Newlyns - keep phoning

[chippy1983]

Hi Im new to this, found this site while browsing for answers.

I have a debt with Newlyns which I am actually paying off. I pay every Wednesday with my debit card and write all the payment details down. However Im still recieving letters (with the new amount each time so the are deducting it) and now Ive started getting phone calls from them again threatening to send Bailiffs to the door. Ive had to change my number once and somehow they have got it again.

I am paying the agreed amount on time so is this just scare tactics or harrassment??

[Hurricane Puffrose]

Re: Newlyns - keep phoning

Hello and welcome to Legal Beagles if you haven't already been greeted Chippy
You are definatly in the best place, we have experts in Newlyns here who can definatly help you with this one.
May I ask how many times a day you are being called?

this is from the OFT debt collection guidelines.

3 UNFAIR OR IMPROPER BUSINESS PRACTICES
Communication
3.1 It is unfair to communicate, in whatever form, with consumers, in an
unclear, inaccurate or misleading manner.
16
3.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead debtors as
to their status, for example, documents made to resemble court claims
b. leaving out or presenting information in such a way that it creates a false
or misleading impression or exploits debtors' lack of knowledge
c. those contacting debtors not making clear who they are, who they work
for, what their role is and what the purpose of the contact is
d. sending misleading communications or making misleading statements
which may induce a debtor to make contact on the basis of a false or
misleading premise, for example, telling him he has won a prize in a
competition
e. unnecessary and unhelpful use of legal and technical language, for
example, use of Latin phrases
f. failing to provide debtors or their appointed representatives with
information on status of debts, for example, not providing requested
balance statements when reasonably requested
g. failing to provide debtors with information on the outcome of
investigations into reasonably queried or disputed debts

16
More detailed information on unfair or improper practices involving standard letters is
contained in the CSA & DBSG Guidance Document produced in association with the Office of
Fair Trading
OFT664con | 24h. failing to confirm17
formally and unequivocally, whether or not a payment
has been accepted as full and final settlement of a debt
i. failing to properly advise
17
the consequences for the debtor, under
circumstances in which he has offered a settlement payment lower than
the total amount owing
j. contacting debtors at unreasonable times
k. ignoring or disregarding debtors' legitimate wishes in respect of when,
where and how to contact them, for example, shift workers who ask not
to be telephoned during certain times of the day, or some debtors may
request contact by letter rather than by telephone
l. asking or instructing debtors to make contact on premium rate or other
special rate telephone numbers.

17
The obligations to confirm and advise are those of the business and it must be able to show
that its systems are such that consumers are not in any way misled or denied information.
OFT664con | 25False representation of authority and/or legal position
3.3 Those contacting debtors must not be deceitful by misrepresenting their
authority and/or the correct legal position.
3.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority, for example, claiming to work on
instructions from the courts, claiming to be bailiffs or, in Scotland, sheriff
officers or messengers-at-arms
b. falsely implying or stating that action can, or will, be taken when it legally
cannot
Examples of this may include:
• in circumstances where the creditor has failed to comply with the
requirements relating to making the agreement, or where the creditor
has failed to comply with a request to provide information – both
making the agreement unenforceable (temporarily at least)
• referring to bankruptcy or sequestration proceedings when the balance
is too low to qualify for such proceedings
• where a debtor is making payments under a Debt Payment Programme
Arrangement agreed under the Debt Arrangement and Attachment
(Scotland) Act 2002
• stating that court action can be taken to recover statute barred debt
• claiming a right of entry when no court order to this effect has been
granted
• attempting to take, or taking, possession of goods without specific
authorisation of a court
c. falsely implying or stating that a particular course of action will take place
before it is possible to know whether such action would be permissible

[bluebottle]

Re: Newlyns - keep phoning

Hi Chippy and welcome to Legal Beagles.

In order that we can help you as best we can, could you please answer the following questions -

1. What is the debt for?
2. What are Newlyns saying in their letters?
3. How frequently are Newlyns telephoning you?

BB

[chippy1983]

Re: Newlyns - keep phoning

Thank you all

the debt is for council tax and at present they are only calling once a day but its at half past 8 every night. The letter is the standard one saying this issue needs to be addressed immediately. They were calling 4-5 times a day before. I know Im probably being difficult as when they phone they ask for details to check who I am but I am very careful about giving details out on the phone and they say as im refusing to help I will have to speak to a bailiff face to face.

A new letter will arrive a couple of days after I make a payment with the newest amount on and it is going down.

[bluebottle]

Re: Newlyns - keep phoning

Okay, Chippy. Thank you for answering those questions. What Newlyns are doing does amount to harassment. There is nothing, in law, that says you have to deal with or even speak to a bailiff. The other thing you need to be aware of it that BAILIFFS LIE. It is hard-wired into their DNA. If you are maintaining regular payments and the debt is reducing, there is no justification for Newlyns behaviour.

At present, they are not calling you at an unsociable hour, but if it was after 9.00pm, they may have some explaining to do to the OFT Credit Fitness Team, Trading Standards and the courts. Newlyns are OFT-licensed, albeit that there is some issue with the current status of their debt collection licence.

If they make any further threats, either in writing or over the telephone, come back onto this thread and we will see what further help you need. If at all possible, try and record any phone calls you receive from them as this can be used as evidence against them.

[labman]

Re: Newlyns - keep phoning

I would also put all the above in writing to Newlyns, copied to the Head of Revenues of your local council and to your MP, asking them to stop the repeated phone calls as you find them very distressing when you are doing all you can to repay the debt owed in any case. At least then you have concrete evidence you have tried to stop them by asking them nicely.

[chippy1983]

Re: Newlyns - keep phoning

hi again

Still paying regular as before and still receiving letters!! There has been a bailiff coming to my door every saturday for the past month but they never come.

[swifty]

Re: Newlyns - keep phoning

hi again

Still paying regular as before and still receiving letters!! There has been a bailiff coming to my door every saturday for the past month but they never come.

Well I have heard that, I heard they are all sterile. wouldn't want the buggers breeding now "would we"