Cougar financial services (capital one account)

CFS have refused my offer of payment, as it is insufficient, they have asked for more than four times the amount I have offered. I have just received notification from the last of my creditors saying they accept my offer of repayment. Three have accepted, two have not (roughly 85% of the amount of debt have accepted the offer). Cougar Financial Services have continued to call me asking for me to pay what they will accept.

I have been silly, and while waiting to hear from my other creditors to see if they will accept or not, I have ignored the calls from CFS as I am writing to them stating my offer again, but needed to know whether my other creditors have accepted my offer. My neighbour has knocked today with a letter from them addressed to her house (even though they called my house this morning). She said she has been getting phone calls from a financial services company looking for me even though she has told them I don't live there the calls have continued. The letter says they have traced my new address, I don't have a new address.

How are they allowed to ring my neighbour (completely different first name surname to me). How can they say a trace has put me as living there, I have never lived there.

My neighbour now knows I am having financial difficulties and I think they have done this to harass me. Is it okay for them to harass my neighbours? I have told them I don't want to speak to them on the phone, but they have ignored this, and now that I am not taking their calls they are calling my next door neighbour? This seems totally against data protection to me? Or are they allowed to do this?

Comments

  • Deep_In_Debt
    Deep_In_Debt Posts: 8,579
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    No, they shouldn't be calling your neighbour, that is very bad of them. I'd send a letter to Trading Standards and write to CFS complaints department.

    Only pay them what you can afford and not what they want. They will huff and puff about it...let them, there is little they can do. If it was to go to court (unlikely), the courts will see that you are paying what you can afford and likely to rule in your favour and CFS know this.
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • DarkConvict
    DarkConvict Posts: 6,338
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    No they are not allowed to contact your neighbour and its a know pressure tactic. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    j. acting in a way likely to be publicly embarrassing to the debtor either
    deliberately or through lack of care, for example, by not putting
    correspondence in a sealed envelope and putting it through a letterbox,
    thereby running the risk that it could be read by third parties.

    I would get in touch with the OFT to inform them about it, and potentially even the ICO for breach of data protection by releasing your details intentionally or by lack of care to your neighbour.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Sorry new to the site and thought if I pressed Thanks, I could add in my reply.

    Thanks so much for the information I will write to CFS informing them of this breach and may contact OFT and ICO (who are ICO sorry).

    As you can imagine I am a little scared to do anything that may upset them at the moment I am so stressed with all these debt problems.

    The information was really useful, just wish my neighbour didn't know I am in financial difficulties so embarrassing as well as everything else.
  • Deep_In_Debt
    Deep_In_Debt Posts: 8,579
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    ICO - Information Commissoners Office (I think)

    Worth checking out the National Debtline website - some useful information and good template letters.
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • Deep_In_Debt
    Deep_In_Debt Posts: 8,579
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    I wouldn't worry about upsetting them...they've upset you enough so you need to let them know they can't mess with you.

    What they did was appalling and they should be made aware.

    I felt the same as you when I started my debt journey in Jan 2008 but soon got to know their tactics and played them at their own game. I've not had a call from a DCA or creditor since Oct 2008 as they know they can't bully or threaten me any more so there is no point in them calling. I get the odd letter from them which just gets ignored as they are getting all I can afford.
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • Thanks,
    I'm still at the really scary stage, but it's good to hear there may be light at the end of the tunnel
  • Hannah_10
    Hannah_10 Posts: 1,774 Forumite
    Right first off ignoring thier calls was not silly of you. The golden rule when dealing with creditors is "everything in writing".

    They can't contact ANYONE about your debt and are so far outside of the rules now I doubt it's worth even sending a search party. The way they are behaving is shocking and disgusting and you are well within your rights to throw the book at them!

    I seriously hope you do contact the Information Commisioners Office and the Office of Fair Trading because this lot are an absolute disgrace, even by the astonishingly low standards I have come to expect of any DCA (debt collection agency).
    I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
    (Ok, one of them is powerless, spiders can be nasty.)


    As of the last count I have cleared
    [STRIKE]23.16%[/STRIKE] 22.49% of my debt. :(
  • barbiedoll
    barbiedoll Posts: 5,326
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    You should write, telling them (not asking!) how much you will be paying each month and ask for their bank details so that you can set up a standing order. Enclose a postal order for the first amount and tell them what date you will be paying each month. Ignore any letters/calls demanding higher payments and make sure that you pay them on time every month.
    It may be worth stating in the letter that you have been distressed by the clear breach of Data Protection and by the fact that your neighbour knows about your financial situation and that she has been harassed by telephone calls. State that you are pursuing a complaint to the Trading Standards and are looking into reporting them to the ICO. I think you'll find that they will accept your offer. ;)
    "I may be many things but not being indiscreet isn't one of them"
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