DCA Harassment

bentalls

Morning all...
We have an outstanding CCA request with a DCA, the CCA is required to be sent to us no later than 29th March. The request was signed for on 19th March, so we know they received the letter. The issue we are having is that the DCA keeps on ringing! Despite the fact that the letter clearly states that we wish only to be contacted by post.
They rang yet again this morning - twice!
My question to you lovely people is: What can we do about this, if anything? We stated in the letter that any contact other than by post would be deemed as harassment - is there anyone we can report this to?
Many thanks
Bentalls

rog2

In the first instance you should report them to the Trading Standards, as they are ignoring the Office of Fair Trading Debt Collection Guidelines, by continuing to pursue you whilst the 'debt' is in dispute.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Which particular DCA is it? Some are worse than others.

Broken_hearted

It depends on whether you owe the debt and are looking for a loophole or you are being chased for a debt you don't owe TBH.

bentalls

Rog2, it is Clarity... Broken hearted, we are not looking for a loophole, we are sticking to our rights under the law

Broken_hearted

Loophole/rights if you ran up the debt pay it.

rog2

Broken_hearted wrote: »

It depends on whether you owe the debt and are looking for a loophole or you are being chased for a debt you don't owe TBH.

Actually, BH, that should not even come into the equation when discussing how a DCA should behave.
If the 'debt' is genuine, then the DCA should have no problem in providing a true copy of the original signed cca, which is the undisputed right of any 'alleged debtor' to request and the legal obligation of anyone (whether they are the original lender or not) who is pursuing the debt, to provide.

Broken_hearted

Yes ROG but they know the owe the debt, two phone calls isn't that bad just remind them to communicte in writing.

bentalls

Thank you, Rog2, that's what I was trying to find words to say! The debt itself is largely irrelevant to my question, I merely wanted to know where we stood in regards to being harassed after we specified contact only by post. Would I be right in assuming I should report them to TS where they are based (ie Northampton), or to my local TS branch?

bentalls

BH, it was 2 phone calls TODAY, not in total

rog2

bentalls wrote: »

Rog2, it is Clarity...

Based in Lamport, Northamptonshire - they are, relatively new (established 2005) but seem to be very aggressive in their approach to debt collection.
Still does not give them any rights to ignore your requests, though.
You can talk with Trading Standards - or one of the Debt Counselling Charities - they should be able to give you the best advice on how to stop these 'people' from harassing you whilst you are waiting for information, from them, that will clarify if the 'debt' is genuine, and legally enforceable or not.
Once you have this information, you will be better equipped to 'deal' with it.
If they don't provide you with the information, then, quite simply, they can no longer enforce the 'debt'.

stapeley

hi Have a pen and paper ready by the phone . Have a list of questions ready to ask them , such as , may I have your full name and position in the company ? . Can I have your full company name and address with contact phone numbers ? Ask for there managers name . TAKE PLENTY OF TIME . By this time they should be gettin worried . If they ask why ,say it so you have all the correct details for a report for harassment to be sent . These people have a script to stick to when they ring up , all to lead you to make some kind of payment over the phone . Never pay over the phone ! good luck