DCA phoning my mum!

Boppy_2

Here goes, I had a contract with Orange that I couldn't pay, they somehow got hold of my mums number and constantly phoned her landline until she said politely but firmly that I didn't live there and she would pass one message on to me and that is all and to stop phoning, they promised her they would delete the number of the file and not call again which Orange didn't.

However this debt has now been passed on to Moorcroft DCA who have bombarded my mum with numerous phone calls which my stepdad has answered a couple of and told them i do not live there and they keep telling them to pass the message on that they can't be ignored and i must phone the number on the numerous letters they have sent blah blah.

Now i don't or wouldn't mind them bugging me afterall it is my debt but surely they can't bug my family over it, i mean its obvious i don't live there, its a York area code and my address is Leeds, hardly rocket science, has anyone any ideas what i can do to stop them harrassing my mum and stepdad?

gilligansyle

An expert may be along about this but I'm fairly certain that is unfair practice.

If you look on National Debtline website there is a factsheet which may help.


Note: sorry if I'm not meant to put this in.

"Putting pressure on debtors or third parties is considered to be oppressive."

This includes:
trying to embarrass you in public or threatening to tell a third party such as a neighbour or your family about your debts.

Ames

Depending how much they've said to your parents they could be breaking the Data Protection Act, someone more knowledgable will be along soon though.

thepinklady

Hi Boppy,

Can you write to the DCA and make them a payment offer? that way you can stick to your monthly payments and they won't need to call your parents chasing payment.

Viper_7

Who's address was your contract in?
Your own? or your parents?

If your own, and they have been harnessing your family, then aye they are being a tad naughty.

Boppy_2

milliemonster wrote: »

why don't you just pay what you owe then and they may stop harassing your parents?

Oh if only it was that easy :rolleyes:

Boppy_2

Thank you to everyone who offered advice, the contract originally was at my parents house but got changed a month after so for the past year it's been coming to my house if that makes sense.

I am sorting out my finances as we speak and will be sending off for CCA before making a payment plan which I will stick to to get rid of everything.

Thanks again, I will tell my family to put it bluntly that what they are doing is wrong.

redsquirrel80

It could be worth doing a letter along the lines of the standard one re only contacting you in writing (I can't find a template but someone on here will have one), but also pointing out that the number they've been calling is not yours and requesting that they stop calling it.

This might also give you some tips... http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

Merlot

Get your parents either to change there phone number or if they have a phone with caller display then for a small charge you could pay to have this put on for your parents, I think its about £3.00 per month.

edit: make sure that new number is ex directory, everyone with debt payment issues really should be ex directory and then these "swines" cannot get hold of you.

smashedbooboo

Hi hun, as far as i am aware the cca does not cover mobile phones. I will bump a thread called letter to DCAs. In the thread there is a letter to send them telling them to cease harassment. Copy and paste it and then put in your own details. That should stop the phone calls. And then i would make them an offer to pay what you can afford each month. But only what you can afford. Good luck hun

smashedbooboo

Letters regarding phone harassment:

LETTER 1:

YOUR ADDRESS

DATE

CREDITOR ADDRESS


Dear Sir,

With regard to the above account, I ask that all future communication with your organisation should be in writting to the above address, as previous phone conversations have caused my family undue distress,

Yours Sincerely,


LETTER 2:

YOUR ADDRESS

DATE

CREDITOR ADDRESS


Dear Sir,

Ref. XXXXX

Despite my letters regarding ANY communication from your company, in which I 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,