Welcome Finance Harrassment

BBB · 30 November 2009 at 5:30PM

I've got a loan with them that I stupidly took out at a rate of nearly 45%, my own fault I know. I've had this loan since May 2006 and have been paying it off at £155.82 per month. I've missed 3 payments which again is my own fault. I've paid this months payment on a debit card because I didn't have enough money in the bank and cancelled the DD because I knew it would bounce. I then had a visit from them which was humiliating as they threatened me with an attachment of earnings saying "it would be embarrassing for your work to know", I had £40 in cash which I gave to the guy and told him that I'd make the rest of the payment the Thursday after, Monday I had 3 calls from them asking for payment, I made the payment Tuesday night on my housemates card and thought that was that, the payment was declined on THEIR automated service but for some reason the payment was still taken from my card.

I rang them Wednesday morning, explained the situation to the manager of the branch and said I would make 2 payments in December to clear some of the arrears, I told him that because I work in an office I can't just answer my mobile phone and when I had an update I'd ring him. I faxed proof that the payment had indeed been taken but they will not leave me alone, I've had 4 missed calls and 2 answer phone messages today threatening serious consequences.

I've told them that until this payment bounces back on the card that I can't make the payment as I've got sod all money until payday which is the 15th December.

How can I get them to leave me alone, this is really upsetting. I only took the loan with them because I couldn't get anything anywhere else due to my credit rating.

Thanks.

RAS · 30 November 2009 at 5:48PM

Hi

This is completely unacceptable behaviour.

Start by posting this out, registered post so that you can prove they recieved it. And then read this thread http://forums.moneysavingexpert.com/showthread.html?t=2111667.

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

Harassment by telephone

Quote:

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.

Account Number: XXXXXXX

Dear Sirs,

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 under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

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)
Removal of numbers under Data Protection.

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

See this post from CCCS:

Quote:
Originally Posted by CCCS_Emily

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 you may wish to add something like this to your letter:

Quote:
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.

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,

GeorgeUK · 30 November 2009 at 5:53PM

Was this a consolidation loan from other debts?

Have you tried a credit union to see if you can get a more reasonable APR?
Is there PPI on this loan? Was it missold?

There are template letters you can write to stop the calls so that they only deal with you in writing.
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

DarkConvict · 30 November 2009 at 6:17PM

"it would be embarrassing for your work to know"

Clear breach of OFT guidelines,

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
i. disclosing or threatening to disclose debt details to third parties unless
legally entitled to do so

I would raise a formal complaint with the company with addition pointing out there is currently an investigation into organisations that ignore these guidelines set out by the OFT, and if you are not satisfied by the response, direct your complaint to OFT.

BBB · 30 November 2009 at 6:57PM

wow. Thank you. I'm going to email those letters to me at work and print them off tomorrow.

BBB · 30 November 2009 at 7:04PM

GeorgeUK wrote: »

Was this a consolidation loan from other debts?

Have you tried a credit union to see if you can get a more reasonable APR?
Is there PPI on this loan? Was it missold?

There are template letters you can write to stop the calls so that they only deal with you in writing.
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

credit union? I have a adverse credit rating so doubt they would accept me, I shall however pursue this.

Also. I have a statement that says every month

CAPITALISATION - £94.20 (this amount has varied from the above to £101.01) is this the interest?

Thanks for all your help.

Ames · 30 November 2009 at 7:10PM

Credit unions are there for those with adverse credit ratings, they're great, I love mine!

BBB · 30 November 2009 at 7:16PM

Looking at the website it says

Example: If you save £30 per month, after three* months you may apply for a loan up to £450. You will have to repay this at £39.98 per month plus the minimum saving of £5 per month, a total of £44.98 per month for twelve months.

So I'd have to put in a fair bit to borrow the £3000 needed to get rid of these vile people.

BBB · 30 November 2009 at 7:19PM

In regards to the letter, would I address that to the branch or to their head office?

GeorgeUK · 30 November 2009 at 9:01PM

For the credit unions, it varies for each one.
Some require you to be a customer for a few weeks or months - others don't.

I don't think you have anything to lose right now by trying though.

BBB · 30 November 2009 at 11:53PM

GeorgeUK wrote: »

Was this a consolidation loan from other debts?

Have you tried a credit union to see if you can get a more reasonable APR?
Is there PPI on this loan? Was it missold?

There are template letters you can write to stop the calls so that they only deal with you in writing.
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

I'm going to email the credit union in the morning. I've wrote both letters and email them to myself at work so I can print them and send them tomorrow.

I did have PPI yeah, will be looking to get that reclaimed too.

Thank you :A

Welcome Finance Harrassment

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