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CAB Advice???

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Comments

  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    Sorry it's upset you wife.......they are not nice, it might be worth sending out the Phone Harrassment letter by fermi x

    Send recorded delivery

    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)
    "If wishes were horses, then beggars would ride"
  • Hi IMBD, tigerfeet2006 pointed this out to me.....when a poster was having a bad time with creditor's calling and needed cheering up......it made us all laugh. Have a read of this classic thread by Zinc Oxide

    Click on link below:-

    https://forums.moneysavingexpert.com/discussion/741653

    Best wishes
    If...x


    :D :rotfl: :D :rotfl: :D :rotfl: :D


    THATS MADE MY DAY!!!!!!!!!!!!!!!!!!!!!!! :j
  • Cracking template if....... That might be useful for the continued harrassment off claim4refunds, even after our BR
  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    :D :rotfl: :D :rotfl: :D :rotfl: :D


    THATS MADE MY DAY!!!!!!!!!!!!!!!!!!!!!!! :j

    It still makes me laugh too Geoff x
    Cracking template if....... That might be useful for the continued harrassment off claim4refunds, even after our BR

    This might be a better letter Fermi’s letter to creditors/ DCA after BR



    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
    "If wishes were horses, then beggars would ride"
  • Thats great, thanks If !!!!!! :T
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    When the judge asks if you have received advice, it is not meant that the advice has been to tell you to go bankrupt. What the judge wants to see is that you know what options are available and that you understand the process and consequences in broad terms. As long as you know that and you are insolvent then the final decision is yours
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • excellent advice as always guys......many thanks:beer:
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