help for 3rd parties

[Hurricane Puffrose]

my husband is a trucker and works long, unsociable hours, and hes genuinly not in. I get sacrastic questions of well when WILL he be in, ive taken to saying no hes not and putting the phone down, yesterday alone i took 9 calls from companies in the space of 3 hours, one company rang me 4 times and said i have no rights to say do not ring as I am not the account holder!
I am starting to reach the end of my tether!

What rights do I have to say to the companys this is a home line, I am just a housewife and as you cant speak to me, leave me alone!?

Also, they are not telling me the company they are calling from, just saying its a business call.. is this legal?

:tinysmile_hmm_t2:

[bluebottle]

Re: help for 3rd parties

Hello Puffrose,

The number of times the DCAs have rung you constitutes an offence under Section 2, Protection from Harassment Act 1997. It is a criminal offence for anyone to engage in a course of conduct amounting to harassment. The penalty is a fine not exceeding £20K, or a prison term not exceeding six months, or both.

It is also a breach of OFT Debt Collection Guidelines. If you have not already done so, go to the OFT website and download an up to date copy of the Guidelines. Keep a copy by the phone so next time the DCA vermin ring, have it ready and quote from it. DCAs will try and deny that the Guidelines say what you're saying. That's when you say, "Well, I've got an up to date copy of the Guidelines in front of me. Would you like me to speak to the Office of Fair Trading and then the police about your firm ringing me repeatedly? Would you like me to do that?"

Try this and see what happens. Come back onto this thread and tell us how you get on.

[Hurricane Puffrose]

Re: help for 3rd parties

ty hun since i posted this cry for help i have had 4 calls!
Its doing my head in. If i knew what companies they were i could ask him to call but they say its a business call and they cant tell me cos im not the account holder!

I've told him and rang 1471 and the numbers do not accept incoming calls.

[winner12]

Re: help for 3rd parties

Hi
Cos its the weekend when they ring just say hang on a minute please put the phone on the side and walk away that will P them off

[labman]

Re: help for 3rd parties

Tweak the following slightly. It is the first of seceral cumulating in legal action


Dear Sir,

Your Ref: abc123

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 requested that these stop both verbally and in writing, yet am still receiving calls. I would reiterate my previous request for your compliance with my rights under the OFT Debt Collection Guidelines, for all further correspondence to be made solely in writing for the avoidance of doubt.

I believe your continued harassment by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me, 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. This would make you liable to a substantial fine and/or other sanctions as they see fit.

Any further telephone calls from your company may be recorded and used in evidence. I demand that this harassment to cease immediately.

Yours faithfully,


As per Bluebottle, post up if they continue.

[Sapphire]

Re: help for 3rd parties

If they are refusing to give you their details, address etc then another idea is to keep a nice whistle next to the phone and every time they call blow it very hard down the receiver, alternatively you can get one of those air hooter things and give that a blast.
The other thing I'd do is keep a pen a paper by the phone and note down the time and date of every call for proof for when you do report them.

[Hurricane Puffrose]

Re: help for 3rd parties

Hi all, we have had a further 2 calls since posting last.
I tried the whole under OFT guidelines stuff, according to them that does not apply as they are not in direct contact with the account holder!!
on a plus point Hubby is taking the day off tomorrow to actually answer them, and he will be charging them for a days wages which is more than the installment he has missed, which they recieved on friday

Thanks for all the help, my best friend answered the last call and said he took lessons from your call centre manager, wont take a call unless he knows what its regarding and put the phone down!!

[bluebottle]

Re: help for 3rd parties

If you have any further calls, hang up and telephone the police. This is getting completely out of control. Once you have an incident log number from the police, which you must ask them for, if you get anymore calls after that, ring the police back and quote the incident log number.

Above all, first ask the callers to identify themselves. If they refuse, that is when you ring the police.

[Angry Cat]

Re: help for 3rd parties

bluebottle, this is a civil matter!

Puffrose, you can actually act as a third party representative (or any savvy third party family member can also) for your husband/partner.
BUT your partner must agree.

First step, request that the firm must only communicate via the written word: by letter.
Second step, send to the firm an " Authorisation to Communicate" as a third party, as per the Data Protection Act 1998.

Please, fight back by using the DATA PROTECTION ACT 1998

[teaboy2]

Re: help for 3rd parties

Also let us know the name of the firm involved or share there telephone number here, and then we can start researching the company and find some dirt on them.

[Hurricane Puffrose]

Re: help for 3rd parties

companies in question
GE Money (4 calls in 1 day)
Viking (whoever they are) normally 3-4 calls a day but since my best friend Liz had a pop ive not heard from them.

Viking only gave the name when i said if he wants to buy what you are selling he will ring you back!

I am authorised on GE Money but they refuse to speak to me as the banking details are in my husbands name. In other words they know that they are wrong! George is going to demand our numbers be removed and quote the Data Protection act back at them!

[teaboy2]

Re: help for 3rd parties

Viking collections a susidiary of GE Money, by having both companies collecting on the same accounts (which is likely to be the case) they are in clear breach of OFT Guidelines and it is further evidence of harassment since both are calling about what is likely the same debts. GE money are likely the original lender and are therefore liable for the actions of there won staff and that of viking collections who would only be collecting on instructions from GE Money.

Quoting the data protection act at them, while it will mean they will have to remove your phone number from their database, they will still process your data due to the fact that their is what appears to be a legitimate debt owed to them.

Personally i would strike first with a prove it letter to both GE Money and Viking Collections to provide you with prove the debt belongs to you or your husband and also inform them you deemed the numbers of there daily phone calls (approximately xx on average) to be a breach of the protection from harassment act 1997 and you are considering legal advice over their harassment. Also in the letter inform them that by having 2 companies (subsidiary or not) they were clearly acting in breach of OFT debt collection Guidlines.

DO NOT sign any letters to them by hand, simply print your name in capitals, otherwise if you signed it by hand they may well lift your signiture and use it to fabricate a loan agreement. So never ever sign a letter by hand to a company especially a finance company and especially when its a debt collector.

[labman]

Re: help for 3rd parties

..... and send the letter in post 5!!!! You can sign that one, as it will purport too come from your hubby, and I'd love to see them lift your signature onto hubby's documentation.

That letter is the least strong of several, but they should comply.