Bank Harrassing By Phone

orpheus

Hi Becca,

Your call for advice has certainly stirred an interesting debate.

However, the fact remains that in my case, and clearly, in others, the letters DID work and the call stopped. So, whatever the correct interpretation of the laws and guidelines, it's worth trying it.

squirrel_pigeon

Hi. You may not be aware (CCCS should have told you) but HBOS have changed their policy re DMP customers. They will freeze interest for 12 months and then restart it. After approx 3 months they will pass your debt to Blair, Oliver & Scott who will then freeze interest.

This has happened to me - BO&S are ok - they actually send you regular statements and as long as you keep making payments, all they need is a budget review every year and they're happy.

Tootsie_Roll

orpheus wrote: »

Hi Becca,

Your call for advice has certainly stirred an interesting debate.

However, the fact remains that in my case, and clearly, in others, the letters DID work and the call stopped. So, whatever the correct interpretation of the laws and guidelines, it's worth trying it.

This is actually a very good point, whilst it may not be appropriate to quote incorrect legislation or guidelines there is nothing to stop anyone from asking for contact to only be made in writing.

nottoolate

CCCS_Emily wrote: »

You can mention the OFT guideline as they are relevant, as Rog_2 says the interpretation of these guidelines buy the person receiving the calls is equally as valid. So, if the calls are interpreted as harassment this is good enough reason to request that the calls are stopped and the telephone number is either removed or stopped being used.

cccs say they are are relevant and correct (although subjective), and they seem a bit more trustworthy

tigerfeet2006

Try something like this letter to the bank.

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.

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,

nottoolate

put the dpa request bit in as suggested by cccs as well

not sure about the wireless telegraphy bit? never seen that on letters before

the rest is very similar to the letters that worked like a charm for me

Tootsie_Roll

CCCS_Emily wrote: »

I will investigate the DPA rule as I still do not think that would apply - you can't give your permission at the time of application then withdraw it when the mood suits you.

Basically you are asking the creditor to stop using your telephone number because they are abusing the information by using it to harass you. A telephone number is not essential information for the contract with the creditor to continue and you are withdrawing your consent for them to use it.

The links below are a good guide for how to go about putting together a letter to the creditor requesting they stop calling. You can mention the OFT guideline as they are relevant, as Rog_2 says the interpretation of these guidelines buy the person receiving the calls is equally as valid. So, if the calls are interpreted as harassment this is good enough reason to request that the calls are stopped and the telephone number is either removed or stopped being used.

http://www.ico.gov.uk/Home/what_we_cover/data_protection/your_rights/preventing_processing_of_information.aspx

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/how_can_i_stop_them_processing_my_personal_information.pdf

I do not think you are considering this through to it's logical conclusion. Leave aside the DPA for one moment and focus on the OFt guidleines and Harrassment. We agree that this is very subjective so for anyone considering this course of action they have to prove 'beyong reasonable doubt' that harrassment has occured. It is not sufficient to simply state to a court that you think it was too much, the lender can simply turn around and state that they don't think it is. What substantive proof can you provide to prove your case ?- it may come in the form of phone records that clearly show 75 calls were made in one day but without it you cannot proceed at all therefore quoting it unless you have proof is pointless.

Now back to the DPA; both links you have provided do not cover this situation. In fact on page 6 of your second link it even states 'section 10 will not apply when the processing is necessary for the performance of a contract to which you are a party.' Please let me know if you think there are other relevant sections of the legislation that you think apply in this case. I suspect that it will always boil down to the interpretation of the law again so there will always be a burden of proof on the claimant.

So I stand by all my comments so far. You can request that creditors stop calling you but you cannot enforce it using the guidelines or law.

nottoolate

mine had something similar to another letter i just found here

maybe put in instead

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,

nottoolate

beccabooboo

tootsie is trying to mislead you, so i would trust cccs

i think they have slightly more idea what they are on about:p

rog2

Tootsie_Roll wrote: »

You can request that creditors stop calling you but you cannot enforce it using the guidelines or law.

Fortunately, T Roll, you can indeed use the law to ensure that creditors stop 'harrassing' you.