Help - Capital One

Well they are breaking several laws there already. If they call again ask the chap his name and say to him 'just to warn you I am recording this call and shall be making a complaint to Trading Standards and the Office of Fair Trading'. See how quickly he puts the phone down



Send this

There are a lot of different response letters for harassment by telephone floating around. This is just one example:

Harassment by telephone


Quote:

Company Name
Road
Town
City / County
Postcode


Dear Sirs,

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


(type don't sign)



Send it registered post.

Once they have signed for it, record every single instnace of a call, advise them that you are recording all calls and once you have a few calls from them make a formal complaint to the OFT.

Hi
What I did was I changed all my numbers including my Mobile, and any that do get thru' and its easy to find a persons number( if you pay for a phone bill you have a bank account you can be found Big Bro is very much alive) Ask for that persons name and line managers name , tell them the call is being recorded and that you intend to pass all this info to your solicitor, it works very well . Another trick I enjoy is when they ask you to go thru all the security checks is Answer them wrong you can hear the disappointment in their voice when they tell you that you have failed the security check and they cant talk to you any longer 'Gutted' and my favourite is to tell them that I am Jo Bloggs solicitor for John Smith my client may I have your details please ? the line usually goes dead at that point. Also don't hang up when they go as it ties their line up as long as you have yours open.
None of this solves the problem but it makes you feel a little better

whathappend wrote: »

Hi
What I did was I changed all my numbers including my Mobile, and any that do get thru' and its easy to find a persons number( if you pay for a phone bill you have a bank account you can be found Big Bro is very much alive) Ask for that persons name and line managers name , tell them the call is being recorded and that you intend to pass all this info to your solicitor, it works very well . Another trick I enjoy is when they ask you to go thru all the security checks is Answer them wrong you can hear the disappointment in their voice when they tell you that you have failed the security check and they cant talk to you any longer 'Gutted' and my favourite is to tell them that I am Jo Bloggs solicitor for John Smith my client may I have your details please ? the line usually goes dead at that point. Also don't hang up when they go as it ties their line up as long as you have yours open.
None of this solves the problem but it makes you feel a little better

Brilliant Whathappened. Didn't realise you still tied up their phone line if you did not hang up, interesting, I shall be pinching that little bit of info

Mustbedebtfree, if they phone after you know they have recieved the letter then make sure you quote this bit at them after you have got their name and their line managers name. Make sure you log the call and names and after several calls report them.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

You have a right to demand that all telephone numbers for you are removed from their system, including home/mobile ones.

CCCS_Emily wrote: »

Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

Your creditors do need to have contact details for you, but an address is all they need. If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.

So if they call agin on any number.................

FAO: 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.

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,