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Bullying Phone Calls

Sorry I haven't been on the forum for a long time but I am looking for advice. I, like a lot of people, have occasionally fell into arrears with a couple of companies but my REALLY annoying issue is the phone calls made by the company to contact me. I work full time and part time so I am not in my house very often but my 18 year old daughter (whos nothing to do with my debt) is. Blackhorse, to name one company, have my house no and my mobile no and everyday I am in arrears they have phoned both numbers at least FOUR times each. Littlewoods catalogue are also the same. I think this is ridiculous and bullying. Further to this I am asking your advice as to whether this is in contravention to 'Article 8' of the ECHR? Hope you can help.

Comments

  • Buzby
    Buzby Posts: 8,275 Forumite
    No it isn't. Debt collection is fully allowable, and the standard response is if you paid what you agreed, they wouldn't be calling you to enquire.

    The solution is easy. Dump your existing numbers and start afresh, by not providing them with anything that connects with you. This will provide a bit of peace and quiet. Do remember, this is an automated process for outdialling and usually drops in intensity if they make contact.

    Get a virtual number and point this to your existing number for a couple of calls having given them the change of number info - but they may revert to the original (which they'll retain) - which is why a clean cut is best.
  • john1
    john1 Posts: 424 Forumite
    Part of the Furniture 100 Posts
    housty34 wrote: »
    Further to this I am asking your advice as to whether this is in contravention to 'Article 8' of the ECHR? Hope you can help.


    ECHR may or may not help you but either way it wont be quick


    However if you have a look at http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf
    Office of Fair Trading -- Been contacted by a debt collector?


    see in particular


    The debt collector should NOT:

    • harass you by calling you frequently or making threatening statements or gestures.


    So I guess you have to tell them verbally and confirm in writing if they dont stop calling you so often you will be reporting them the Office of Fair Trading (OFT).as they appear to be acting contary to their consumer credit licence


    To confirm they have a current consumer credit licence see http://www2.crw.gov.uk/pr/Default.aspx
  • I'll be honest, you need to engage with them. As soon as they can't contact you, they'll take that as non engagement and take it through courts...and that is where it gets messy and does not end well for you.

    Johns post above is correct, and that would be your first route i would write a letter to both debt collection companies and the parent companies outlining the volume of calls is harassment and should they not scale back accordingly you'll head to the OFT

    What you really need to do, is sit down and work out your finances, can you afford to bring the arrears back down so your back on track? i presume not.
    So you'll need to look at setting up payment plans at what you can afford not what they want you to pay, but still the payments need to be high enough to counter interest etc etc.

    Failing that do you have any credit cards you could perhaps switch the debt too? At least that way, you have the option of making the lower minimum payments each month until you can sort out a budget and start bringing them down.

    What ever you do, do not bury you head or hide from them, you want to be seen as engaging to solve the problem.
  • I had a similar problem with MBNA, who despite letters several letters asking for all communication to be in writing they decided to ignore me and break the OFT Guidelines and the Telecommunication Act

    I dealt with AIC - MBNA agents - by telling them that by continuing with the call they agreed to me recording that call and doing as I saw fit with the data, including posting on the net if they made mistakes
    When I called them to discuss (at a time convenient to me) they were all nicey nicey as they knew the call was being recorded.

    All of a sudden the calls stopped :D or dropped by 90%.

    Another option is a Trucall item- this intercepts calls and stops them getting through, although it is around £100

    Don't take any carp from them and remain calm.

    I would also advise taking advice from free bodies, such as CCCS, CAB etc. Don't pay for debt advice
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