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Dealing with phone calls

I have sent letters to creditors asking for contact in writing only but I have had a phone call from one saying that they can not do that and they need to phone me.

Is this right I thought that I was allowed to request this.

I would like to know for sure so I am prepared for the next time.

Thanks
sonnyboy
«13

Comments

  • dont answer or just hang up simple
  • Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • Thanks, I know I can do that but just wanted to know the legal position. Do they have to contact you how you ask them to? I have let them all know Im taking advice etc so not as if Im ignoreing the problem.

    I am not in the best health at moment and would really like to know if its correct that they have to take notice of your request so at least next time I can tell them they HAVE to contact me in writing.

    Thanks

    Thanks blind as a bat just saw your post.
    sonnyboy
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 26 March 2010 am31 8:47AM
    Removal of numbers under Data Protection.

    You also have a right to demand that all telephone numbers for you are removed from their system, including home/mobile ones.

    See this post from CCCS:
    CCCS_Emily wrote: »
    Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

    Your creditors do need to have contact details for you, but an address is all they need. If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.

    So you may wish to add something like this to your letter:
    FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

    I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

    The processing and use of these numbers is causing significant distress.

    Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual requirements.

    This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

    Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems.

    Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA. This will result in a complaint being raised with the Information Commissioner.

    You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


    Yours faithfully,
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thanks very much, will do new letters.
    sonnyboy
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    callywally wrote: »
    I have sent letters to creditors asking for contact in writing only but I have had a phone call from one saying that they can not do that and they need to phone me.
    To which the answer is quite simple: "I am sorry your business processes prevent you from writing to me, as mine prevent you from speaking to me by phone - goodbye". Aad either hang up or just put the handset down by the side and leave it.

    You are in the driving seat as to whether they can phone you.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • I sent a letter to Barclaycard (they have started ringing my work number again.) This only after one missed payment almost a month ago and I've probably had over a 100 calls. The call centre is commission based, apparently there is one based in India and one in the Phillippines. They are just a call centre, they are calling on 'behalf' of Barclaycard, but they arent actually Barclaycard (tho they like to pretend to), just a cold-caller; they don't even have any of my account details. I'm happy enough to ignore Cahoot (call every few days, but just one call.) Barclaycard will call 8/9 times in a row on different numbers. I'll see what happens after this letter (I posted the letter yesterday), if it doesn't work I'll send another with the data removal bit on.

    At the end of the day Cally, it could be worse; instead of getting the nuicance calls, you could be the one working in a call centre getting paid pittance to continually harrass people all hours of the day and night - most of which ignore you or put the phone down on you. :p;):D
  • snoopy89
    snoopy89 Posts: 320 Forumite
    i just switched my home phone off most of time, and used my mobile for m8s incomeing calls, worked fine. but i dont work unfortunatly, so cant help u there. barclays bank and card were told that i would not speek to them untill everything was sorted with the cab. went br about 5 weeks later and had no problems what so ever since. best of luck to you. hope u get it sorted.
  • hi as i work 8 till 6 my partner was recieving phone calls about 10 a day it didnt matter what she said they phoned following day, a couple phoned my work but as im mobile i was never in i eventually phoned bt and chenged my number free of charge told them i was getting nusiance calls
    everything silent now bliss (change your number if you can i think they will ignore letters asking them to stop phoning)
  • I agree with broxiebear1... I changed my mobile number and home phone number and now write 'not at this address' and put mail back in the post... I haven't had the house number ring in months and only ever receive bank statements and a magazine subscription. Absolute bliss.
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