Creditors calling at work

searchingforlight

Hi, I have posted my situation up here back in September so won't repeat it again, other than to say we have now had our session with the CCCS and have a DMP that should be in place from December, meantime making token payments to all creditors.

The biggest problem seems to be that they have started to call my husband at his work place which is getting really awkward. We cancelled our land line at home to both save money and stop getting calls there, but a lot of them seem to have tracked his work number down (not difficult as they know where he works - harder to track me as I'm self-employed and they don't have my mobile number). We wrote asking them to please communicate with us by written correspondence only but they are very persistent and it won't be long before his employer starts to ask questions and it's not fair on the reception staff who answer the phone.

Is there anything-else we can do about this apart from pleading with them not to call? I'm not sure what our 'rights' are here. We're doing everything we can to sort out our situation (we've taken part time work as well as working full time and the house is on the market) but as CCCS said we can't pay them what we don't have and we just have to hope they won't all (17 of them) take us down the CCJ route. It's all feeling a bit too much at the moment and I guess I know from writing and reading here it was going to be a bumpy ride, but any advice would be of help. Thanks.

itsarichmansworld

I'm sure I've read on here that this is illegal if you have contacted them to tell them so

try nationaldebtline.co.uk they should be able to clarify
xx

file_wizzard

itsarichmansworld wrote:

I'm sure I've read on here that this is illegal if you have contacted them to tell them so

try nationaldebtline.co.uk they should be able to clarify
xx

Indeed it is, can be interpreted to be in breach of the protection from harassment act.

You need to write to them and formally request that all further contact is directed to you via postal communication only, as long as you acknowledge any communication that they send via this method then they have no grounds to contact you by telephone either at work, or at home.

System

Searchingforlight - you may find this post, which crossleydd42 kindly made in "my" little thread, to be useful:-

http://forums.moneysavingexpert.com/showpost.html?p=1006418&postcount=11

Dave

leela_2

My other half has just rang me to tell me he has been rang at work by one of our creditors and he was extremely embarassed in front of all his work colleagues.They are denying all knowledge of our letters ,so they all got lost in the post did they?! They will be getting a letter first thing stating all correspondence is to be in writing in future.

file_wizzard

leela wrote:

My other half has just rang me to tell me he has been rang at work by one of our creditors and he was extremely embarassed in front of all his work colleagues.They are denying all knowledge of our letters ,so they all got lost in the post did they?! They will be getting a letter first thing stating all correspondence is to be in writing in future.

Remember to send it recorded, no arguments then !

Xbigman

If you have told them to only contact you in writing already then complain to the office of fair trading and they will sort it out.
Regards




X

searchingforlight

Thanks for the responses. I sent all the letters to them recorded delivery so at least know they reached their destination! It helps to know what our rights are - it sometimes feels like we are being told we have no rights because of the debt we are in and that feels pretty awful. Thanks again.

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Found this on another site.

OFT to review compliance with its debt collection guidance

154/05 10 August 2005

A review to find out how the OFT's guidance to debt collectors has changed behaviour in the sector has been launched by the OFT.

The OFT's guidance on debt collection, issued in July 2003, sets out minimum standards for debt collection by those holding consumer credit licences. It describes unfair business practices which will call into question fitness to retain or be awarded a consumer credit licence (see note 1). Applicants and licence holders are expected to abide by this guidance.

Since July 2003 the OFT has monitored compliance on a case by case basis, primarily on a reactive basis and responded to complaints, taking action as appropriate, including giving warnings or removing licences (see notes 2-4). The compliance review seeks to probe in more depth compliance levels across the industry.

The most common breaches of the guidance seen by OFT are:

* pressurising debtors to pay in full, in large instalments or increasing payments when the debtor cannot meet the demand
* refusing to deal with appointed or authorised third parties such as CABx, independent advice centres or money advisors
* failing to investigate and/or provide details as appropriate when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued
* disclosing or threatening to disclose debt details to third parties without being legally entitled to do so.

As part of the compliance review the OFT will issue a questionnaire to current licence holders involved in debt collection including creditors, Trading Standards and free/independent advice agencies. The OFT will write to previously consulted bodies, key stakeholders and other interested parties, inviting comments and opinions on compliance with the guidance and how it is used in practice.

There will also be a form available for consumers who wish to make a complaint against a licence holder or applicant. Click the blue to download the form.

Documents can be downloaded from the Adviser resources area.

Penny Boys, OFT Executive Director, says:

'Our guidance sets out practices we view as unfair and relevant to fitness of those holding consumer credit licences. We have some evidence of non- compliance and also examples of changes in behaviour as a result of the guidance. This review will give us a clearer picture of compliance levels across the industry. The compliance review will also raise awareness of the guidance amongst those in debt, who are some of the most vulnerable consumers. If they are experiencing unfair treatment we want to know so that we can tackle that unfair conduct.'

A report on this review will be published in Spring 2006.

NOTES

1. Unfair business practices outlined in the guidance include; communication with consumers in a misleading or deceitful manner; behaving in a threatening manner towards debtors and levying of unfair charges.

2. In 2003 there were approximately 270 debt collection businesses, of which 130 were members of the Credit Services Association (CSA) and it had £3 billion referred to its members for collection. In 2005 there were approximately 500 debt collection businesses, of which 200 were members of the CSA and it had £5 billion referred to its members for collection. These figures relate to business as well as consumer debt.

3. The OFT can refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT must, when determining whether or not a trader is fit to hold a licence to carry on a business covered by the Act, consider evidence that the trader has engaged in business practices appearing to be deceitful or oppressive or otherwise unfair or improper (whether unlawful or not). Decisions to revoke or refuse a consumer credit licence are made by an adjudicating officer for and on behalf of the OFT. Before a licence is refused/revoked the adjudicating officer issues a 'minded to refuse' or 'minded to revoke' notice to the trader. This is a formal notice letting the trader know that the OFT is minded to refuse to grant a licence or to revoke an existing licence. It sets out the reasons for the proposed action and the supporting evidence. The trader is then given the opportunity to make representations before a final determination is made. In the event that the determination is adverse, the trader has the right to appeal against the determination to the Secretary of State for Trade and Industry.

4. The OFT has sent out 79 advisory/warning letters regarding breach of guidance since July 2003. It has sent out 102 advisory/warning letters to traders engaged in debt collection since July 2003. Debt collection has accounted for 18.5 per cent of informal actions in the period.

5. The OFT has undertaken 12 formal actions to refuse or revoke credit licences held by debt collectors since 2003.

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Here is the link to the site http://www.oft.gov.uk/Adviser/News/debt.htm