1monthloan Refuse Request to Coomunicate in Writing Only

michael1983l

Hello all,

Now this is not a debate about why I ended up with these loans but the fact is it happened and I am waiting for enough funds to become available to go into bankrupsy. Anyway I digress, so I have been receiving multiple calls sometimes on a daily basis to a supplied work number. I made many requests to have this number removed and they refused I also sent the standard letters found on here for communication in written form only as well as the one requesting to stop harrassing the work number and got this in reply from their data compliance officer.

[FONT=&quot]Dear Mr ********,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your email of 23 September 2011. Your details have been passed to me, as Compliance Officer of the Company.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Firstly, I must make you aware that the Fortress Group (UK) Ltd complies fully with the Data Protection Act, requirements of the Consumer Credit Act and all regulation as set out by the Information Commissioners Office. As such we are entitled to use all of the contact information you have supplied to us. We will naturally respect any customers request not to use a particular number, unless contact has been unsuccessful on all other details provided, when we will revert back to using all numbers held on file. Regular contact is extremely important to ensure we can work together to agree a suitable repayment plan.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]When we contact you but have to leave a message (either on a voicemail facility, answer phone or with a 3rd party), we will use our company name to identify ourselves (1 Month Loan) so you know who has called. Again this falls within our regulatory obligations as we are keen to speak to you as soon as possible to avoid any additional charges and interest accruing on your account. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We will therefore be unable to agree to contacting you in writing only.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The regulations set by the section 40 of the Administration of Justice Act 1970 confirms;[/FONT]
[FONT=&quot]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;[/FONT]
[FONT=&quot]· falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;[/FONT]
[FONT=&quot]· falsely represents himself to be authorised in some official capacity to claim or enforce payment; or[/FONT]
[FONT=&quot]· utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.[/FONT]
[FONT=&quot]2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.” [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] It is important to note that “anything done by a person which is reasonable” when trying to recover a debt, is not considered to be harassment. Given the nature and frequency of our contact, I cannot see that we have ‘harassed’ you. I do feel that we have attempted to work with you to arrange repayment and to make proposals for a mutually acceptable repayment plan. However, we have not received any repayment proposals from you and therefore had to make out-bound attempts to telephone you for an update.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Section 1 of the Protection of Harassment Act 1970 confirms;[/FONT]
[FONT=&quot](1) A person must not pursue a course of conduct—[/FONT]
[FONT=&quot](a) Which amounts to harassment of another, and[/FONT]
[FONT=&quot](b) Which he knows or ought to know amounts to harassment of the other.[/FONT]
[FONT=&quot](2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot](3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—[/FONT]
[FONT=&quot](a) That it was pursued for the purpose of preventing or detecting crime,[/FONT]
[FONT=&quot](b) That it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or[/FONT]
[FONT=&quot](c) That in the particular circumstances the pursuit of the course of conduct was reasonable.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Section 8 of the Act goes on to confirm; [/FONT]
[FONT=&quot](1) Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and—[/FONT]
[FONT=&quot](a) Is intended to amount to harassment of that person; or[/FONT]
[FONT=&quot](b) Occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.[/FONT]
[FONT=&quot](2) An actual or apprehended breach of subsection (1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question; and any such claim shall be known as an action of harassment.[/FONT]
[FONT=&quot](3) For the purposes of this section—[/FONT]
[FONT=&quot]· “conduct” includes speech;[/FONT]
[FONT=&quot]· “Harassment” of a person includes causing the person alarm or distress; and a course of conduct must involve conduct on at least two occasions.[/FONT]
[FONT=&quot](4) It shall be a defence to any action of harassment to show that the course of conduct complained of—[/FONT]
[FONT=&quot](a) Was authorised by, under or by virtue of any enactment or rule of law;[/FONT]
[FONT=&quot](b) Was pursued for the purpose of preventing or detecting crime; or[/FONT]
[FONT=&quot](c) Was, in the particular circumstances, reasonable.[/FONT]
[FONT=&quot](5) In an action of harassment the court may, without prejudice to any other remedies which it may grant—[/FONT]
[FONT=&quot](a) Award damages;[/FONT]
[FONT=&quot](b) Grant—[/FONT]
[FONT=&quot](i) Interdict or interim interdict;[/FONT]
[FONT=&quot](ii) if it is satisfied that it is appropriate for it to do so in order to protect the person from further harassment, an order, to be known as a “non-harassment order”, requiring the defender to refrain from such conduct in relation to the pursuer as may be specified in the order for such period (which includes an indeterminate period) as may be so specified, but a person may not be subjected to the same prohibitions in an interdict or interim interdict and a non-harassment order at the same time.[/FONT]
[FONT=&quot](6) The damages which may be awarded in an action of harassment include damages for any anxiety caused by the harassment and any financial loss resulting from it.[/FONT]
[FONT=&quot](7) Without prejudice to any right to seek review of any interlocutor, a person against whom a non-harassment order has been made, or the person for whose protection the order was made, may apply to the court by which the order was made for revocation of or a variation of the order and, on any such application, the court may revoke the order or vary it in such manner as it considers appropriate.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Office of Fair Trading has published guidance for all companies holding a Consumer Credit Licence on what activities constitute harassment. This list includes the following;[/FONT]
[FONT=&quot]· * It is unfair to communicate in whatever form, with consumers in an unclear, inaccurate or misleading manner.[/FONT]
[FONT=&quot]· * Putting pressure on debtors or third parties that is considered to be oppressive.[/FONT]
[FONT=&quot]· * Dealings with debtors must not be deceitful or unfair.[/FONT]
[FONT=&quot]· * Those visiting debtors must not act in an unclear or threatening manner.[/FONT]
[FONT=&quot]· * Companies contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.[/FONT]
[FONT=&quot]· * Charges should not levied unfairly.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Given all of the information available to me and being fully aware of the relevant legislation that we follow, I do not agree that our processes or behaviour constitutes harassment or has deliberately caused you suffering or distress. Indeed we invite regular, honest and open dialogue with our customers to help us formalise an agreeable repayment plan.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In accordance with our internal processes, now that we are aware that you are intending to declare yourself Bankrupt, we will give you time to arrange this. However, until your details are on the official Bankruptcy register, we may continue to contact you from time to time for an update on the situation.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Should you have any questions regarding your account, please do not hesitate to contact our Collections Department on 01284 717820 and a member of the team will be happy to assist you.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards,[/FONT]
[FONT=&quot] [/FONT]


[FONT=&quot]Kirsten Cutler[/FONT]
[FONT=&quot]Compliance Officer[/FONT]

I was left speechless with this and have of course complained to the OFT. Does anybody have any idea how I can respond to this further to quoting the OFT's guideance for debt collection that I have already done?

Thanks

Polmop

Didnt want to read and run but it seems all wrong, I am sure someone will be along to help shortly

LovelyLeeds

michael1983l wrote: »

I was left speechless with this and have of course complained to the OFT.

Could you speak to your manager and tell him a little about your situation. I'm sure they would be able to find a way to stop these calls to your company.

michael1983l

LovelyLeeds wrote: »

Could you speak to your manager and tell him a little about your situation. I'm sure they would be able to find a way to stop these calls to your company.

Not really, they would probably be understanding on the issue but at the moment I have quite a fragile mental state and I think the personal stress of doing this might be too much for me. So far I have made the excuse that I have had my identity stolen and people have taken out loans in my name.

LovelyLeeds

michael1983l wrote: »

So far I have made the excuse that I have had my identity stolen and people have taken out loans in my name.

Oh dear. The thing is, your colleagues may well be taking calls meant for you, and they wont be taken in by your explanations of identity theft.
You say it will add to your personal stress, I beg to differ. I honestly think if you 'come clean' it will be a massive relief and your manager may well be in a good position to stop these calls.
You're managing a tangled web right now - surely the best thing would be to untangle it?

michael1983l

LovelyLeeds wrote: »

Oh dear. The thing is, your colleagues may well be taking calls meant for you, and they wont be taken in by your explanations of identity theft.
You say it will add to your personal stress, I beg to differ. I honestly think if you 'come clean' it will be a massive relief and your manager may well be in a good position to stop these calls.
You're managing a tangled web right now - surely the best thing would be to untangle it?

Like I say at the moment I cannot deal with it. Without going into too much detail I am awaiting cognative thearapy and taking medication. I am not in a good place so for now I do not want to go through that stress right now. I understand your point of view but the answer is I just do not have the strength for that at the moment.

LovelyLeeds

Sorry you're in a gloomy place right now. Hopefully things will get clearer for you in time.

Tixy

Hi

In any of your letters did you give notice under section 10 of the DPA to stop processing your work number? If you did and its more than 21 days since you sent that notice then I would write back to kirsten and say that notwithstanding the points raised in her letter the company are in breach of the DPA for continuing to call you on that number and that you have made a complaint to the Information commissioner. And then write to the IC and to the OFT with your complaint.

If you didn't mention section 10 then I would reply with a section 10 notice now.

CHR15

Surely they are ringing your work number because you are refusing to answer your mobile/home number.

Why not answer and speak to them? they would have no need to ring you at work.

You may well be having a meltdown but you have been vocal enough on MSE. Whether we agree with you or not, you seem entirely capable of putting together a logical argument and following it through, even when you represent another poster.

What is the worse that can happen if you speak to them, seriously?
They will ask for money, you will say no, you cannot afford it, goodbye.

If you are going to compain about their treatment of you, it would be good to have more evidence by way of a dialogue either written or recorded to help your case.

It seems you just want it all to go away quietly, which is a bit naive of you. You borrowed like an adult, deal with it in the same manner.

There seems to be a worrying trend on here recently, it seems everyone who falls behind has mental issues (not saying you haven't), just odd it always coincides with repayment day.

Common_Sense_2

Tixy wrote: »

Hi

In any of your letters did you give notice under section 10 of the DPA to stop processing your work number? If you did and its more than 21 days since you sent that notice then I would write back to kirsten and say that notwithstanding the points raised in her letter the company are in breach of the DPA for continuing to call you on that number and that you have made a complaint to the Information commissioner. And then write to the IC and to the OFT with your complaint.

If you didn't mention section 10 then I would reply with a section 10 notice now.

The issue with this is that section 10 would not work as in schedule 2 it states:
The processing is necessary
(a)for the performance of a contract to which the data subject is a party,

As the OP is receiving these calls due to the loan contract he has entered into with the company calling him, a section 10 notice can be ignored.

As Chris says, best way of stopping these calls is by answering your mobile / home when they call you. If you have no money, then they cannot pursuade you to give them any. All you have to say is "i'm still applying for bankruptcy". The letter you've received states that they will "continue to contact you from time to time for an update on the situation". so when they call, you give them an update. surely that in itself is not going to cause too much stress on your part.

At the end of the day, you borrowed from them, they are trying to find out when / how / if they are going to get their money back.

If you have a sensible measured conversation with them, then they may only contact you once a week just for an update, if you ignore their calls, they will keep trying until they get an update.

skintandscared_2

Ok, so what ACTUAL arrangement(s) have you come to, to make even token payments? And have you supplied them with mobile/home numbers that they can use instead of your work number? If they call those other numbers, do you answer or ignore the calls? If you have literally just stopped making any payments whatsoever and won't speak to them either, I'm afraid they will just keep calling.

How much longer will it take to collect together the money to go bankrupt? Are you sure you will be able to do this? Are you currently paying for any debts other than this loan?