harrasment phone calls

[timboy36]

hi im getting harrsed at work from capquest i have asked them to stop phoning but they keep doing it im now facing disciplinary action cause of the nonstop phone calls how can i get them to stop please

[Hurricane Puffrose]

Re: harrasment phone calls

Hello Timboy and welcome to Legal Beagles if you haven't already been welcomed!

You are right, you are being harrassed by these people, under the OFT Guidelines a Debt Collector may not k. ignore or disregard debtors' reasonable requests in respect of when, where and how to contact them .
Please follow this link http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf for all the guidelines.

We had an issue with a debt collector contacting us up to 9 times a day, so we emailled a letter of complaint, and send it via Royal Mail, also I forwarded this to the OFT under the headling CREDIT FITNESS.

[teaboy2]

Re: harrasment phone calls

Just as urgently a matter that needs to be dealt with is that your employer has no grounds to discipline you for this!!

What reason have they given for the disciplinary matter? As we need to deal with this urgently since you are not liable for the actions of a 3rd party and can only be discipline for conduct you yourself committed.

Once you get back to me and can advise you want you need to do with regards to the disciplinary.

You may also have grounds to sue capquest too under the protection from harassment act 1997 and for compensation if this in the unlikely event causes you to lose your job. But you would still have grounds for compensation merely as it caused your employer to take such action against you, for damage to your work repudation with your employer.

[timboy36]

Re: harrasment phone calls

hi thank u for the advice i sent an email to capquest asking me to stop the calls im also going send a letter of complaint about this as this is causing me nothing buy distress as for the woork contacted my union they have said the same so will see wot happens 1 more thing hope u can help this is a debt they claim is 9 years old can they still chase me for this and asked for proof of this debt but they have not sent any paper work out to me

[teaboy2]

Re: harrasment phone calls

hi thank u for the advice i sent an email to capquest asking me to stop the calls im also going send a letter of complaint about this as this is causing me nothing buy distress as for the woork contacted my union they have said the same so will see wot happens 1 more thing hope u can help this is a debt they claim is 9 years old can they still chase me for this and asked for proof of this debt but they have not sent any paper work out to me

Ok let us know how things pan out with work.

Regarding the debt, if its been more than 6 years (5 years if you live in scotland) since you last made payment towards the debt or acknowledged the debt, then they are not entitled to collect it, as it is statuted barred under the limitations act 1980. Also if they claim it is not statuted barred, then its likely that they are knowingly committing an act of false representation which is a breach of the fraud act 2006 section 2. Therefore their demands maybe fraudulent.

Can you be specific as to what type of debt this is, credit card, bank account overdraft, loan etc?

[bluebottle]

Re: harrasment phone calls

It seems that CapQuest learn nothing from past events. There was a similar case to your own on Legal Beagles recently. I helped the OP involved put together a Notice to Desist. I will help you put together a Notice to Desist. If the debt is over 6 years-old and you have made no payments or acknowledged it during that time, it is statute-barred. Strangely, the other case involved a statute-barred debt. I'm going to send you a PM. Check your inbox in 10 minutes.

[timboy36]

Re: harrasment phone calls

hi teaboy2 i only got the letters and phone calls a couple of weeks ago i asked for more info on this debt but they never sent anything say i need 2 send a pound for the paperwork its meant be a bank account im not sending money to them for a debt i dont owe they claiming 700 pounds for i dont know as the letter dont tell me much apart from its halifax

[bluebottle]

Re: harrasment phone calls

Info for complaining to OFT Credit Fitness Team. Make sure you include the following details in your complaint -

Company Name: CapQuest Debt Recovery Ltd
Credit Licence No.: 475757

I have also attached the OFT Debt Collection Guidelines. Look through them, note breaches by CapQuest and list them in your complaint to OFT Credit Fitness Team. I am also attached the Protection from Harassment Act 1997 and Court Form PF39CH. A legal professional will know what a PF39CH.

[Nic]

Re: harrasment phone calls

Isn't it about time there licence was revoked?

[bluebottle]

Re: harrasment phone calls

Depends on how many complaints OFT Credit Fitness Team have received against them and how serious they are. Complaints of a more serious nature tend to make OFT take notice.

[timboy36]

Re: harrasment phone calls

hi just let u all know that capquest has sent a letter to say that they are doing an internal investigation about my complaint but i also sent them a email to tell them that i made an official complaint to the oft and my lawyer will be getting in contact lets hope this bullying company gets wot they deserve will let u know wot happens with there internal investigation even though not holding any hope that anything will be done

[bluebottle]

Re: harrasment phone calls

hi just let u all know that capquest has sent a letter to say that they are doing an internal investigation about my complaint but i also sent them a email to tell them that i made an official complaint to the oft and my lawyer will be getting in contact lets hope this bullying company gets wot they deserve will let u know wot happens with there internal investigation even though not holding any hope that anything will be done

The fact a lawyer is going to be writing to them will have their backsides emitting tuneful sounds. CapQuest know what they are doing is illegal and my gut-feeling is that unless the senior management of CapQuest is totally brain-dead, they will be trying to find a way out of this. However, the complaint to the OFT's Credit Fitness Team is going to have them on their guard as, depending on the number of complaints OFT have received, they could find OFT imposing requirements on their licence, or refusing its renewal or revoking it. They won't know how many people have complained and won't be told how many complaints have been received. The threat of legal action, under Section 3, Protection from Harassment Act 1997, usually puts a stop to their bullying and harassment. It did in the recent case on the LB forums.