Pestered by creditors

stintond

If its a problem with phone calls there is a bt service called "choose to refuse" , it blocks specified phone numbers ringing you , i used it with birmingham midshires when they were ringing me several times a day.Lets put it this way , they're no longer a problem for us!

Dodger61

Simply refuse to go through security with a DCA. Legally they must verify your details before speaking with you. So when they say " we just need to go through security with you" just say NO. Rather stumps them. Do it a few times and it becomes quite fun in the end. Go on do it guys.

Gaz1971

I played them at their own game today, the guy called from BPF and said it was in reference to the letter they sent last week, I said I got no letter and in future they should send all mail by recorded delivery or I will ignore its existence and deny receiving it

GonzoAston

tigerfeet2006 wrote: »

Also time to get the OFT and Trading Standards involved as well me thinks!!

ETA: this letter from Fermi is brilliant.



send................

Quote:

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

obviously edit to suit.



with thanks to fermi

Got to agree, this letter is fantastic :A. I wonder if it should be a sticky? Is that allowed? Would help alot of people in the same situation.

rog2

GonzoAston wrote: »

Got to agree, this letter is fantastic :A. I wonder if it should be a sticky? Is that allowed? Would help alot of people in the same situation.

Perhaps we should start a 'Template Letter Thread' - like the one on the DFW board?

fatou256

i have used beofer the letter by tigerfeet usually it is enough to put them away but with a few reluctant one i di contacted the OFT myself and they put me forward to trading standard who sorted out all the problem .. and my OR did an investigation into some of my creditor because they woukldnt get the message across.
i agree with rob a template letter thread might be usefull.

samizdat

I think this is a great letter but if it's going to be made a template, please consider making some small changes.

In my opinion, it sounds pompous to say "we" when you are actually just referring to yourself. Here it is unclear who exactly is party to the letter but it is signed off "A N Other", which implies only one individual is involved.

Regardless of how many people are party to the letter, it is grammatically wrong and, in my view, stylistically bombastic to use reflexive pronouns such as "myself" and "ourselves" as grandiloquent substitutes for "me" and "us".

I would therefore make the following changes:

"with the above reference number, which you claim is owed by [STRIKE]ourselves[/STRIKE]."

with the above reference number, which you claim is owed by B][U]me[/U][/B] or [B][U]us[/U][/B.

"all future contact from your company regarding these accounts is reported and forwarded to [STRIKE]themselves[/STRIKE], and that continued contact with [STRIKE]myself[/STRIKE] may result "

all future contact from your company regarding these accounts is reported and forwarded to U][B]him[/B][/U] or [U][B]her][/B][/U], and that continued contact with [[B][U]me[/U][/B] or [B][U]us[/U][/B may result

Sorry to be a bore but I think these changes would improve the letter and help prevent misunderstanding over the proper use of reflexive pronouns.

Not sure about the "physical harassment" bit - a bit of an exaggeration?

So, here is an amended letter, with a few other tiny changes that I have made, mainly to commas. (Please note I have no idea whether what is said in the letter is a valid statement of the law.)

Quote:

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 me regarding the account with the above reference number, which you claim is owed by me.

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 him, and that continued contact with me may result in the Official Receiver taking enforcement action against your organisation.

Please also note that I am 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 failing to cease collection activity while 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.

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

I look forward to your reply.

Yours faithfully



A N Other

obviously edit to suit.



with thanks to fermi

fermi

I think I will keep the letter as it is. Thanks.

philnicandamy

samizdat wrote: »

Not sure about the "physical harassment" bit - a bit of an exaggeration?

You've obviously never been on the receiving end of a DCA agent then.....:rolleyes:

rog2

samizdat wrote: »

I think this is a great letter but if it's going to be made a template, please consider making some small changes.

In my opinion, it sounds pompous to say "we" when you are actually just referring to yourself. Here it is unclear who exactly is party to the letter but it is signed off "A N Other", which implies only one individual is involved.

Regardless of how many people are party to the letter, it is grammatically wrong and, in my view, stylistically bombastic to use reflexive pronouns such as "myself" and "ourselves" as grandiloquent substitutes for "me" and "us".

'Template Letters' are precisely that -samizdat - 'Template Letters'.

They are, as fermi clearly states in his post, designed to be edited to suit the individual circumstances of the sender.

The 'grammatical correctness' of such a letter is secondary to the importance of the message contained therein.

Whilst you may see the use of reflective pronouns, such as "myself/ourselves" as 'grandiloquent (?) substitutes' for "me/us", as rendering the letter 'styistically bombastic', surely the most important point of the letter is inform a creditor/dca that continued 'harassment' of a declared bankrupt is not only against the OFT Debt Collection Guidelines, but could also be illegal.

I, among others, think that the letter puts this message across admirably and that, whilst it may, indeed, require some 'editing' to suit, it is an excellent letter.