DCA harrassment!

legoman

Hi there,

I'm on the hunt for a template letter to stop DCA harrassment! Does anyone have an idea of where I may find one? Payplan don't seem to be helping in this department...

Thanks in advance for the help. :j

fermi

This is for a debt included in an IVA, right?

The one below is for a debt covered by a bankruptcy. You would need to re-write a fair chunk of it to make it appropriate to an IVA instead, but it should give you the main ideas.

Your Address

Date:

Creditors 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: 4563210025897412

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 Consumer Protection from Unfair Trading Regulations 2008, 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





Mr A N Other

legoman

fermi wrote: »

This is for a debt included in an IVA, right?

The one below is for a debt covered by a bankruptcy. You would need to re-write a fair chunk of it to make it appropriate to an IVA instead, but it should give you the main ideas.

That's an amazing letter! should I include the copy of the bankruptcy order anyway or will this not apply. I understand I am not bankrupt but it seems fitting if I alter some key words.

Also, should I give them my address? though I suppose they do have it but this will confirm where I live, not that I'm hiding, and they will just continue to send stuff through.

They did send a letter enquiring if I lived there which I forwarded to Payplan and now they just assume I live there and continue to harrass me...

fermi

legoman wrote: »

That's an amazing letter! should I include the copy of the bankruptcy order anyway or will this not apply. I understand I am not bankrupt but it seems fitting if I alter some key words.

If the debt is covered by an IVA, then you would surely just include whatever proof you have of this?

What sort of harassment? Just letters?

legoman

fermi wrote: »

If the debt is covered by an IVA, then you would surely just include whatever proof you have of this?

What sort of harassment? Just letters?

yes i will do that. just want to make sure i'm doing the right thing.

yes it is just letters from barclays or wescot who have the debt now but it's continuous. all other parties in the iva agreement have not contacted me since the court date.

legoman

sent the letter today and stuffed all their letters in with it too! now it's a waiting game. i expect them to sell the debt on to another comapny now...

copier_guy

Cracking letter Fermi!!

legoman

sent the letter 18 days ago and nothing has come through. as they sent them every other day and the last deadline on the last letter was 5th march i'm guessing they got the message!

amazing letter, did a bit of adjusting and it worked... so far. thought i'd let people know that i think it does sort them out and they should do it.

thanks for the help!:rotfl: