Harassing phone calls and threats

[Rainmaker]

Hi guys,

 

I'm hoping someone can offer me some advice, if that's OK. The facts in brief are these:

 

From 2008 until December 2009 I held credit cards with Capital One, Natwest (x2) and CitiBank. The amount of credit due (i.e. "used") on the cards totalled approximately £7,200.

 

CapitalOne wrote to me in 2009 to inform me that 'due to the credit crunch' they were increasing the interest on my £1,100 account to almost 40% (39.5% iirc). Basically I am on DLA and Income Support and started sinking under repayments to my creditors due to the interest piling up faster than I could pay off the accounts. I ended up "circling" my payments, using one card to pay another and wiping my weekly income out in the process. It got to the point where we were going without food to pay the interest, and the bills just kept growing instead of shrinking.

 

I have since been advised by National Debtline to apply for a DRO. I ceased payments on all accounts as my budget sheet shows I have MINUS £30 a week to offer to creditors. I then wrote to the creditors to inform them I was experiencing severe difficulty, compounded by my medical needs, and would be taking professional advice. I asked them to freeze interest and charges, as well as any action on the account, until I had chance to clarify my position.

 

CapitalOne and Citi have basically left me alone to give them their due. I have kept them updated (house move, increased rent = less income etc), and they called once to confirm there had been no further changes. That's fine by me.

 

Natwest on the other hand, have been calling me between two and 10 times a day, every day (including Sundays) starting at around 8am and finishing at approximately 9 to 10pm. This is understandably distressing, having to go through the rigmarole of confirming details, clearing security, and explaining AGAIN to the manager that they ought to read their notes, abide by my no-calls letter, and await resolution of the issue.

 

They apologise, promise (after some pushing) to remove me from their dialler, and then the calls start again the next day. Being ill (currently very much so) and often bed-bound, these calls are distressing, tiring and frankly making me more ill. I have been placed on anti-depressants by my GP who has advised my blood pressure is very high lately.

 

I can ignore my mobile (I refused to give my home phone number thankfully) but I NEED to keep it on and close by due to my health condition. Even if I ignore their calls, I have to listen to my phone ringing out up to 10 times a day, which is very stressful indeed as I know exactly who's sat on the other end waiting to badger away at me whether I answer or not.

 

I have threatened them with the OFT and TS, but they just apologise and "promise" it won't happen again. Don't get me wrong, I'm rather familiar with the whole DCA 'scene' and have helped quite a few people in the past (letter writing using the templates etc). Generally they don't bother me in the slightest and I actually rather enjoy my 'sport' with them.

 

However, and this is the crux of my post, now Natwest have passed my accounts onto Triton Credit Services (part of RBS, their parent bank), who are also badgering me. I've had them writing to me almost daily, phoning me (in addition to the calls from Natwest themselves), and threatening me with court "within 7 days" if I don't pay the full amounts due.

 

I have explained (again) the situation, offered to write to them with confirmation that I'm seeking a DRO and in the process of drawing up paperwork, and ask that they cease and desist from harassing me contrary to the Administration of Justice Act and Wireless Telegraphy Act. They just scream at me that I'd better pay or else their solicitor will be seeing me in court next week (LOL)... and then they hang up.

 

How big they must feel to shout at vulnerable people, before hanging up so they don't have to suffer any replies or verbal defence.

 

I am now in the process of switching this matter to my solicitor, as opposed to National Debtline - who told me I was a waste of their resources today, because I didn't return their second form after moving house, and the first was lost in the post. I should have used my solicitor in the first instance to be honest. They will be seeing me in their office, then taking over correspondence with the DCA and CC companies in due course, while they file for a DRO on my behalf.

 

Meantime, does anyone have any advice? I'd really like to get these monkeys off my back as they're literally damaging my physical and mental heath. Thanks in advance for any help, please don't hesitate to ask for further details that may be of use to anyone kind enough to help me.

[buzzard10]

Never speak to them on the phone.

 

Can you change your mobile number? as that will solve the problem of numerous calls at all hours.

[silverfox1961]

As you have sent them the telephone harassment letter, I would now involve Trading Standards. If you have told them that you are ill then they should be treating you as a vulnerable person and not calling. I would also raise a formal complaint with them and if they ignore that, you can then go to the FOS

[paul01609]

if you can afford it get your self a truecall system i just got mine today and all i can say is its silent

[diamondgirl]

Hi Rainmaker

Sorry to see that your ill but please try not to let this get your down I know it's hard but your amongst friends who will do their best to help you.

I would get your MP involved in this especially with it being election year they are going out of their way to help people.

Get a letter off to Trading Standards and the OFT then send a copy of the letters off to your creditors.

If you can get your mobile no. changed, if its pay as you go get someone to go get you a new sim card and just give the number to the people you want to have it. If its not see if your provider can do anything to help you with these calls like barring all calls except for family, friends, doctors etc., with you being a vulnerable person.

DG

[Rainmaker]

Thanks for the replies. A TrueCall isn't really feasible since it's a mobile number, but since I'm in contract I'm pretty sure my provider will be happy to discuss a new number or else call barring. Thanks for the suggestions re: Trading Standards and my MP (I hadn't thought of that one!). Plenty to chase up now, and feeling rather more optimistic. It's nice to be reminded you're not alone in these matters; since I'm usually the one dishing out the advice it's rather back-footing to be suddenly on the receiving end of things!

 

Cheers.

[debt4get]

depending on what mobile you have it is possible to block calls from numbers that are not in your phonebook

[debt4get]

the other way is to absolutely refuse to go through security with them.. or say one moment put phone on table and go and make a nice cup of tea/coffee put your feet up....watch tv...etc etc they eventually get the message

[Yorky2008]

Next time they ring, stop them and say that due to the nature of their calls you have now installed a recording device to enable you to take a case forward against them - even if you havent

 

That should put the willies up them and stop them calling.

[Huff&Puff]

This is pure harassment

 

Log every call, refuse to go through security (which does have the added bonus of winding them up like nothing else), and report them to Trading Standards and the OFT.

[Rainmaker]

I saw the solicitor today, and provided him with all the relevant documentation (budget sheet, creditors list etc). He's happy to proceed with an application for a DRO and will be writing to the creditors and agents involved to take over the handling of correspondence.

 

He's advised me to place a complaint with the OFT (as several people have in this thread). I took great pleasure in making one final phone call to each creditor/DCA to confirm their postal address for correspdondence and informing them my solicitor was taking over the case.

 

Several (notably CapQuest) tried to extract "the minimum payment we can accept to hold your account - £70"... I was quite calm and happy to tell them to foxtrot oscar; and that I didn't really care whether or not they held the account as my solicitor was being paid to handle all that. They didn't find that too amusing.

 

I made one final call to Triton (who were so abusive and rude to me recently). As pure good luck would have it, the same 'agent' answered my call today... haha... I took great pleasure in calmly informing them that it was just a courtesy call, that no thank you I wasn't intending to pay anything, and was simply ringing to provide them with my solicitor's address and contact details.

 

I made double sure to let the "lady" know that following her "colleague's" behaviour the other day - I was using the call recording I'd saved to report them to the OFT for harassment and breaching the OFT's guidelines. To say she quietly had kittens is an understatement, as she knew full well that SHE was the agent with the questionable conduct I was talking about. She became much more brown-nosey after that. LOL

 

So all in a good day. Things are moving forward and I've been told to refer any callers to my solicitor's office number so he can make a log of their continued harassment. He seems confident the calls will stop pretty quickly now. Thanks again for all the advice.

[oilyrag]

Hi Rainmaker,

 

I would not bank on the calls ceasing completely regardless of having your solicitor's details on record with them. We have been in this situation for a number of months now. The calls have reduced dramatically down to a couple a day for each of us but we have more DCAs chasing than we have accounts. Mercers, Calders, Scotcall, Resolvecall, power2contact and now Moorcroft. All have the stop and desist letters. Sadly they are unable to read. Most have either just come down from the trees or have been recruited as redundant zoo animals. However what you can now do is inform them that your solicitors are in fact your "Appointed Representatives" and under the OFT Guidelines clause 2.8 paras c & d, they are in breach of said guidelines if they attempt to by pass your solicitors. Just log everything, don't enter any conversation other than to tell them to bog off. They have NO standing in law at all. Put the phone down. They will still be ranting but just ignore it.

 

Our sols gave us a small supply of a "doorstep" letter on their letter heading to serve on any unfortunate stupid enough to come to the door, who also after giving them the letter you can as rudely as you like order off your property.

 

Best regards

oilyrag.

Edited February 25, 2010 by oilyrag
Grrr wrong button and forgot a bit