What time of day can DCAs legally start calling?

Penny_Racer

Hi,

Northern Rock are calling me most days at either 8.30am or 9.00pm.
I have asked them to stop calling as I only want to communicate through letters. :mad:
I guess I need to put this in writing though. Can anyone point me in the right direction of this template?


Thank you so much.

Larumbelle

Hi Penny

OFT guidance states that contacting creditors at unreasonable times is an offence, and also that it is an offence not to observe reasonable requests regarding when and where they contact you. They also state that contacting debtors at unreasonable times and/or unreasonable intervals is psychological harrassment. You can read the full document here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf


If the DCAs do not comply with this the OFT has the power to take their license off them. The OFT wording is a little vague but could quite easily work in your favour. The DCAs hate people who know their rights and are unlikely to allow themselves to be drawn into a situation that puts their working methods under the spotlight.
Therefore you might want to write and tell the DCA that you know the rights detailed above, and that if they do not cease you will report to both OFT and trading standards that they are behaving in this way, and therefore you believe they are unsuitable to hold a consumer credit license.
I'm sure you can put something together, if you want to run it past us before you post it (recorded delivery) that's fine, put in your own words and one of us will 'tidy it up' for you.

Hope this helps

Penny_Racer

Thank you so much. Will do just that. xx

mummum2

NR was calling me like that at the beginning. Even after I gave them my reference number and told them to speak to DMC was told it's my debt and will not be communicating via a third party or take notice of any letters asking to only have correspondances via mail.

Also was told that their were within their rights to call me at any time they deem fit - as I had not stuck to my original contract. DMC called them, they in turn called me ( I did speak to them, and in fact to be honest didn't get any aggression, just kept giving my reference number and stating that I was unable to make payment as this is forthcoming via DMC.

Received a letter on Monday - they have accepted payment for six months thanks goodness. Not looking forward to dealing with them again in April '08, as I truly believe that's where the real problem will start with them.

Good luck Penny

Snaggles

Hiya, I've got a template letter you can try - I'll just go and find it!

Snaggles

Dear ........

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.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

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.

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

Penny_Racer

Thanks Mummum and Snaggles.

I've been searching for that template for hours!!!!!
You are a STAR!:kisses:

Penny_Racer

Snaggles,
Forgive me for being a wally but when it says (FULL DATE) does this mean todays date?

Snaggles

I'm so sorry, I've only just noticed this - probably too late now but yes, todays date.

tigerfeet2006

Don't forget to send it recorded delivery either so they can't say they haven't recieved it!!

Sorry can I be rude and ask if you are paying for the service offered by DMA?