Is this harrassment??

monkeyintrouble

Hi, I have been under a DMP now for about 15 months with CCCS. Everything has been going fine with most creditors being sympathetic. Until this week!! Lloyds TSB wrote to me saying they had not received their payments and threatened legal action if the full amount wasn't paid immediately. I rang them to explain I was on a DMP and the payments had been made all along and they apologised saying it was a computer generated letter and for me to contact CCCS and instruct them to contact LTSB to confirm I was still on a DMP. Since then LTSB have been ringing me sometimes up to FOUR times a day asking what I intend to do about the money I owe them. On one occassion I had only just put the house phone down after explaining the situation when my mobile phone went and it was LTSB again, with the same scenario. I have requested on each occassion for them to stop ringing me as I consider I am being harrassed and everything is in hand with CCCS. What can I do? Its driving me mad!!

thriftymoo

Hiya,

You can write to them and ask them to remove your phone number. They're more likely to stop if its in writing but make sure u ask them to remove the number rather than just stop ringing, then if they need to contact you they will have to do it via mail.

Hope that helps a bit

DarkConvict

Remove telephone number letter - http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

thriftymoo

DarkConvict wrote: »

Remove telephone number letter - http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

Thanks for that never knew template letters were on here! Useful to know:D

DarkConvict

Templates

http://forums.moneysavingexpert.com/showthread.html?p=26867731#post26867731

http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

http://forums.moneysavingexpert.com/showpost.html?p=29030435&postcount=6

http://forums.moneysavingexpert.com/showpost.html?p=25675857&postcount=84

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

http://www.consumeractiongroup.co.uk/resources/templates-library (login to view)

blind-as-a-bat_2

A little light reading re the Lloyds TSB's tactics

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6078489.ece

They have as much intention of taking legal action as i have of giving birth.


By the way, im a bloke:p:rotfl:

immoral_angeluk

What is harassment by a creditor

Harassment of people in debt by creditors or their agents is a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. The regulations prohibit aggressive commercial practices, including aggressive practices used by creditors to pressurise debtors into paying their debts.

National Debtline has produced a factsheet for the public about how to deal with harassment by creditors. The factsheet is available on the National Debtline website at www.nationaldebtline.co.uk.

Examples of practices which may constitute harassment

The following examples of behaviour may constitute harassment:-

• making demands for payment which are deliberately meant to alarm, distress or humiliate the debtor, her/his family or household
• contacting the debtor too frequently or late at night
• pressurising the debtor to sell property or to take out more credit
• using more than one collection company at the same time or not telling the debtor when the debt has been passed to another company
• producing any document which appears to have some official character when it does not, or making false claims that a document has some official character when it does not
• pressurising the debtor to pay in full or in large instalments which s/he cannot afford
• making threatening gestures or statements
• ignoring disputes about whether the debtor owes the money
• trying to embarrass the debtor in public or threatening to tell a third party about the debts, such as a neighbour or family members
• falsely claiming to work for the court or to be a bailiff, or, in Scotland, a sheriff officer
• implying that action can be taken that is not legally possible, such as implying that the debtor’s property can be taken without a court order
• using a business name or logo that implies the debt collector is a government body, for example, the court
• implying that court action has been taken against the debtor when it has not
• implying that not paying the debt is a criminal offence.

The [URL="file:///C:/Program%20Files/england/index/CATEGORI/CATEGORY/CATEGORY/CATEGORY/13150805.HTM#complaining_to_the_office_of_fair_trading_%28oft%29"]Office of Fair Trading[/URL] has ruled that it is also unacceptable for creditors, including debt collection agencies, to try to trace debtors by using neighbours to pass on messages, since this practice has the potential to lead to the disclosure of private financial affairs and to cause distress and embarrassment. Any creditor following this practice should be reported to the Office of Fair Trading.

What is not harassment

Creditors are allowed to take reasonable steps to recover money owed to them including:-

• sending reminders and demands for payment
• telephoning the debtor
• calling at the debtor’s home
• taking court action.

Where a creditor’s actions appear to be causing distress or are extreme or unreasonable, for example, persistent telephoning at work or calling at unsocial hours, the client may want to consider taking further action.

Thought this might be of help...

10past6

monkeyintrouble wrote: »

Since then LTSB have been ringing me sometimes up to FOUR times a day

Amend and send:

OFFICIAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006

WARNING IMPENDING CRIMINAL PROSECUTION

I have on numerous of occasions, informed your company that I am unwilling to communicate by phone; I have informed you that all phone numbers listed are to be removed from my personal details.

I have also asked that all correspondence should be in writing. You are obliged, under the OFT debt collection guidelines to obey my reasonable request in this matter.

I have sent you harassment by telephone letter on xx/xx/xxx which I enclose in this letter, and given you plenty of opportunity to cease this unwarranted and illegal harassment.

The frequency of calls received from your organisation have been recorded for independent adjudication, I place you under notice that, if I receive any further calls from your organisation on any telephone number you have listed, I will take further legal action on this matter.

If you continue harassing me via intimidating phone calls, I may without further notice ask the court for permission to bring a private criminal prosecution against the directors of your firm.

I place you under notice, under section 7 of the data protection act, that you must update your records to reflect my request to remove all telephone numbers listed.

I consider your actions to be a significant breach of the law.

I reserve the right to seek an injunction against your organisation should the phone calls continue at the same frequency.

I reserve the right to bring a formal complaint to OFCOM, the Police, THE F.S.O, THE F.S.A., THE OFT, and all other relevant regulatory Bodies.

Further, please note that this letter constitutes a formal complaint under the consumer credit act 2006, should I not receive a satisfactory response to this complaint within 7 working days from the date of this letter, I WILL seek adjudication from those organisations I’ve listed above.


Yours Sincerely,

PRINT ONLY – DON’T SIGN

wayout84

Def call them up and tell them to remove your phone number....this is what I did and JOB DONE! No more calls!!

confused90

Hi, i'm a debt collector (i know, i know) but beleive it or not we are not all bad and manage to do our jobs effectively without breaking the law and regulations of the industry (i'm sensing you won't be convinced by that but hey:D)

in my view these guys would appear to be in breach of section 40 of the administration of justice act which states:

Section 40 of the Administration of Justice Act


“S40 Punishment for unlawful harassment of debtors.

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
   • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

pay speacial attention to the red bits as they match your circumstances, it seems clear to me that the intention of TSB's collection agents is, by the frequency and manner of their calls, to subject you and/or your family to alarm and distress in order to coerce you into making payment.

This is naughty as a breach of section 40 of the administration of justice act is a criminal offence.

Send the letter asking for removal of your telephone number and include a warning about the frequency and manner of their calls being in contravention of section 40 of the A.J.A politely reminding them that any such breach would amount to a criminal offence.

that should shut em up, good luck.

fatbelly

CPUTR applies now - see Immoral Angel's post above and the ND factsheet

Factsheet | Harassment