbly Jubbly..thank you.

[citizenB]

ho,ho, thank you - just what I needed, the only thing is I don't want to give them my address - not because the OC hasn't got it already, but the DCA doesn't seem to so what I've done is printed this out along with the Section 10 DPA notice and I'll read it to them when they call - given the calls are recorded I can date and time it...

 

Lubbly Jubbly..thank you.

 

Yep, I see no reason why you cant read it to them.. it will save them having to get help with the big words

[Bazooka Boo]

Having some fun with the Co-op bank and Cr@pital one currently.

Both of which are doing the usual telephone harassment sketch (So 80's!!)

 

Now Truecall is doing a Stirling job in telling them that their calls are not wanted and not to call again, however will ring another three of four times that day just to see if I will accept their call.

 

Sometime this week, I will be sending them copies of all their calls with the harassment letter, but with a slight twist. I'm going to send them my bill of costs, which will be for the 50 or so previous calls they have made, which will be payable should they continue to make harassment calls.

 

Now what realistic figure would you suggest to bill them?

Is £5 in the correct ball park? Per call, considering one has made 58 previous calls the other 54?

[The GodMother]

BB that £5 per call the your tme at the LIP rate of £9.25 a hour. so shall we say £15 per phone call?