Getting constant phone calls, letters, stuck and dont know what to do

[allisons3s]

I have been receiving constant phone calls from a company called Toccatto, leaving messages by the hour, I have also had someone call at the house and leave a letter regarding a utilities bill, to be honest I cannot afford it, and its all just getting in a mess and I have resorted to unplugging the phone because they are constantly ringing and its driving me nuts, and stuck about the letter from chase solutions for the water. Any help would be really appreciated.

[Eloise01]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Debt collection isn't very pleasant and they aren't very nice about it often - but you appear to owe money and "can't afford it" isn't really going to cut any ice, and ignoring it is going to land you owing more money you can't afford to owe!

You need to epxlain to people what this debt is, what it is for, and what discussions with the company you owe the debt to and/or others have taken place. When you say you can't afford it, what does that mean? I assume you can't pay it all off - but can you make some payments? if there are other debts you should tell people about those too. That way you'll get better advice.

[FlamingParrot]

Re: Getting constant phone calls, letters, stuck and dont know what to do

I have been receiving constant phone calls from a company called Toccatto, leaving messages by the hour, I have also had someone call at the house and leave a letter regarding a utilities bill, to be honest I cannot afford it, and its all just getting in a mess and I have resorted to unplugging the phone because they are constantly ringing and its driving me nuts, and stuck about the letter from chase solutions for the water. Any help would be really appreciated.

They really need to be put in their place. You could send them a letter stating all communication should be in writing. You should never deal with debt collectors over the phone and neither should you have to deal with their doorstep collectors. Normally utilities are regarded as priority debts because they can be cut off, however, that's not the case with water. Once you have established that all communication should be in writing, you can work out how much you can reasonably offer to pay per month and make a repayment offer in writing.

Dear Sirs

Reference:

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 am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 as well as Section 40 of the Administration of Justice Act 1970.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt"

If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Please be advised that I will only communicate with you in writing. I have noted your attempts to contact me. Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

[allisons3s]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Thanks for your replies, this is my first time on this website, and when I say I cannot afford to pay it, that's exactly what I mean, I'm struggling to pay anything at the moment, I am in debt I have paid some of them off, the water is causing me the most stress, and I just don't know how to deal with it. How do I pay something when I just don't have the money to pay it.

[FlamingParrot]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Welcome to LB by the way!

Don't worry, the letter above doesn't make any mention of payment, it just tells them to keep all communication in writing :typing: and should alert them to the fact that you know your rights and will not be bullied by them.

It would be useful if you told us a bit more about your debts, as some debts can be dealt with differently, for example, when they fall under the Consumer Credit Act (utilities do not). If you give us more details we may be able to offer some useful suggestions for dealing with your debts. There are letters you can send for various purposes but we need to know a bit more.

[Eloise01]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Thanks for your replies, this is my first time on this website, and when I say I cannot afford to pay it, that's exactly what I mean, I'm struggling to pay anything at the moment, I am in debt I have paid some of them off, the water is causing me the most stress, and I just don't know how to deal with it. How do I pay something when I just don't have the money to pay it.

And that is why it would be better to tell people the whole picture and not just this bit of it. I'm not an expert on debt issues like some here are, but I do know that you don't solve debt issues a bit at a time - not if you have got to the stage that you say you are at. I appreciate that there are all sorts of reasons why people get into debt, and it isn't about being a "bad person" or being profligate with money, but the bottom line is that the debts have to be paid whether you can "afford" to or not, and these sorts of companies may, as Flaming Parrot says, be harassing you, but they also don't go away! You might get them to stop as much contact, or phoning you - but they are going to continue to contact you in some way, they will continue to expect you to pay, and the risk is that the amount you end up owing just gets bigger and bigger.

If you can explain in more detail what has happened, what you owe and what, if anything, you have done about this, there are people here who can help you do a lot more than just get the calls stopped. They can help you manage things so that you get back on track and can afford to pay soemthing, no matter how little - and repaying your debts, in the end, is the best way of getting these people off your back!

[leclerc]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Thanks for your replies, this is my first time on this website, and when I say I cannot afford to pay it, that's exactly what I mean, I'm struggling to pay anything at the moment, I am in debt I have paid some of them off, the water is causing me the most stress, and I just don't know how to deal with it. How do I pay something when I just don't have the money to pay it.

Do a search on the internet for the name of the utility company and "hardship fund" or "hardship scheme". Some companies may have a scheme that you can apply for when you are having trouble paying bills especially if you are on benefits(I'm not suggesting you are but.....)

[allisons3s]

Re: Getting constant phone calls, letters, stuck and dont know what to do

I'm not exactly sure how much I owe, previous partner was meant to be paying, I was kept out of the loop til I moved far away from him, I work but I am on tax credits and get some housing benefit, all my money goes on paying gas, electric, food, and I pay the tv licence, telephone, which isn't much because I don't use it, I pay bus fare for my son to get to school, and rent and council tax, I owe £217 arrears which they are letting me pay off monthly at £20 a month besides my normal council tax, i promise you there is no money left to pay anything else, i don't drink, smoke or go out. I paid of a catalogue debt when i told them to take the charges off, i also have a further catalogue debt that they kept adding charges to so and after i told them i was paying but a few days later, when my wages went in the bank, they still kept adding the charges. so i told them i couldn't afford to pay it. I only bought a cooker as i had to move an left everything in my old house (long story ex hubby) and i was paying it, my wages just about cover everything, i don't have anything left to pay anything else.

[FlamingParrot]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Hi Alison,

We are here to help, not judge. :hug: I have around £15k of unsecured debt that I haven't paid since Jan 2010 so I'm hardly going to be questioning others why they don't pay.:nono: The reason for the questions is that different debts have to be treated in different ways. For example, council tax is a priority because if you don't pay, they'll quickly send the bailiffs round. The council has powers to do that, but other creditors don't.

Unlike utilities and council tax, catalog debts are regulated by the Consumer Credit Act, which means you could challenge them to provide you a copy of your credit agreement. In most cases, such companies didn't require an agreement to be signed before sending out the goods, which makes the debts unenforceable. How long ago did you open the catalog accounts? That can also make a difference.

It would be useful if you could tell us who you owe money to, to be able to offer some useful suggestions.

[PlanB]

Re: Getting constant phone calls, letters, stuck and dont know what to do

I'm not exactly sure how much I owe, previous partner was meant to be paying, I was kept out of the loop til I moved far away from him, I work but I am on tax credits and get some housing benefit, all my money goes on paying gas, electric, food, and I pay the tv licence, telephone, which isn't much because I don't use it, I pay bus fare for my son to get to school, and rent and council tax, I owe £217 arrears which they are letting me pay off monthly at £20 a month besides my normal council tax, i promise you there is no money left to pay anything else, i don't drink, smoke or go out.

Is this water bill in your name only or in joint names with your ex-partner? Is the father of your son helping you financially? There's lots of things we can suggest to boost your income as well as reduce your debts

You sound like a great Mum doing your best to make everything work :hug:

[PlanB]

Re: Getting constant phone calls, letters, stuck and dont know what to do

There are charitable trusts which will sometimes help pay off utility bill arrears. Here's an example of some but there are others if your supplier isn't on this list:

http://www.raglan.org/main.cfm?type=HELPWITHARREARSONY

[Eloise01]

Re: Getting constant phone calls, letters, stuck and dont know what to do

One other question that I don't think anyone has picked up on - I am rubbish at debt law but great at reading between lines! - you said that you don't know how much was owed because your previous partner was supposed to be paying and you didn't know anything about this until you moved. Is this debt for a previous property? If so, are you sure that you owe the money, or are they just coming after the easiest target? Opinions guys????

[jon1965]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Hi
Here are a couple of thoughts .
With any alleged debt it is a good idea to make sure that you do in fact legally owe that amount. Very often , with some kind of loans and catalogue debts they will add charges that they would have trouble convincing anyone were fair and appropriate.
Another point is, have you checked that you are receiving all the benefits that you are entitled to ? https://www.gov.uk/benefits-adviser
Is your sons father making any payments to help, remember you do not have to do that bit yourself.

Flaming Parrot is very experienced in helping people deal with debts , she helped me (oh I am in so much trouble) and I have debts that make hers look like small change.
I will not offer advice on how to manage your debts as that really would be quite funny but can I suggest you just let us know a list of debts, even if its just
water £25
Catalogue A 1000
Bank Loan £3000

Absolutely anything.

Good luck and people are here to help

[Eloise01]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Oops, just noticed PlanB spotted that!

[PlanB]

Re: Getting constant phone calls, letters, stuck and dont know what to do

Oops, just noticed PlanB spotted that!

I always spot when men dump their bills (financial responsibilty) on women with children :rant: