Received a Debt Collection SMS? Please read

[Hurricane Puffrose]

Re: Received a Debt Collection SMS? Please read

forgot to ass kungfu hun,

if they contact you and say they are doing a home visit, let me know please.

[bluebottle]

Re: Received a Debt Collection SMS? Please read

Those companies who send unsolicited SMS messages are potentially in breach of Section 127, Communications Act 2003. A DCA sending out unsolicited SMS messages indiscriminately demanding money - scattergunning - may be well be in breach of OFT Debt Collection Guidelines and the Data protection Act 1998, as well as in serious breach of Section 127, Communications Act 2003. More than two SMS messages and they are potentially in breach of Section 2, Protection from Harassment Act 1997 as well.

[Hurricane Puffrose]

Re: Received a Debt Collection SMS? Please read

If you have received a harassing text message, even if it’s offering you a loan, you can report it on Twitter and name and shame the company. Use the tag #debttext

How can I stop receiving messages from these organisations?

You can report them to your network operator, who may be able to prevent further spam from the originating number. Unfortunately as the numbers often change, your network provider cannot guarantee to stop all unsolicited messages. You can either contact your network operator’s customer services or use one of the reporting numbers below:
Orange, O2 and T-Mobile: Forward the SMS to 7726
Vodafone: Forward the SMS to 87726
Three: Forward the SMS to 37726


What does the law say?

The Privacy and Electronic Communications Regulations 2003 cover the way organisations send direct marketing by electronic means, including by text message or SMS.
Organisations cannot send you marketing text messages you didn’t agree to receive, unless:

• the sender has obtained your details through a sale or negotiations for a sale;
• the messages are about similar products or services offered by the sender; and
• you were given an opportunity to refuse the texts when your details were collected and, if you did not refuse, you were given a simple way to opt out in all the text messages you received.

The Regulations do not cover marketing text messages sent to business numbers.

[dogtired]

Re: Received a Debt Collection SMS? Please read

had the loan and injury , provider has "spam" number and told me not to reply with "stop" or "no" as this could be used to say you got it or that number is in use.
DT

[Hurricane Puffrose]

Re: Received a Debt Collection SMS? Please read

i stole that off the ICOs website

[dogtired]

Re: Received a Debt Collection SMS? Please read

Not a sms just had call from "Wescott" 01482483245 automated call "press one to confirm you are Mrs ****" don't think so!
its either BOS or Welcome as these are the only ones left in dispute and are sill so and still will be until, if and when they supply the "proof" that it is me that owes them alleged amounts!

[bluebottle]

Re: Received a Debt Collection SMS? Please read

Not a sms just had call from "Wescott" 01482483245 automated call "press one to confirm you are Mrs ****" don't think so!
its either BOS or Welcome as these are the only ones left in dispute and are sill so and still will be until, if and when they supply the "proof" that it is me that owes them alleged amounts!

Section 127, Communications Act 2003, coupled with Section 2, Protection from Harassment Act 1997, would, in all probability, be the most effective pieces of legislation in your case. You can also use the ruling in the case of Ferguson -v- British Gas Trading Limited 2009 as an additional weapon. Section 3, Protection from Harassment Act 1997 allows you to obtain a "without notice" injunction from your local County Court if the calls, etc. become persistent or are of a threatening nature.

[dogtired]

Re: Received a Debt Collection SMS? Please read

Not got that far yet bluebottle!

[dogtired]

Re: Received a Debt Collection SMS? Please read

Not got that far yet bluebottle!

However another one this moring picked up by answer phone.
No intention of contacting them but now answer phone wont delete the message

[dogtired]

Re: Received a Debt Collection SMS? Please read

Snail mail today

[Guest]

Re: Received a Debt Collection SMS? Please read

You can also use the ruling in the case of Ferguson -v- British Gas Trading Limited 2009 as an additional weapon. Section 3, Protection from Harassment Act 1997 allows you to obtain a "without notice" injunction from your local County Court if the calls, etc. become persistent or are of a threatening nature.

Hello

I am a little confused by this advice.

I am aware that the 1997 act can be used when an injunction is awarded by the high court, i wasn't aware that the act an be used in order to obtain an injunction.

My understanding is that you would apply straight to the court, submitting a statement and complaint.

If an injunction was granted and thereafter breached the claimant could use the legislation in order to enforce.

DB

[Mr D]

Re: Received a Debt Collection SMS? Please read

My friend, who now owns my old mobile phone, got this sent to him yesterday from Legal Redress in Swansea.

"I refer to our invoice dated 08/11/12 which remains unpaid. Unless our invoice is paid within 7 days of the date of this SMS, we will instruct a debt collector to recover the debt. Legal Redress LTD TEL 01792 293049"


This SMS was aimed at myself, but my friend is fed up answering calls from Legal Redress and explaining to them that he is now the owner of the phone......they just don't believe him and try to strike up a conversion about me and my whereabouts. Luckily for me, my mate justs strings them along and then hangs up.

[bluebottle]

Re: Received a Debt Collection SMS? Please read

Let them send a few more, then, figuratively speaking, give them a good hard slap when they least expect it.

[bluebottle]

Re: Received a Debt Collection SMS? Please read

Hello

I am a little confused by this advice.

I am aware that the 1997 act can be used when an injunction is awarded by the high court, i wasn't aware that the act an be used in order to obtain an injunction.

My understanding is that you would apply straight to the court, submitting a statement and complaint.

If an injunction was granted and thereafter breached the claimant could use the legislation in order to enforce.

DB

The Ferguson case is case law and, simply, means that companies can no longer say a company cannot harass an individual.

As far as Section 3, Protection from Harassment Act 1997 is concerned, you can apply to your local County Court for a "without notice" injunction. Within three working days of being granted the injunction, you have to submit a claim against the harasser. This is then heard at a later date before a Circuit Judge who assess damages and makes the injunction permanent. In order to apply for an injunction under Section 3, you apply on Form PF39CH (Application for An Injunction) with any supporting evidence. In all cases, it is wise for the applicant to wait at the court as the court staff will try and find a spare judge to hear the application.

Section 3 allows an injunction to be granted by a County Court or the High Court. It is the amount of the claim resulting from the harassment and anxiety suffered by the victim that determines which court the application should be lodged with.

If an injunction is breached, the victim has to go back to court and apply for a warrant for the arrest of their harasser.

[miliitant]

Re: Received a Debt Collection SMS? Please read

in line with consumer debt issues and creditors

is it not CPUTR now that deals with these issues and not the protection from harassment act

confirmation would be nice