DCA Calling me at work. Help!

Blankie

Hi there. Can anyone advise me please. A DCA has recently taken over my debt and have started phoning me at work (office phone). I have been dealing with them by letter but this is obviously not quick enough for them so they've have resorted to this tactic. As far as i'm aware they do not identify themselves but as I cannot speak to them I have politely asked for them to call my mobile after work. They haven't done this but just continue to call.
I've done a search on this wonderful site and have found the template letter below but it is from a post dating back to 2005. Can someone tell me if this is still valid please and ok for me to use.
Many Thanks
Blankie.:)

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode



FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.


Account Number: XXXXXXX

Dear Sirs,

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


(type don't sign) 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:

Quote:
Originally Posted by CCCS_Emily
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:

Quote:
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 obligations.

This request supersedes any contactual 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,

DarkConvict

Yes its okay, and it still in use. But we have a more recent one you may prefer to use. - http://forums.moneysavingexpert.com/showpost.html?p=33792375&postcount=42

Other telephone/visit templates - http://forums.moneysavingexpert.com/showthread.html?t=1837507

GeorgeUK

Yup, those are still okay to send - you can probably combine them into one letter. They have a right to process your information by the sounds of it but you should be able to request they remove your work number.

DarkConvict

DCA's only require 1 point of contact, so we recommend they only have your address and get your phone number removed.

Blankie

Excellent - thank you so much. I'll get on to it.
Blankie.xx