stopping calls

bubblegumm

Hi everyone,

I've been BR for a month n a half, OR has notified everyone, I've notified everyone and yet HSBC are still ringing about 25 times a day despite each time being told of the BR number.

I can't cope with it anymore.. I've told them if they ring again I will report them for harassment but in reality, who do I report them to and how do I stop it?

I know it sounds extreme to say I can't cope with it but believe me, 25+ calls a day drives you crazy and screening calls does nothing, it just makes them call more.

Asking the OR does nothing as I already have and they don't really offer any advice, they just say they've already notified the creditor. :mad:

Any help would be great please, thanks.

skylight

Didn't want to read and run.

There is legislation that should prevent this - it is illegal to harrass a BR for payment (that was included in BR). Fermi is the font of knowledge on this one and I know he has posted about this before. Will scout around a bit and post a link back here unless he gets there first in the meantime!

Anyway, just a spot of support here.. HSBC=TITS

ClaireLR

Awww bubblegumm

I had this for ages from Lloyds TSB after BR, they drive me nuts but even they werent ringing as much as HSBC!!

There is legislation to prevent this FERMI WHERE ARE YOU??

In the meantime don't get involved in a row with them, just hang up they've no right contacting you anyway (and it always feels good to hang up on the bloodsucking leeches). Bitter, moi????............

RAS

He was signed off a few miinutes ago, but her is rays post nicked from fermi, incorporating bits of other posts -

You need to send a letter telling all the creditors to stop telephoning you. It may take time to take effect, but if it will work.

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 do not acknowledge any debt to your company.

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,

skylight

Can't find anything - Fermi has soooooo many posts (which is a good thing!) I can't trawl through the lot!

I am sure that its something to do with the Office of Fair Trading but that website is a minefield. There is something - they are definately not allowed to contact you after BR it is illegal to harass. Just need to find it!

fermi

I have the same problem looking back through posts.

This is just a quick cut and paste job, so isn't perfect, but it may do the trick.

Your Address

Date:

Creditor's Name
Address.

NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.

Dear Sir/Madam

Account No: *****************

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

I would point out that the account was included in my bankruptcy which commenced on <date>.

Consequently, the debt in question is no longer my legal responsibility.

ALL contacts and claims regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

My case was XXX of 200X, at <somewhere> County Court, and the address of the Official Receiver is below.

<Address of the OR.>

A copy of the bankruptcy order is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation.

Please also note that we are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

In addition, your continued 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.

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 will be 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.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



A N Other

pepsicharlie

I had this when i went bankrupt.In the end i told them that i was the new owner of the house and had no idea were MRSxxxxx had moved to.
They soon stopped calling

excel1

send this to the OFT

Your address
Date

Dear Sir/Madam

Consumer Protection from Unfair Trading Regulations 2008 (CPUT)

Formal complaint against HSBC for harassment

I am writing to complain under the above CPUT regulations. I am receiving persistent telephone calls from HSBC in respect of a purported debt.

I have also received correspondence from them on the same matter.

I have written to the HSBC and requested them to stop telephoning me as the calls are made at non-social hours and I am spoken to in a way which I find distressing and impolite. Despite this, the calls continue. I have logged the calls which I have received together with verbatim notes of the conversations which I have had. I enclose a copy of my log with this complaint. I am also enclosing a copy of the letter which I have sent to them asking them to stop telephoning me.

The situation has become so serious that I now avoid answering the telephone at all and this is interfering with my normal everyday life.


I notice that the HSBC seem more prepared to carry out a campaign of harassment rather than to acknowlodge the Bankruptcy order made against me.


I consider that HSBC are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.


I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.


Yours faithfully



sign the letter

Adapted but still fine.

And log all calls times and dates, with the help of people here you could take them to court for harrassment.

k2nga

i think unless you are prepared to go all the way with the letters you might be better off just making one call to BT and changing your phone number.

DaveBrum_2

....or there's this.....

The text below has been taken from Guidelines issued by The Office Of Fair Trading and is intended to give guidance on what debt collection activities may be considered as harassment or unfair and should therefore be avoided by creditors.

You should clearly understand however, that if you do not repay the amounts that you owe to your creditors, they are allowed to keep reminding you from time to time - but they must not act unfairly or illegally.

Many activities undertaken by your creditors may appear to be harassment but they are entitled to take reasonable steps to recover a debt owed to them.

Creditors are advised by the Office Of Fair Trading that the following practices (for example) are considered to be unfair: -

· Use documents that resemble a court summons or other official papers

· Falsely represent a court or any other official

· Claim, mislead or coerce payment of collection costs (unless the contract provides for them)

· Use oppressive or intrusive collections procedures

· Act in a manner in public intended to embarrass

· Fail to act with discretion when attempting to make contact in person or by telephone

· Attempting to make contact at unreasonable times and intervals

· Making frequent demands for payment which are calculated to cause alarm, distress or humiliation

· Disclose the indebtedness to third parties especially neighbours, relatives or employers

· Applying pressure to sell property or raise funds by further borrowing

· Falsely claim that criminal proceedings can be brought for non-payment

· Falsely imply that they may legally seize property or take other action without going to court

· Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone

· Leave messages that contact should be made with someone urgently without an explanation

· Use insufficiently addressed postcards or other correspondence

· Falsely claim a right of entry

Other unfair practises may well constitute harassment

HOW TO DEAL WITH HARASSMENT BY YOUR CREDITORS

The first step is to write to the creditor that you believe is acting unfairly and outline your concerns regarding their behaviour.

You should inform them that you are familiar with the Debt Collection Guidance issued by the Office of Fair Trading and in particular with Section 40 (1) of the Administration of Justice Act 1970 and ask that the creditor take steps to avoid similar occurrences in the future.

You should also make suggestions as to how you would prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.

However, If you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your Local Authority’s Trading Standards Department.

If Trading Standards will not act, you should clearly understand, and accept, why this is. If you do not accept their explanation, you may contact the Office of Fair Trading direct.

Hope this helps!!!