Capital One - Telephone Harrasment Letters Ignored!

nottoolate

example from previous thread

The date

Your name
Your address



Dear

Re: account number / agreement number

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

Your 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 will be passed both to that office and to Trading Standards.

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.

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

In addition I also withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my 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.

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,

HatchiDog

Excellent I'm glad it gets my point across. I wanted to try and cover everything and leave no misunderstandings. I'll also send a letter asking for some time, I think i've got a letter explaining i am seeking advice and asking to freeze the account for 30 days so i'll send that off separately.

I'm not trying to upset them but there upsetting me by hounding me at home so I do think i have the right for that to stop. How many other people are they driving mad!? I hate to think, someone needs to put there foot down.

HatchiDog

nottoolate wrote: »

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.

Excellent letter. I forgot to add the time limits in mine!! oops

HatchiDog

By the way does anyone know if it is the Compliance Manager or Data Controller I'd need to send it to?

DVardysShadow

FireWyrm wrote: »

I disagree with DVShadow...

Yes, it's allot of information, but as my English teacher once said, "You can't describe a ball of spit in under 100 words". The OP has made his point, he has quoted the law, they have been duly warned. It's not for the OP to pr!cis his point, it's for them to read it and understand. Should this go to court, he can produce this letter and the judge will wonder why they neither read nor obeyed his request.

Exactly. As I said, it is enough to let them stitch themselves up.

You can probably quote laws at them until you are blue in the face, they will probably continue harassing. The OP's letter is probably not the one which will stop them. But it is the right letter to demonstrate that they have been told as part of a process of stopping them.

nottoolate

draft at the moment but also worth bearing in mind

http://www.oft.gov.uk/shared_oft/consultations/oft664con.pdf

3
UNFAIR OR IMPROPER BUSINESS PRACTICES

Communication

3.1 It is unfair to communicate, in whatever form, with consumers, in an unclear, inaccurate or misleading manner.

3.2 Examples of unfair practices are as follows:

j. contacting debtors at unreasonable times

k. ignoring or disregarding debtors' legitimate wishes in respect of when, where and how to contact them, for example, shift workers who ask not to be telephoned during certain times of the day, or some debtors may request contact by letter rather than by telephone