1monthloan Refuse Request to Coomunicate in Writing Only

Tixy

Common_Sense_2 wrote: »

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.

The Information Commissioner has stated that contact details in the form of a correspondance address is sufficent to fulfil contractual obligations. Providing they have an address (or in this case alternative numbers as well perhaps?) then a section 10 notice for the work number would be valid and to ignore it would be a breach of the DPA

michael1983l

CHR15 wrote: »

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.

Why do people assume things, I am in dialogue with them, they know I am filing for bankrupsy yet they still call. Anyway as I have specifically asked for writing on any communication. As is advised by CAB.

ILW

If they know you are going bankrupt, they have nothing to lose, and all to gain by putting a bit of pressure on.

geoffky

TIXY...what should his next step be to try and stop these phone calls?

pebble65

CHR15 wrote: »

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.

Actually it can be extremely difficult for someone with mental health issues such as stress to deal with triggers like this whilst being able to deal brilliantly with non-stressful issues.

OP you could try the following excerpts (adapt as you will_ from a letter I wrote to one of my creditors-no need to mention stress/health issues if you dont want to)

1)
that I asked you to ONLY contact me in writing but that your company is now ringing my home , mobile and workplace at very short time lapse intervals between the calls which could indicate that they could be intended to be harassment so in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing and after notifying you that I have a mental health issue which is specifically exacerbated by receipt of said calls, I have requested that these stop. I now require all further correspondence from your company to be made in writing only.

2) 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.

3)
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 could be liable to a substantial fine.

4)
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 and I may walk away from the phone to protect my health.

5)
Please inform the Data Controller of (name of company) that under Section 10 notice under the Data Protection Act 1998 I withdraw my consent 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 contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

6)
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 numbers may 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 (insert 28 day date plus 1 day). I am advising you that any further calls received maybe recorded with the intention of them being used as evidence. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance

I feel I have had to issue such a strongly worded letter because I believe your actions and responses may be in breach of Office of Fair Trading guidance and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:
The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.
CONTACT ME IN WRITING ONLY NOT BY PHONE



OK op I hope that helps

Apples2

Sorry OP - going off topic for a sec

Where does Depression end and Mental Illness start?

I can't believe we have so many people suffering mental illness all at the same time on MSE.

Depression is perfectly understandable, including a trip to the docs for anti-depression drugs but this is a World away from having a true mental illness.

Reminds me off all the people who can't spell having dyslexia.

pebble65

Apples2 wrote: »

Sorry OP - going off topic for a sec

Where does Depression end and Mental Illness start?

I can't believe we have so many people suffering mental illness all at the same time on MSE.

Depression is perfectly understandable, including a trip to the docs for anti-depression drugs but this is a World away from having a true mental illness.

Reminds me off all the people who can't spell having dyslexia.

Clinically diagnosed Depression is a recognised mental health issue , especially if severe-and 8 years on anti depressants, having £13500 debts and aggressive debt collectors was no fun. Thankfully i am recovering, have been of the drugs for 3 years and am in my last year of paying the debt off now (£3000 to go) . If people knew just how debilitating severe depression can be , they might not treat it with so much disdain-not that I am saying you are but people do and it can be very hurtful if you are in that state. 1 in 4 people suffer from mental illness of some sort during their lives so there could be lots of mse'rs with mental health issues. Getting back to the Op's dilema, he says "but at the moment I have quite a fragile mental state" which is why I posted my reply and left the mental health issues bit in. And my spelling does go awry when I am stressed! OP however wanted to know what he could do about the calls which is why I gave my advice

michael1983l

Apples2 wrote: »

Sorry OP - going off topic for a sec

Where does Depression end and Mental Illness start?

I can't believe we have so many people suffering mental illness all at the same time on MSE.

Depression is perfectly understandable, including a trip to the docs for anti-depression drugs but this is a World away from having a true mental illness.

Reminds me off all the people who can't spell having dyslexia.

With all due respect Apples if a doctor refers you to a councillor and they then further refer you to a cognitive behavioral specialist then the people in the know clear think that something is wrong.

Cronic Depression or Bi-Polar condition is not just something you get by having a few debts. Waking up in the morning and not being able to think of a single thing that will make you happy to do is horrible. When you have no outlet for this and then you have lenders breathing down your neck even though you don't have enough money to put food on the table never mind pay payday or any other type of loans then this just compounds the issue.

Inability to form relationships with people and those that you already have systematically destroyed by your subconcious destroying everything that you have built as a self defence mechanism. Your family torn apart by the fact that you cannot control your mood swings and the fact that you can erupt in a rage for anything at any time.

Mental illness is a disability as far as I am concerned and there has been many an occasion that I have thought that taking my own life is by far the better option.

The reason I don't tell people about my mental ilness of which I battle with every day and for the last 10 years or more is because of attitudes towards it exactly like your own. Nobody can understand what it is like to have a mental ilness unless you have suffered from it.

I can't talk for anybody else but I would swap my mental illness for testicular cancer if I had the opportunity to.

Today was my lowest point ever, I had to pawn my wedding ring to buy some food, I hope you never have to experience something like that.

michael1983l

Thank you pebble, they have not replied to me so far but if they continue to call my work then I will use your material. Thanks very much and thanks for the understanding too, if only others could be as empathetic

skintandscared_2

Apples2 wrote: »

Sorry OP - going off topic for a sec

Where does Depression end and Mental Illness start?

I can't believe we have so many people suffering mental illness all at the same time on MSE.

Depression is perfectly understandable, including a trip to the docs for anti-depression drugs but this is a World away from having a true mental illness.

Reminds me off all the people who can't spell having dyslexia.

One in four of the population will suffer with some form of mental illness during their lifetime - whether it be a brief spell of depression or a full-blown condition. Unfortunately it does affect a lot of people, and there's likely to be a high proportion of sufferers in forums like this due to the erratic financial behaviour that CAN go with many of those conditions.