Bank Harrassing By Phone

CCCS_Emily · 5 December 2007 at 1:29PM

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.

Harassment, unfortunately, is subjective, and there are only really guidelines, so I think you need to approach this from a DPA angle. But do keep a log of the calls they make in the meantime to give more sway to your complaint if you need to make it. You could also get call barring from your telephone provider to stop the anonymous calls, if they provide that service for free.

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.

Creditors are not obliged to deal with us, as a DMP is not legally binding, but they are obliged to take the payment if it is sent to them, by whoever sends it to them.

Hope that helps. Let us know how you get on.

Tootsie_Roll · 5 December 2007 at 2:13PM

AGB863 wrote: »

Tootsie_Roll wrote: »

I'm surprised that as a debt counsellor you are incorrectly quoting the OFT guidelines.

quote]

I have not incorrectly quoted the guidelines - and I can confirm that I have used this part of the guidelines on numerous occasions as a request for contact to be made only in writing and that both lenders and DCA's have confirmed in writing that the request will be adhered to.

Just because you have quoted that part of the guidelines and it worked still doesn't mean you are using them in the correct way. See the above post from the CCCS poster to see why.

Both of the quoted cases were this year so well after my involvement and neither were actually prosectuted.

I will investigate the DPA rule as I still do not think that would apply - you can't give your permission at the time of application then withdraw it when the mood suits you.

Penny-Pincher!! · 5 December 2007 at 2:35PM

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.

Hi

Do you have a template for this? My sister is having a number of calls daily from BC.

Thanks

PP
xx

debtman2007 · 5 December 2007 at 2:50PM

Sorry,what does 'HBOS' mean. I'm getting quite a few phonecalls now

m.colak · 5 December 2007 at 3:07PM

debtman2007 wrote: »

Sorry,what does 'HBOS' mean. I'm getting quite a few phonecalls now

Halifax Bank of Scotland Group Mate. Partners include Halifax, Bank of Scotland, Birmingham Midshires to name a few.

AGB863 · 5 December 2007 at 3:41PM

They are also the bank behind "Sainsburys Bank"!

rog2 · 5 December 2007 at 4:07PM

AGB863 wrote: »

Tootsie_Roll wrote: »

I'm surprised that as a debt counsellor you are incorrectly quoting the OFT guidelines.

quote]

I have not incorrectly quoted the guidelines - and I can confirm that I have used this part of the guidelines on numerous occasions as a request for contact to be made only in writing and that both lenders and DCA's have confirmed in writing that the request will be adhered to.

I agree that both you and nottoolate have quoted the OFT Debt Collection Guidelines correctly - this was the only reason that I had not posted on this thread.
Whilst all 'guidelines' can be viewed 'subjectively' this does not mean that the only 'correct' interpretation of them is that of the debt collection industry who are well known for twisting words to suit their position.
Given that there is an element of 'interpretation' in the application of any guidelines, then the debt collection industry should also accept that the 'alleged debtor' has a right to his/her interpretation of those guidelines, and the degree of flexibility that they are 'telling us' to expect, should be reciprocated.
Whilst the word is, probably, not in their vocabulary they should 'respect' the 'debtors' wishes, and rights, regarding telephone calls.
The use of 'automated diallers' is absolutely no excuse. All technology that they use should be kept fully updated.

CCCS_Emily · 5 December 2007 at 4:30PM

I will investigate the DPA rule as I still do not think that would apply - you can't give your permission at the time of application then withdraw it when the mood suits you.

Basically you are asking the creditor to stop using your telephone number because they are abusing the information by using it to harass you. A telephone number is not essential information for the contract with the creditor to continue and you are withdrawing your consent for them to use it.

The links below are a good guide for how to go about putting together a letter to the creditor requesting they stop calling. You can mention the OFT guideline as they are relevant, as Rog_2 says the interpretation of these guidelines buy the person receiving the calls is equally as valid. So, if the calls are interpreted as harassment this is good enough reason to request that the calls are stopped and the telephone number is either removed or stopped being used.

http://www.ico.gov.uk/Home/what_we_cover/data_protection/your_rights/preventing_processing_of_information.aspx

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/how_can_i_stop_them_processing_my_personal_information.pdf

lucy7509 · 5 December 2007 at 5:07PM

Notify all creditors that correspondence must be in writing, due to your circumstances you are unable to be reached by phone and than
just change your phone number, and have it unlisted. Give it out to only those that need it. Or if you don't want to do that, unplug your phone!

I use to get phone calls from MBNA 2/3 times a day, and the saddest part of all is that I have settled the card! I owe them nothing. I finally told them if they rang me again I would charge them with harrassment!

Good Luck and Merry Christmas

Lucy7509

beccabooboo · 5 December 2007 at 8:22PM

Hi everyone,

Thanks so much for all of your responses. It really is a great support on here.

Today, hubby had a call from Sainsburys bank, they have really scared him, they told him that initially interest was frozen 'in error' and that the account is now not on the DMP!! they then asked him if he had savings to make payment, or if he had a partner or anyone he could borrow from to pay them!!!!!! They said they HAVE to get their money!! then they said they will hold the account for 1 week and then will possibly sell the debt!!!

I have reassured him, and have spoken to CCCS who are going to send me an info pack about harrassment, but in the meantime I am going to write to both of these creditors myself, using some og the info on here.

Will keep you all updated, and massive thanks to you all once again!!

Bec xx

Bank Harrassing By Phone

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