legal and trade :mad:

kickingkay

GGGGRRRRRR!! i hvae just had a right ol hum dinger with one of their bolchy reps!
telling me why my payment hasnt reached them pretending they new nothing of my previous call, clarifying that the cccs pay my creditors, but she slipped up and said that i had a ggreed to pay £10 when i quieried this and said i hadnt agreed at all but suggested it would be around that amount she said no its here on the screen you agreed £10.
so i of course said then if thats on the screen then it should also state what ive just told you and if your not happy then contact the CCCS
anyway it went on and on with i have to tell the cccs to pay them now at which point i said no ive informed them they have your details etc, but it has made me so angry then she shouted at me down the phone they sit on your money banking the interest and she relised what she said and backtracked to which i warned her to be carefull as she could see herself in court facing a libal charge and to not raise her voice to me is she knows how to do her job then she should do it properly not try to intimedate me as it wont the amount i owe to them i wont lose sleep over (sorry but i owe them a few hundred quid) so anyway (takes breath) i told her put it all in writing and good evening lol!
sorry they make me so cross silly woman she clearly had no idea i have had far worse calls letters than some woman jumping up and down threatning to take me to court over a payment that went to the original creditor due to the fact it hadnt changed over yet!
ok rant over

kickingkay

Another call!, just got off teh phone again they called can you please confirm you are who you say you are etc, and i said who are you to them he wouldnt tell me what firm he worked for just he was dealing with my financial affairs in Preston, so i replied sorry i wont give you any details about myself until i know who youare please put it all in writing
he answered i can do that or i can send someone to your home and he hung up!
will they do that i mean if he does he wont get a nce response and a cuppa offer lol! but these bullying tactics can be imtimidating dontcha think?

Kevicho

These people are clearly undertrained

Someone soon will post that section of the law that classes this as harrasment and you can quote that the next time they call

Did you try 1471 to find there number?

jazzt1

I just have to say - what kind of people do they have working for this company you've been telling us about?! They obviously haven't had much 'customer service' training etc etc!

If I was you I would be sorely tempted to write a very stong letter of complaint about the behaviour of the people you have spoken to - even if you were angry at them they should not have behaved the way they did.

As for sending someone round to your house....! What a bloody cheek!

kickingkay

jazzt1 wrote:

I just have to say - what kind of people do they have working for this company you've been telling us about?! They obviously haven't had much 'customer service' training etc etc!

If I was you I would be sorely tempted to write a very stong letter of complaint about the behaviour of the people you have spoken to - even if you were angry at them they should not have behaved the way they did.

As for sending someone round to your house....! What a bloody cheek!

I know!, its rediculous i havent i will do next time i meant to but my sons friend rang not long after, i think i will compose a strong letter and send it at the weekend im not scared by them because i know im doing what i should be doing, im paying my debt! i have told them to put it in writing if they ring again i shall be making them aware i will be recording their calls and passing them onto the office of fair trading!, but its just so daft as is costing them money to ring me! i wont pay it it will be like getting blood out of a stone i just dont got it lol!
thanks for repliess o would hate for someone else to feel threatend by their actions silly bullies with no knowledge!

kickingkay

kickingkay wrote:

GGGGRRRRRR!! i hvae just had a right ol hum dinger with one of their bolchy reps!
telling me why my payment hasnt reached them pretending they new nothing of my previous call, clarifying that the cccs pay my creditors, but she slipped up and said that i had a ggreed to pay £10 when i quieried this and said i hadnt agreed at all but suggested it would be around that amount she said no its here on the screen you agreed £10.
so i of course said then if thats on the screen then it should also state what ive just told you and if your not happy then contact the CCCS
anyway it went on and on with i have to tell the cccs to pay them now at which point i said no ive informed them they have your details etc, but it has made me so angry then she shouted at me down the phone they sit on your money banking the interest and she relised what she said and backtracked to which i warned her to be carefull as she could see herself in court facing a libal charge and to not raise her voice to me is she knows how to do her job then she should do it properly not try to intimedate me as it wont the amount i owe to them i wont lose sleep over (sorry but i owe them a few hundred quid) so anyway (takes breath) i told her put it all in writing and good evening lol!
sorry they make me so cross silly woman she clearly had no idea i have had far worse calls letters than some woman jumping up and down threatning to take me to court over a payment that went to the original creditor due to the fact it hadnt changed over yet!
ok rant over

hi needed to move this up as im still getting calls now they dont speak or leave messages on my answer phone you must call immediatly this is a matter of emergancy!
so i did ring this evening quoted teh reference taht was left and he said is this mrs jane doe and he said can you confirm your address and i asked who am i speaking to? to which he said i cant tell you!, so i repeated to him i cannot give out my personnal details to someone who i have no idea of so he said good day and hung up on me ........................
is this right can thye do this ring not speak etc and ring at all times of the day should i start logging these calls!
any advice please
klare

amosworks

I find a swift sharp "!!!! off" works wonders before hanging up. They get the message after a few phone calls. Don't worry about them sending someone round your house, it's all mind games and a DCA has no right of entry under any circumstances.

But persoanlly I'd love to have a DCA over for afternoon tea. A couple of eye drops in his tea and he'll be squitting all the way home for the rest of the day. Whoops, did I just say that out loud?

MCBIRNIE25

Hi blinking bar stewards trying to intimidate.
If you are with BT, ask for their choose to refuse service, and if it is an unidentifiable numbe,r then don't answer, also, write, send recorded delivery, telling them they have to stop using your number, and you want all communications in writing, this is legal, and once you tell them to ocntact you only in writing, then they should, PM me if you want the exact law or sample letter to send. RECORDED DELIVERY is a must, otherwise they will deny receiving it.Also, when writing these letters, do a little CC on top and let them think you have sent a copt to trading standards to. bit more advice

HOW TO DEAL WITH HARASSMENT BY YOUR CREDITORS(thanks to national debtline)
The first step is to write to a creditor and outline your concerns about the company’s behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor takes steps to avoid similar occurrences in the future. Tell your creditors how you would prefer to be contacted and ask that they confirm their agreement to this. A letter at this stage may avoid the need to take further action against the company.
Tell them you are aware of the OFT Debt Collection Guidance and that you will consider making a complaint about their behaviour under the guidance.
It is usually difficult to persuade the police to prosecute in cases of harassment unless a more serious offence such as violence, fraud or blackmail is also involved. Normally complaints should be made to the trading standards/consumer protection department at your local council. They should investigate whether an offence has been committed and whether prosecution is appropriate. The penalty is a fine of up to £5,000 in the Magistrates Court. Also a conviction is likely to provide evidence that the creditor is no longer a ‘fit and proper person’ to hold a consumer credit licence.
If Trading Standards will not act it may be worth contacting the Office of Fair Trading directly. The address is at the end of the factsheet. The OFT does not usually take up individual complaints but their Debt Collection Enforcement Team collects information that can be used to take action against creditors who can lose their consumer credit licence.
The creditor may be a member of a trade association with a code of practice. You could find out if your creditor is a member of a trade association and write to them with your complaint. A code of practice is not legally enforceable but the association may take some action against their members. Details of the main trade associations are at the end of the factsheet under “Useful Addresses”.
OTHER OPTIONS

Another alternative is for you to pursue your own prosecution in the Magistrates Court. This could involve considerable cost so you need to obtain proper legal advice first.
BT have a new service called "Choose to Refuse" which might help if you are getting a lot of calls from an unpleasant creditor. You have to key in a pin number after a call. The caller will then get an automated message if you don’t wish to take their call when they ring. The cost of the service is £8.00 per quarter.
If you receive a telephone service from another provider, contact them and ask if they have a similar service.
You could refer to the Malicious Communications Act 1988. This deals with the sending of letters or articles for the purpose of causing “distress or anxiety”. A person found guilty can be fined in the Magistrates Court. To prosecute successfully, the letter or article sent would have to convey:-
A message which is indecent or grossly offensive
A threat; or
Information which is false and known or believed to be false by the sender.
The Criminal Justice Act & Public Order Act 1994 Section 4a makes it a criminal offence to cause “Harassment, alarm or distress” with intent by using “threatening, abusive or insulting words or behaviour”. This can only be an offence if it happens in a public place not in your own home. The police would need to be contacted and prosecute for this offence.
The Protection from Harassment Act 1997 makes it a criminal offence to harass people and put “people in fear of violence”. The harassment must happen on at least 2 separate occasions.