Harrassment or not?

IN_LIKE_EVERYONE_ELSE!

“Message for ********, It’s ****** from ****** Finance, we require a call by 4pm on Monday otherwise we will come banging on the door,
You will incur expense for this. If you could return this call, xxxxxxxxxx (number)”

This message was left on a friends mobile.

Comments please

fairylights_2

That's horrendous - they can't do that, can they? I have to say that would have had me TERRIFIED at our worst debt point ... Is your friend ok?

sportbeth

This is definitely harassment and intimidation. For one thing, if the debt isn't council tax or has been through the county court, you are not obliged to let anyone into your property, no matter what they try and scare you with.

Tell your friend to first of all if they haven't already done, send the letter stating that they do not acknowledge any debt and ask for proof of it. (Some may say this is a delaying tactic, I would say it points out firmly to the company that you are aware of the current debt collection legislation and that you are not going to be a pushover)

Put a line in that letter that says that you now insist that all correspondance is to be in writing, any telephone contact will be considered harassment and reported to the OFT.

Then you can calmly start negotiating a payment plan. It doesn't sound like these guys play by the rules and so it would be wise to get them away from phone messages and calls.

It would be worth while printing out the OFT guidelines for debt collection. Try googling them, these will highlight very clearly what they are and aren't allowed to do./

IN_LIKE_EVERYONE_ELSE!

My friend is fine, it is hard to reassure them but I am doing my best. I heard the message myself, very abrupt, with the usual slamming down of the handset at the end of the call.

Iona_Penny

Has your friend been in 'avoidance' mode ie ignoring communication by post? If they accept they have a debt that is in arrears then I feel it is more sensible to ring by 4pm and try to sort an arrangement. Costs will add on at a phenomenal rate, and if you are a regular on here you will know that facing up and dealing with debt is a feeling of relief that these sort of communications stop (I have been there)

bank_of_slate

Why don't you recommend that your friend registers on this site and use the forum.
They will find support and advice and if they post a full SOA we may be able to spot areas where they could save money.
Above all there is no judgement, just honest people; some of whom have gone through hell!
...Linda xx

IN_LIKE_EVERYONE_ELSE!

Thank you all for your input, the question remains, from the above transcript, is it harrassment?

smcaul

Sorry to point out the obvious, but the question from the OP was about the phone call and not about their friends debt. I would say that the phone call was harrassment, and I would not be calling them back, just send them a letter telling them to remove all phone numbers from their system and to correspond by letter only in the future - I have had some real nasty pieces of work on the other end of the phone to me before - it is only when you stand up to bullies like these that they will back off - I even spoke the MD of a certain debt collection company about the telephone manor of his staff - and he apologised - Oh, and if possible take a recording of the message to use later if need be.

IN_LIKE_EVERYONE_ELSE!

I have an MP3 copy of the message, as clear as a bell.

Xbigman

Yes it is harrassment. Make a complaint and send (or take) the recording to the OFT. Recordings are not normally admisable as evidence in court but can be grounds for a complaint. But given that the person knew they were leaving a recording it may be admisable. Maybe your friend could sue?
Regards



X

AGB863

Here are a couple of the relevant section from the OFT's guidance for debt collectors


2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead debtors as to their status, e.g. documents made to resemble court claims.
b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge
c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is
d. unnecessary and unhelpful use of legal and technical language, e.g. use of Latin phrases
e. failing to provide debtors or creditors with information on status of debts, e.g. not providing requested balance statements when reasonably requested
f. contacting debtors at unreasonable times
g. ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, e.g. shift workers who ask not to be telephoned during certain times of the day
h. asking or instructing debtors to make contact on premium rate telephone numb

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

The link to the whole document well worth a read.

http://www.oft.gov.uk/NR/rdonlyres/...50/0/oft664.pdf