Telephone harassment - an action plan

[The GodMother]

Animal.

 

I did not really do more than a normal POC. I done something similar to this.

 

On XX XX 2008 Claimant started to recieve phone calls and texts messages to claimants Mobile number of XXXX from C1 regarding a disputed debt.

On XX XX 2008, same date, Claimant verbally requested they do not call her further as she will not communicate with them in any form other than writing.

Claimant continued to recieve calls and texts from XXXXX number and XXXX number that are owned by C1 and comfirmed by the C1 operative and by BT despite verbally asking for the calls to stop.

On XXX i sent C1 a telephone harrassement letter giving them 7 days to stop the calls. Rm have confirmed they recieved this letter on XXX.

On XX C1 started texting my Mobile asking that i make contact with them by telephone but the calls stopped.

On XXX C1 started to telephone me again. Despite reminding them they had recieved a telephone harrassement letter and re asking C1 to only communicate with me in writing C1 have denied recieving the letter and refused to stop the calls.

On XXXX i send a second reminder regarding the telephone harrassement and reminding them text messages were also included in the harrassement. I gave them a further 7 days.

On XXX i recieved further texts and on XXX i recieved another call from C1 and again advised them they had had 2 telephone harrassement letters and had been verbally asked to stop calling me. The C1 operative advised me that they were not familiar with English law as they were in India and she was sent a sheet of numbers to call she was sorry for the call and would make her manager aware.

2.5 hours later her English manager called me back and advised they DONT have to comply with telephone harrassement letters as they dont contain any real laws.

On XXX i sent C1 a LBA regarding the telephone harrassement and c1 signed for this letter on XXX. I gave them 7 days to comply.

On XXX i continued to recieve calls and texts from C1 and to this day they have continued to call me.

 

Asked for £300.00 plus other costs to be deturmind by the court.

 

Enclosed the letters and proffs of signature and posting with them and despite being issued with court papers they continued to call till i went psycho on the caller on a bus and trust me the whole bus got chapter and verse on telephone harrassement the cca and the law.

 

I was asked by the driver where i got my info

[AnimalMagic]

Enclosed the letters and proffs of signature and posting with them and despite being issued with court papers they continued to call till i went psycho on the caller on a bus and trust me the whole bus got chapter and verse on telephone harrassement the cca and the law.

 

I was asked by the driver where i got my info

 

Ha ha! It's probably not really funny, but that did make me laugh... Thanks for the POC info!

[The GodMother]

Oh it was funny as trust me after the 5th phone call in one hour it made me feel better and a plug for cag.

[willtheywontthey]

just an update... FOS Ombudsman has rule in my favour against C1s phone calls. Fined 250 from them to them... (ie my account)

[FlyboyAgain]

just an update... FOS Ombudsman has rule in my favour against C1s phone calls. Fined 250 from them to them... (ie my account)

 

 

Good news. Can you post a link to the ruling? This would be handy for me to quote.

[willtheywontthey]

Good news. Can you post a link to the ruling? This would be handy for me to quote.

 

 

will dig out the adjudicators ruling and final wordings.. actually they do not say much - nothing really hard hitting - more opinionated to be honest. More details somewhere in my threads from a while back. Will try to remember to find link.

[willtheywontthey]

OK here's Ombudsman's comments (the adjudicator also said some things before Capital One disagreed)..

 

'I have considered the available evidence and arguments from the outset, in order to decide what is fair and reasonable in the individual circumstances of this complaint.

 

Much has been said by both parties about the reasons for (ME)'s request for phone contact to be stopped, and why Capital one declined to do so. But the simple fact is that (ME) was entitled to make that request, and Capital One should reasonably have complied with it. Because it did not do so, I share the adjudicator's view that (Me!) is entitles to be compensated for the resultant distress and inconvenience. The adjudicator assessed appropriate compensation at #250 (# = pound sign!! as my keyboard is weird), and I agree with that. I also consider that this sum should be cerdited to (MINE)'s account, to reduce the outstanding debt.'

 

and that is it basically on the phone calls issue.

[diddydicky]

that is why i use my own version of the no phone calls letter- to give a VALID reason (other than the debt itself) why they should not call.

 

here it is if anyone wants to use it

 

Re Your Ref AccountXXXXXXXXXXXXx

 

I am anxious to resolve matters with regard to the above matter. You are not assisting in this respect by harassing me and causing unnecessary stress. .

 

Please stop making telephone calls to me. This includes my home and work landlines and/or my home or work mobile telephone numbers . It is very distressing , harassing and annoying to continually have to get up and monitor the telephone and filter out unwanted calls..

 

I Will not under any circumstances discuss this matter verbally over the telephone or in person.

 

Cognisant of the ever increasing threat of identity fraud and theft of personal financial information and data, it has been our family policy , for quite some time now, in dealing with all our bank , service and other financial providers that we never give personal security information or a part thereof to inbound telephone callers , nor do we discuss financial matters verbally.

 

The above policies also apply to personal uninvited callers to our home and for this reason I would also ask you to note that I would never agree at any time for you, your agents or representatives to call personally at my home nor would I ever discuss this matter with an uninvited personal caller, therefore please do not ask to make any such appointment. or use “threats” of personal calls to my home..

 

In light of the above it therefore follows , given that any further calls by telephone or personal uninvited call from you, your agents or representatives would never “get past” confirmation of identity nor would any “security “ information be disclosed , any further attempts by you to contact me in this way can only be seen (by a right thinking person) as an attempt to continue to cause further harassment and distress.

 

It may be the case that you were unaware of the reasons why I will not accept telephone calls and/or personal callers, however now that you are fully aware of the reasons , if you continue to ignore my request it will be at risk of formal complaints and possible legal proceedings and claims for damages.

 

 

 

 

- 2 -

 

 

It is also our family policy, in respect of dealings with bank , service providers and other financial providers to insist that ALL communications are in writing in order to avoid any dispute as to what may or may not have been said or done and to provide an audit trail of events. This can only be to our mutual benefit.

 

Whilst I appreciate that this is a very formal way of contact it does in fact allow the matter to be dealt with in a more efficient and businesslike manner..

 

I undertake to respond to written communication (excluding letters asking me to call you on the telephone or to make appointments or “threaten” personal calls to my home) normally within 7 days and certainly no longer than 14 days of receipt.

 

As a consequence of the foregoing you may therefore assume that any written communication from you which is not responded to by me within 14 days is likely to have not reached me and you may wish to re send the document- particularly if it is considered to be an important one.

 

May I also remind you that as holders of a licence to operate under the Consumer Credit Act it is your responsibility to be aware of and act within the rules of the CCA and OFT rules and guidelines and it is not for me to have to quote the legislation to you

 

 

I trust I have made my position clear and that we can now try to resolve this matter more amicably and efficiently .

 

 

Yours sincerely

[ODC]

That is an excellent letter and one which leaves them with no wriggle room. Doubtless though you will still get the cretins writing to you asking you to ring them to discuss your letter.

[diddydicky]

That is an excellent letter and one which leaves them with no wriggle room. Doubtless though you will still get the cretins writing to you asking you to ring them to discuss your letter.

 

if i didn't i would be "thrown"

 

luckily my trusty truecall will talk to them all day long

[diddydicky]

and when they DO ignore you this is what to do:-

 

To:-

 

 

MBNA Europe Bank Ltd

Royal Avenue

Widnes

WA88 1 AS

 

 

I N V O I C E

 

 

 

8 hours Saturday 20 June 2009 awaiting arrival of your representative from Global Vantedge (as per the received and recorded appointment card)

 

 

 

8 Hours at 15 pounds 120.00

 

 

 

Total 120.00

 

 

 

* your representative failed to arrive nor was there any contact from him.

 

 

Please pay within 28 days

[ODC]

and when they DO ignore you this is what to do:-

 

To:-

 

 

MBNA Europe Bank Ltd

Royal Avenue

Widnes

WA88 1 AS

 

 

I N V O I C E

 

 

 

8 hours Saturday 20 June 2009 awaiting arrival of your representative from Global Vantedge (as per the received and recorded appointment card)

 

 

 

8 Hours at 15 pounds 120.00

 

 

 

Total 120.00

 

 

 

* your representative failed to arrive nor was there any contact from him.

 

 

Please pay within 28 days

You do know I have to ask

 

 

 

 

Did they pay???

[mjc007.5]

Share ODCs question? Did they pay??

 

Seriously though your version of the telephone letter is excellent, getting loads of phone harrasment and will be firing this off in several directions by post and email today!

[AnimalMagic]

and when they DO ignore you this is what to do:-

 

To:-

 

 

MBNA Europe Bank Ltd

Royal Avenue

Widnes

WA88 1 AS

 

 

I N V O I C E

 

 

 

8 hours Saturday 20 June 2009 awaiting arrival of your representative from Global Vantedge (as per the received and recorded appointment card)

 

 

 

8 Hours at 15 pounds 120.00

 

 

 

Total 120.00

 

 

 

* your representative failed to arrive nor was there any contact from him.

 

 

Please pay within 28 days

 

Ha! Love it!

[diddydicky]

if you look at the date it is not even in the post yet!

[diddydicky]

oops sorry blanked the date out with my name and address

 

dated today

 

they made a DEFINATE appointment- said ring them if not convenient and i did not ring them

 

seems impolite gnot to be there given that the popor chap was coming all the way from india!

 

why should they be allowed to charge 12 for their time but not the debtor?

[diddydicky]

wooooooooaaaaaaaaaa there horsey

 

just realised i made a mistake

 

the card says he will call between 8am - 9pm

 

ive just re done the invoice 13 hours at 15 quid

 

thats better

[FlyboyAgain]

Update.

 

Beginning to wonder if I am barking into the wind on this. My brief passed all my info onto their criminal law fella...... who has done nothing with it all other than acknowledge read receipts. I got the impression he does not want to touch this, possibly for the simple fact that he feel no empathy with me on the subject. I have told him I will try elsehwere.

 

A criminal lawyer, truning down a case? Odd.

[FlyboyAgain]

and when they DO ignore you this is what to do:-

 

To:-

 

 

MBNA Europe Bank Ltd

Royal Avenue

Widnes

WA88 1 AS

 

 

I N V O I C E

 

 

 

8 hours Saturday 20 June 2009 awaiting arrival of your representative from Global Vantedge (as per the received and recorded appointment card)

 

 

 

8 Hours at 15 pounds 120.00

 

 

 

Total 120.00

 

 

 

* your representative failed to arrive nor was there any contact from him.

 

 

Please pay within 28 days

 

Now I like that!

 

Unfortuneately, my lot don't stipulate dates. Incidentally, I tried this with BT earlier this year, when I stayed in all day awaiting delivery of their wireless hub and B'band changeover. I was without email all day ( I am self employed) and hit them with my daily rate. They ignmored it for three months and finally called me to say that they wouldn't pay it cos I wasn't a 'business account'!!

 

Plebs.

[diddydicky]

Now I like that!

 

Unfortuneately, my lot don't stipulate dates. Incidentally, I tried this with BT earlier this year, when I stayed in all day awaiting delivery of their wireless hub and B'band changeover. I was without email all day ( I am self employed) and hit them with my daily rate. They ignmored it for three months and finally called me to say that they wouldn't pay it cos I wasn't a 'business account'!!

 

Plebs.

 

weak excuse no basis in law

[FredSaid]

I had this type of nonesense from the old favourite SBJ in Woking in Surrey. nI've passed all their details and ridiculous claim to the Trading Standards Officer and also sent a copy to the police. It's about time the law protected the people and not companies like this

[FlyboyAgain]

Trading Stadards and OFT notifed today. HAve now approached another law firm about it.

 

On a lighter note, I have recorded a fine selection of loud barnyard animal sounds and play them down the line to the DCA whenever I deign to answer the phone!

[AnimalMagic]

Trading Stadards and OFT notifed today. HAve now approached another law firm about it.

 

On a lighter note, I have recorded a fine selection of loud barnyard animal sounds and play them down the line to the DCA whenever I deign to answer the phone!

 

I think you should post your phone number so we can all have fun!

 

I wonder if you could do a modified truecall to answer with specific or random messages or sounds. A long fart for instance

[Smellen]

According to the consumer credit act if you have debt with a company and you have not met your contractual payment that month or have previous arrears they can call you as many times as they want so long as they only leave 2 answering machine messages. If they send you a letter they have to wait something like 2-3 working days after sending it to call again. But at the end of the day if someone owed me money personally I wouldn't stop calling until I had the money in my back pocket

[phatram]

According to the consumer credit act if you have debt with a company and you have not met your contractual payment that month or have previous arrears they can call you as many times as they want so long as they only leave 2 answering machine messages. If they send you a letter they have to wait something like 2-3 working days after sending it to call again. But at the end of the day if someone owed me money personally I wouldn't stop calling until I had the money in my back pocket

 

TROLL ALERT !!