Help With Harassment From Creditor

10past6

Good grief

I cannot believe how some of the stress has drained away from me since creating this thread, and the support I have received.

I cannot thank you ALL enough for the encouragement, and support to fight on.

I’m taking on board everything that’s been said above, including the letter by silvercharming.

Once again, many, many thanks to each and every one of you.:T

inmypocketnottheirs

Another suggestion for a letter that worked well in the past:

You have no right to continue your perpetual harassment by telephone call.
You are continually breaching section 40 Administration of Justice Act 1970. There are several laws which cover harassment of debtors by creditors as well as recognised guidelines which set out what is considered unreasonable behaviour by creditors.
The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner".
Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1977 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

One further telephone call from you will result in my reporting you to the Office of Fair Trading, Trading Standards, Credit Services Association and the Police.

Hope this helps.

10past6

Hi

Just an update, I'm still continuing to receive telephone calls from Northern Rock several times a day, they even called me on Sunday at 11:46 am.

I've told them and told then to contact Pay plan, which they refuse to do, although I don't know why, I've also informed them the amount of stress they are creating for me by their continious calls, which seems to fall on deaf ears.

I've also verbally informed them of the details stated in post #13, again they say they are within the law to call me, whilst talking to a member of staff, she kept reminding me of my outstanding balance, and asked was I not concerned about it?

I have now sent them by recorded delivery the letter supplied above by “inmypocketnottheirs”

I trust this has some effect on them.

Many thanks.

inmypocketnottheirs

I'd ask NR if they wan the BOE calling them on a Sunday! I think the above letter may help you.

Good luck

10past6

Hi

I'm sure NR have now received the above letter, as I've not received any phone calls today, the last one was 20:47 last night (I had 8 yesterday)

Because I've ceased answering their calls, I'm concerned they may contact my employer, are they able to do this, I work in a small family company, I would find the embarrassment overwhelming.

To some extent, although I'm trying to stay positive, NR have succeeded in what they set out to do, that was stress me out, I am really worried about the implications from them.

Another one of my creditors is Egg, I received a letter from them yesterday confirming my account was in default, I did contact them, amazingly, the person I spoke with couldn't have been more helpful or obliging, she stated as they (Egg) have received confirmation from Pay plan, I have nothing to worry about, the letter was computer generated, they will not send in the bailiffs, etc,. Etc, providing I keep up with Payplan, the reassurance when I came off the phone from Egg was unexplainable.

I am stressed out about NR, if they contacted my employer, I dread to think how I would handle it.

I know most people would say not to worry, and I'm not seeking attention, far from it, it's just that I've suffered 2 nervous breakdowns in the past, so I do tend to worry.

However, the reassurance from the good people here, has taken some of the pressure of me

Justin_GB

A couple of ideas,

1).Use caller display and if they call back do not answer.
2).Set up a message before you answer any call, (you can do this on any standard answer machine) "Your call is being reordered for security purposes...................", It is amazing how many people hang up when they hear that they are being recorded,
Justin

pollypickle

Northern Rock are not the only ones doing this - I have been having the same problem with Halifax for weeks now. On some days they have called 10 times. When I have spoken to them, they have assured me that the calls will stop, but they don't, so I don't answer their calls now. (They call from an 0870 # as they are not allowed to withold the #) The reason they keep calling is they say they have not received my updated plan from CCCS even though CCCS have assured me that they have sent it (twice). My other creditors have received theirs and have written to me to confirm this. Halifax have been putting pressure on me to make an extra payment and have issued a default despite the fact they are still receiving regular payments through my dmp. They have also started adding charges and interest again. I'm going to write to them to try and get this sorted but not holding out much hope. Has anyone else had this problem with Halifax? Would appreciate any advice.

monkey5_2

I hope this helps, I sent it recorded delivery and added some choice words of my own, havent heard a thing since

Your Address
Town
City
Postcode


DATE

Company Name
Address
Town
City / County
Postcode

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I consider to be personally harassing.

Please note that I have asked on numerous occasions not to be contacted by phone. Your company and the agencies you have subsequently appointed to act in your regard have consistently ignored this request. If this is not adhered to, I will be forced to follow legal steps.

I now require all further correspondence from your company to be made in writing only.

I have stated that due to the inordinate number of phone calls that I was receiving daily (on occasion these have numbered more than xx calls per day) even though I instructed your office not to call me, you were in breach of Section 40 of the Administration of Justice Act 1970 and would be reported to the Office of Fair Trading for the same. As these phone calls have now started again, in addition to the breach above, I will also be filing criminal charges under Section 2 of The Protection from Harassment Act 1997, if you or your representatives call me ONE more time.

Yours faithfully,



Your Name

10past6

Hi Justin

NR only have my mobile contact number, it's that which they call me on, all their calls have their number showing, time and date, which I have kept a record of.
Hi Monkey

I have issued the letter quoted by “inmypocketnottheirs” post #13 which is very similar to yours.

Thanks to everyone for your advice and support so far, much appreciated.

AGB863

[
I've told them and told then to contact Pay plan, which they refuse to do, although I don't know why,
[/quote]


This is quite a problem with some companies chasing for money and we have to remind them of the following section from the Debt Collection Guidance as set down by the Office of Fair Trading, to which these companies have to adhere to....., that they can not refuse to deal with someone working on your behalf

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers

d. contacting debtors directly and bypassing their appointed representatives

So if they refuse again advise them that they are breaking these guidelines and advise PayPlan accordingly.