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  • RAS
    RAS Posts: 32,846 Forumite
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    Rabbit

    You need to send a letter telling all your creditors to stop telephoning you. It may take time to take effect but incorporate the contents of the first letter here into your CCCS DMP letter.

    If anyone rings at work, refuse to answer them and send formal complaints out. If they continue, make formal complaints to all three bodies. You are entitled to do this under the OFT Guidelines for debt collection. And send the second letter.

    Such is the nature of DFW that this is nicked from ray's post, which combines stuff from previous posts by fermi, pip and I! Anyway.
    So send this first letter registered post. If they make any further calls after it is signed for, then she needs to send the second letter and copy in the Information Commisioner, the OFT and the Trading Standards office nearest the debtor's office.

    No it is guaranteed to stop them but if you

    1.Point out it is your right under the OFT Guidelines.
    2. refuse to answer security questions.
    3.Advise them that you are recoding the call

    they will take the hint.


    Phone letters from fermi

    Something along the lines of:

    Quote:
    Dear Sir / Madam,

    Re accounts ref

    I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).

    To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

    Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

    This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

    Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

    Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

    HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

    I trust I have made myself understood on this matter.

    Yours,

    A list of good contacts to whom you can complain formally if they make a nuisance of themselves.

    Here are pipk62's list of websites for the organisations .

    These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

    Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

    The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
    (note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

    Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
    -Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

    Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

    the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

    Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm


    And then if you get any more calls:

    Quote:
    Dear Sir/Madam,

    Ref. 1234567890

    Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

    This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

    Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

    This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

    Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

    Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

    HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

    I trust that I have made myself understood on this matter,

    Yours faithfully,
    The person who has not made a mistake, has made nothing
  • Rabbit-in-headlights
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    thank you so much, Ras (and Ray, Fermi and Pip)! I will use these!:j :D

    RiH
    "Proud to be dealing with my debts" :doh:
    DMP Mutual Support Thread member 232:D
    LBM July 2008 53k:eek: DMP with CCCS - start Oct08 DFD Sep 2014 - or sooner!!;)
  • RAS
    RAS Posts: 32,846 Forumite
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    Just remember that breaches of the Data Protection Act (which is not removing your phone numbers from their system) are a big no-no, so the IO is more worrying to them than the OFT and the TS, although the former are getting tougher.
    The person who has not made a mistake, has made nothing
  • Rabbit-in-headlights
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    Thanks Ras, you're a superstar:D

    One thing I'm still not sure about, is what reason should I state for why I am requesting a DMP, I mean is just saying I'm rubbish with money enough, or do they want something more concrete? I don't have the excuse of a downfall in income and I can't blame the mortgage hike for all this mess, it's just helped bring everything to a head...:confused:

    anyone got any ideas??? please???
    "Proud to be dealing with my debts" :doh:
    DMP Mutual Support Thread member 232:D
    LBM July 2008 53k:eek: DMP with CCCS - start Oct08 DFD Sep 2014 - or sooner!!;)
  • rubydoiwannabee
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    Hi, just read your post and wanted to say hello, welcome and well done. Writing it down really is the scary bit (love the name by the way). As someone else as said as least you can afford a good monthly sum still to repay your debts, when you are settled and start seeing the figures coming down that will be the motivator.

    WELL DONE FOR HAVING YOUR LBM!!!

    As for the reason to put on your paperwork, to be honest I don't think it matters, why not put something like 'living beyond means', 'financial difficulties', 'overspending'. All of these are valid reasons and I doubt the reason will be given to much attention when it comes to setting up the plan.

    Best of luck, I will drop in often to read how you are doing, remember to post in the good times, the bad, for a rant, to celebrate or just to say hello.

    xxx:beer:
    The good you do comes back to you.
    DFW Long haul supporters No: 134
    ;)
  • Rabbit-in-headlights
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    thanks Ruby, I will do!:D :A
    "Proud to be dealing with my debts" :doh:
    DMP Mutual Support Thread member 232:D
    LBM July 2008 53k:eek: DMP with CCCS - start Oct08 DFD Sep 2014 - or sooner!!;)
  • msmicawber wrote: »
    Hi there. Since there's only you at the flat and you're not keen on getting a lodger in, it strikes me that your water rates are high for one person. Can you get a water meter instead? I suspect that would save you about £30-£35 per month. (My Mum lives on her own in a flat and pays £12 per month on a meter; I pay £15 for 3 of us.)


    Well, the water meter has just been installed, so here's to cheaper water bills from now on!!:beer: cheers, msmicawber!:T
    "Proud to be dealing with my debts" :doh:
    DMP Mutual Support Thread member 232:D
    LBM July 2008 53k:eek: DMP with CCCS - start Oct08 DFD Sep 2014 - or sooner!!;)
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