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Could someone read this pls?
nanna58
Posts: 971 Forumite
Hi
I sent off a telephone harassment letter to bcard this is their reply
Dear xxxxx
I write in respnse to your letter dated 19 nov 2009 in regerence to your Barclaycard accounts.
I have reviewed your accounts inline to your query and as your accounts have become overdue for payment, therefore in these circumstances Bcard needs to contact you to arrange recovery of the amounts owed and to attempt
to help resolve your financial position.
Whilst your comments are noted i do not agree that bCaed is in breach of any legistlation or guidlines nor have we engaged in activity that can be considered to be harassment or criminal.
I appreciate this may be difficult time for you, therefore i have held the telephone calls on both of the acounts for a period of 28days during this period i would encourage you to speak to one of our agents who are trained to gather and understand information so that they can make decisions regarding your account,with the intention of helping you resolve any problems you may be exoperiencing.
Alternitavley you can contact the CAB or CCCS who will be able to offer options
Iam sorry this is not the outcome you wanted but i hope my explaination is helpfull.
{ will keep your complaint file open for 8weeks to give you time to consider your response.
They then go on to offer help with comtacting OFT.
Before this letter came i had already written for my statements to claim back charges and also to make a reduced payment offer both of which to date i have no reply.
Any comments would be welcome
Thanx and happy new year to you all
xxxxx
I sent off a telephone harassment letter to bcard this is their reply
Dear xxxxx
I write in respnse to your letter dated 19 nov 2009 in regerence to your Barclaycard accounts.
I have reviewed your accounts inline to your query and as your accounts have become overdue for payment, therefore in these circumstances Bcard needs to contact you to arrange recovery of the amounts owed and to attempt
to help resolve your financial position.
Whilst your comments are noted i do not agree that bCaed is in breach of any legistlation or guidlines nor have we engaged in activity that can be considered to be harassment or criminal.
I appreciate this may be difficult time for you, therefore i have held the telephone calls on both of the acounts for a period of 28days during this period i would encourage you to speak to one of our agents who are trained to gather and understand information so that they can make decisions regarding your account,with the intention of helping you resolve any problems you may be exoperiencing.
Alternitavley you can contact the CAB or CCCS who will be able to offer options
Iam sorry this is not the outcome you wanted but i hope my explaination is helpfull.
{ will keep your complaint file open for 8weeks to give you time to consider your response.
They then go on to offer help with comtacting OFT.
Before this letter came i had already written for my statements to claim back charges and also to make a reduced payment offer both of which to date i have no reply.
Any comments would be welcome
Thanx and happy new year to you all
xxxxx
form filler extrordinaire
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Comments
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Reply:
Dear <droid who ignores customer>
I acknowledge receipt of your letter of <date>. In my letter of <date> you were instructed only to contact me in writing and not to telephone. This instruction is permanent and your promise to hold back from making calls for 28 days only is inadequate.
You apologise for this not being the expected outcome. However you have no choice in the matter, other than to comply. Further, your explanation is not useful and your apologies are hollow. Your letter of <date> is proof that you you have received my letter of <date>. You are forthwith expected to comply with the instruction not to contact me by telephone.
This matter is now closed to further correspondence.
signed in block capitals
nanna58Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
You may wish to word in some of this aswell, you have a right to remove your phone number from their records
http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998
I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.
The processing and use of these numbers is causing significant distress.
Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.
This request supersedes any contactual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.
Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.
You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.
Yours faithfully
In addition as they are collecting a debt, OFT guidelines state they may not contact you by means you find unacceptable if you have already told them - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf2 UNFAIR BUSINESS PRACTICES
Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
g. ignoring or disregarding debtors' legitimate wishes in respect
of when and where to contact them, for example, shift workers who
ask not to be telephoned during certain times of the dayAlthough 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 deficiencies0 -
I think I would put my energy into finding a way to start paying the money back, or visit the CAB etc. Hope it works out for you.0
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milliemonster wrote: »Yes well maybe the OP could do this if the creditor stops harrassing her by telephone all day long
Agreed - but the letter from the bank says they will hold the calls on both accounts for 28 days so that OP can get help.....sounds quite reasonable to me.0 -
Agreed - but the letter from the bank says they will hold the calls on both accounts for 28 days so that OP can get help.....sounds quite reasonable to me.
I understand what you are saying and it's a valid point but, unfortunately it's not quite that simple. What they would then do is continue to call to 'see if the situation has improved' even after setting up new payment arrangements. They would then continue with these phone calls regularly and then coerce them into paying 'a few more pounds'. And it goes on and on and can be quite distressing.
I was actually chewing over this kind of subject with a friend of mine recently and we were saying that not everyone is aware that you can get them to stop and for those that aren't you can see why they throw in the towel so to speak and just stop paying. Not ideal I know but the stress can be unbearable.0 -
Doing everything in writing is also much safer as you have it in black and white, phone calls with some companies, especially about debts are dubious at best.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 deficiencies0 -
Mitty i am putting my energy into paying my debt and i have no intention of doing other wise.this is precisley why i need then to play ball for a while so that i can get back on track.
Thanx for your thoughts anyway.
DVS and DC good advise will do.form filler extrordinaire0
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