Bank Harrassing By Phone

nottoolate

maybe something like this????

i made the dpa bit up quickly, so it might not be perfect

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.

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.

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.

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

In addition I also withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my telephone numbers registered with you or stored on your systems/records. The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

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

not sure about the wording , but you get the idea

Tootsie_Roll

nottoolate wrote: »

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

Mislead !! You are mad !

I am having a debate about the application of laws and guidelines relating to this thread. So far no-one has been able to produce anything that contradicts my claims including you - perhaps you and 'RTWD' should refrain from posting when you are unable to grasp all aspects of the debate or add anything of value.

RAS

Can we cut the personal insults please.

nottoolate

Tootsie_Roll wrote: »

Mislead !! You are mad !

nope.

i have also spoken to the information commissioners office this morning to check out what cccs says. the ico confirmed they are exactly right. you are perfectly within your rights to make the section 10 request regarding just the phone numbers and the creditor must comply.:p

rog2

Tootsie_Roll wrote: »

Mislead !! You are mad !

I am having a debate about the application of laws and guidelines relating to this thread. So far no-one has been able to produce anything that contradicts my claims including you - perhaps you and 'roger the work dodger' should refrain from posting when you are unable to grasp all aspects of the debate or add anything of value.

Post reported as abusive.

nottoolate

beccabooboo

the information commissioner's office told me that you should make the 'section 10' request separately to the 'data controller' according to the guidance in the two links posted by CCCS_Emily.

they have 21 days from when they received the request to write back to confirming they will comply, and 28 days i think to actually update their recoreds and stop using the data.

hope that helps

perhaps someone can find or write a letter, as i don't think the wording i did earlier was that great.

Tootsie_Roll

nottoolate wrote: »

the information commissioner's office told me that you should make the 'section 10' request separately to the 'data controller' according to the guidance in the two links posted by CCCS_Emily.

I can only surmise that the person you spoke to hadn't even read their own guidelines - not so surprising for a goverment agency.

Simply - this would be an abuse of the process as the dpa just isn't relevant in this scenario.

But hey - you wont take my word for it so carry on and waste everyone else's time including your own.

nottoolate

Tootsie_Roll wrote: »

I can only surmise that the person you spoke to hadn't even read their own guidelines - not so surprising for a goverment agency.

again, nope

in fact it took them quite a while to answer the query since they had to go and consult those guidelines and then go and check that with one of their legal team.

:j

rog2

Tootsie_Roll wrote: »

So far no-one has been able to produce anything that contradicts my claims including you - perhaps you and 'RTWD' should refrain from posting when you are unable to grasp all aspects of the debate or add anything of value.

Firstly TRoll - it would appear that nottoolate has produced exactly what was needed to contradict your 'claims' - well done ntl. :T

Secondly, I note that you have, somewhat hastily, edited your post to try to 'disguise' the personal insult that you made directly to me. No matter - you can not 'edit' it out of the quote in my reply.