Hi Guys, I have been reading this thread with interest and been on a bit of a crusade, I have put below a rather long process which does seem to work, I also have the official claim forms for the regulatory bodies, if anyone needs them, please let me know. I have also put together details of doorstep visits and recording Telephone calls, The flicking the reciever and then asking for the callers details really does work...!!!! Hope this helps guys. Dealing with Lenders Telephone Calls: Introduction Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the data Protection Act (DPA) and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it. First Stage: The first part of the process will start when you have received your assignment letter. It is imperative that you send the lender a `polite` letter informing them that you withdraw your permission to be contacted by telephone and any correspondence should be in writing only and sent.. The letter to be completed for each lender is as follows: Tuesday, 20 April 2010 Re: Telephone Contact. REGISTERED MAIL Lenders Address. Xxxxxxxxxxx Xxxxxxxxxx Xxxxxxxx xxxxxx Re: Account Number: xxxxxxxxxxxxxxxxxx Dear Lender, I hereby formally remove any authority for you to contact me by telephone either at home or my place of work. Should you feel the need to contact me again you must do so ONLY IN WRITING. If you ignore this instruction I will have no alternative but to seek legal redress under the Administration of Justice Act 1972. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Thank you. Yours sincerely Mr/Mrs XXXXXXXXXXXXXXX Enclosures (3) Second Stage: Should the lender ignore this letter, they are not adhering to the industry guidelines and the following letter should be sent, again recorded / registered post and please retain proof of posting: Your Address Here Xxxxxxxxxxxxx Xxxxxxxxxxx xxxxxxxxxxxx Tuesday, 20 April 2010 Re: Telephone Contact. REGISTERED MAIL Lenders Address. Xxxxxxxxxxx Xxxxxxxxxx Xxxxxxxx xxxxxx Re: Account Number: xxxxxxxxxxxxxxxxxx Dear Lender, Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue. This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems. 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 of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped. This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution. 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. Communicate in writing and ONLY in writing, your telephone calls will NOT be answered. HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES. I trust that I have made myself understood on this matter, Yours faithfully, Insert Name Third Stage: Calls by this stage should now have stopped, if not, you should then issue an official complaint, this again must be sent by registered / recorded delivery, please keep proof of purchase: Tuesday, 20 April 2010 Re: FORMAL COMPLAINT. REGISTERED MAIL Lenders Address. Xxxxxxxxxxx Xxxxxxxxxx Xxxxxxxx xxxxxx Re: Account Number: xxxxxxxxxxxxxxxxxx Dear Lender, FORMAL COMPLAINT - 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 deem to be personally harassing. I have also written to you expressing my wish to be contacted only in writing, which was sent to you by recorded delivery. I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure. Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so. Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**) Yours faithfully, Insert Name. Fourth Stage: I hope we never have to get to this stage, if the lender continues to call you, then we will provide you with the official complaints procedure to the relevant bodies. Additional Information On Doorstep Visits: Under no circumstances can the lender / debt collector visit your premises un-invited, however, should they call at your home: Please see the letter below, insert your Account reference and print your name, do not sign. Tell them to leave as you have nothing to discuss and all communication must be in writing. Tell them you will call the police if they don't leave immediately. Remain calm and polite at all times. Walk away from the door so the visitor cannot try and talk to you. If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave. Dear Sir or Madam, Account Ref xxxx Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384 . per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully, Remember to print your name never sign it. Additional Information On Recording Calls: TIP: If you do not want to go to the expense of buying a voice recorder, when you answer the call, ask the caller to wait a moment, flick the speaker with your finger and inform the caller that this conversation is being recorded, you will be surprised at the change in tone. Can I legally record telephone calls? Top of Form Bottom of Form Yes you can. You do not have to give a warning that you are recording telephone calls if the recording is subsequently to be used for your own purposes. Your own purposes includes use in any court action or claim against a person or company for harassment. There is no problem about using telephone recordings which have been made secretly as evidence in a legitimate complaint. However, if you are at all unsure about this, then the matter can be put beyond doubt by ... serving a general warning to each company you deal with. Quote: Your address Date Their address Dear Sir/Madam Account reference number: XXXXXXXXXXXX Notice of telephone recording This is to put you on notice that I routinely record both incoming and outgoing telephone calls and that I may store and use any such recordings for any lawful purposes. This notice applies to you and equally to any party to whom you may at any time decide to pass on my business for whatever reason. Please note that I am not under any legal obligation to supply you with this warning. I do so simply as a matter of courtesy and to put the matter beyond doubt. You should take it upon yourself to pass this warning on to any third parties with whom you decide to share my personal data. This formal notice needs no acknowledgement, reply or any acquiescence from you. This notice has been sent to you by "signed for" Special Delivery. Yours faithfully XXXXX Sign the letter. You do not need to send this letter to each new DCA which contacts you if you have previously sent this notice to the bank or other institution whose business the DCA is handling. This letter covers it all. If your bank can be bothered to send your file to a DCA then the file should include this formal notice. If it doesn't then that is the responsibility of the bank. They should be more careful. However, don't forget that it is not necessary to put companies on notice if you are using the recordings for your own use. This letter is intended merely to put your own mind at rest if you are at all anxious about recording your calls. If you are called by your bank or a DCA and they ask you if you are recording the call, refuse to reply and insist that they continue the purpose of the call or hang up. Do not get into any discussion as to whether or not you are recording the call. Just refuse to answer or to give any response to such a question at all.