Constant harassment/phone calls from debt collectors

dekaspace

Its a debt I dispute(had a few of them recently likely linked to when someone did identity theft on me)

A debt collector kept sending me letters and as a general query I rang them to check and gave them my details(but pretty much knew it would cause issues, it was for learning sake)

Since then which is about 6-8 weeks ago I get "constant" phone calls from them and voicemail messages, almost all automated but randomly a person answers(after having a dead line for about 5-10 seconds)

Anyway the company the very next day after I rang them, woke me up around 8am with automated voice calls, then again at 8.30, 10.30. 11am, 12.30, 3.30. 5.40 7,30 and then 8.30.

This pattern appears at random, sometimes I get one or two phone calls a day, sometimes none for a week, then a day with 3-5.

I now unplug my phone at night, and my parents came to visit me today and at 8.47pm I got another call from them(That was very infuriating due to time of day!) I hung up and they rang back again under a second later!

There was once 2 weeks ago where they rang both my mobiles at same time along with landline down to the very second, this was the only time a "human" answered who asked me to give him my full address and date of birth so I hung up.

They also randomly text both my mobiles too.

Isnt this harrasment? My dad has told me I can report to Trading Standards as they arent allowed to make so many calls and its illegal to use automated phone lines to ring me!

Jeff_Bridges_hair

Its not illegal to use an automated service to call you - loads of companies do it.

What you need to do is sort out your debt that you owe them try speaking to the CCCS about this and let them know that they are harrassing you with so many calls - that is wrong.

dekaspace

Jeff_Bridges_hair wrote: »

Its not illegal to use an automated service to call you - loads of companies do it.

What you need to do is sort out your debt that you owe them try speaking to the CCCS about this and let them know that they are harrassing you with so many calls - that is wrong.

I dont owe them any debt, they claim I do and will not issue any proof of this as when I rang up the one time they were like "oh you owe X debt" I replied "no I dont, can you send me proof of this alleged debt" they replied "no you have to prove you dont owe the debt"

They even told me I would have to contact the company the debt is owed to and get details of the account.

Strange its not illegal to ring before say 9am or after 6pm at night as to me those are unreasonable hours.

tomwakefield

You may want to try the debt free wannabe board. Although you do not actually have this debt, the people on that section of the forum are most likely to have the relevant information/letter templates quickly available.

Alternatively try http://www.fightingdebt.co.uk/templates.html. That seems to have a fair number of template letters, including a template requesting a proof that the debt is yours, and a template requesting no further telephone calls.

You are correct that the onus is on them to prove the debt is yours and not the reverse, as it's pretty much impossible to prove a debt you know nothing about is not yours.

dekaspace

Its a debt I dispute(had a few of them recently likely linked to when someone did identity theft on me) so I dont owe this debt but someone may have taken credit in my name(still ongoing bank issues with 2 of my bank accounts emptied last year that I havent got cash back from yet!)

A debt collector kept sending me letters and as a general query I rang them to check and gave them my details(but pretty much knew it would cause issues, it was for learning sake)

Since then which is about 6-8 weeks ago I get "constant" phone calls from them and voicemail messages, almost all automated but randomly a person answers(after having a dead line for about 5-10 seconds)

Anyway the company the very next day after I rang them, woke me up around 8am with automated voice calls, then again at 8.30, 10.30. 11am, 12.30, 3.30. 5.40 7,30 and then 8.30.

This pattern appears at random, sometimes I get one or two phone calls a day, sometimes none for a week, then a day with 3-5.

I now unplug my phone at night, and my parents came to visit me today and at 8.47pm I got another call from them(That was very infuriating due to time of day!) I hung up and they rang back again under a second later!

There was once 2 weeks ago where they rang both my mobiles at same time along with landline down to the very second, this was the only time a "human" answered who asked me to give him my full address and date of birth so I hung up.

They also randomly text both my mobiles too.

Isnt this harrasment? My dad has told me I can report to Trading Standards as they arent allowed to make so many calls and its illegal to use automated phone lines to ring me!

dekaspace

tomwakefield wrote: »

You may want to try the debt free wannabe board. Although you do not actually have this debt, the people on that section of the forum are most likely to have the relevant information/letter templates quickly available.

Alternatively try http://www.fightingdebt.co.uk/templates.html. That seems to have a fair number of template letters, including a template requesting a proof that the debt is yours, and a template requesting no further telephone calls.

You are correct that the onus is on them to prove the debt is yours and not the reverse, as it's pretty much impossible to prove a debt you know nothing about is not yours.

Thanks have posted a thread on DFW, forgot about that board!

squeaky

OK...

I'll move this thread across there to avoid duplication.

Forum_Team wrote:

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email forumteam@moneysavingexpert.com.

fatbelly

The important document to read is:

Debt collection guidance

and, for a wider overview:

Factsheet | Harassment

You could try sending:

Harassment by telephone

Johnny_Chaos

dekaspace wrote: »

They also randomly text both my mobiles too.

Isnt this harrasment? My dad has told me I can report to Trading Standards as they arent allowed to make so many calls and its illegal to use automated phone lines to ring me!

Write them a letter. Say you want everything in writing. Request that they do not phone or text, as it causing undue stress blah blah blah, and that if they continue phoning you will report them to the world and his brother.

The nuclear option, if it's not going to be too much hassle, is to change your number. Just tell you landline provider that you've been getting nuisance calls - which you have - and they should change your number for free.

Alternatively, are the [STRIKE]pitiful losers[/STRIKE] debt collection agencies phoning on a withheld number. If so, you can ask your landline provider to ban withheld numbers. The only downside is that some genuine people/companies withhold their number, and you'll be barring their calls too.

Or ... BT used to do a service for people who were getting prank / silent / dirty phone calls. Basically, if the offender called you, you could type in a code and it would ban the last number. This is another option.

Chin up.

king100

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode


Dear Sirs
Harassment by telephone

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

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 Section 40 of the Administration of Justice Act 1970, 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, and send me a copy of your company complaints procedure.

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

Yours faithfully,


[NAME HERE] (type don't sign)

king100

Personally I would be inclined to do as follows

Answer the phone and try and record conversation.

DCA Can you confirm you name and address

OP GIVE FAKE NAME AND ADDRESS, ASK WHAT NAME AND ADDRESS THEY HAVE ON ACCOUNT

DCA Can you confirm you DOB

OP GIVE FAKE DOB AND ASK WHAT DOB THEY HAVE ON ACCOUNT, WHILST YOU ARE AT IT ASK HOW MUCH MONEY IS OUTSTANDING


If they tell you any information when you have given wrong info then it is a breach of the DPA.

Thank them for their call and state that they have just broken 3 of the DPA and that you will be reporting them for this matter.