Being threatened with "door step collections"

aja22

Just a quick further question, after reading the factsheet on harrassment, do we have grounds to make a complaint due to the fact that, when they phoned 3 months ago, and i told them "statute of limitation," their response to me was "but your wifes already made a payment" therefore misleading me to believe that as a payment was made, we couldn't use this argument, or is this gonna be too hard to prove?

a case of "this call will be recorded for training and quality purposes, unless it makes us look bad"

...edit:- just re-read it, the Malicious Communications Act 1988 part does state the letter or article sent would have to contain: .....so im guessing a transcription of telephone communications doesn't count? if, indeed i could obtain one?

[Deleted User]

Tell em to swivel; if they want to waste time on your doorstep than let them. Remember they have absolutely no power to make you do anything.

rizla_king

fatbelly wrote: »

If there was a period of more than six years without payment then it became statute barred at that point, and remains so.

That would give you a complete defence to any court claim, and gives you the option of making no further payments.

Send them the letter #6 in this thread

https://forums.moneysavingexpert.com/discussion/2606811

(but don't quote s40 AJA. stop that sentence at harassment.)

Send recorded, keep a copy and if a doorstep collector calls, he can have a further copy of it.

Yes, send that.

aja22 wrote: »

Just a quick further question, after reading the factsheet on harrassment, do we have grounds to make a complaint due to the fact that, when they phoned 3 months ago, and i told them "statute of limitation," their response to me was "but your wifes already made a payment" therefore misleading me to believe that as a payment was made, we couldn't use this argument, or is this gonna be too hard to prove?

What's to prove? If there was more than a 6 years gap then it's statute barred and still is.

Helix can **** off.

aja22

I know the debt is now unenforcable, my question was whether or not she had valid grounds to claim harrasment, re: malicious communications, but i feel this would be difficult to prove...

rizla_king

I think you should probably just concentrate on getting rid of them and be happy at that.

aja22

rizla_king wrote: »

I think you should probably just concentrate on getting rid of them and be happy at that.

Yeah.....after calming down, I'm gearing towards this conclusion

BTW...quick update, the first letter i sent was recieved friday, by someone who's signature wouldn't look out of place in a GP's office :eek:

They did NOT contact the wife on saturday, as they claimed they would, and no one came to the door.
The second letter (the statute barred one) was sent today.....

....now we wait...

National_Debtline

Hi aja22

If you wanted to pursue any breach of the Malicious Communications Act 1988 you might need to seek legal advice. It's fair to assume - as you acknowledge - that the weight of evidence required might be an obstacle, though. The wording of the Act does extend to oral communication within the meaning of the Teleccommunications Act 1984, so the content of a phone call should fall under its remit.

A simpler route if you want to take Helix to task might be a formal complaint to them and subsequent escalation to the Financial Ombudsman Service.

Kind Regards

Dennis @NDL

aja22

As i dont recall the "this call is recorded" disclaimer being read to me, (better half doesnt remember either) then i feel this isnt even worth the cost of a SAR, never-mind the solicitors fees, wish i'd read the "use your old modems as a call recorder" thread earlier