Telephone harassment - an action plan

[BankFodder]

It's not difficult and can even be therapeutic. Imagine how you will feel when you realise that you are doing something about it. That you are secretly building an evidence file which will put you back in control.

• Buy a good size exercise book from your local stationers to be used as a log book.. You will need one with non-detachable pages and the pages should be numbered if possible.
• If you have blocked your phone to withheld numbers - then unblock it. (you will need to receive calls.)
• Keep a clock or timer next to the phone.
• Start keeping a detailed diary of your unwanted calls.
• Log date, time and length of call. Don't keep more than one or two per page. (Keep it neat)
• As soon as the call is finished do a 1471 and log if there was a number or if the callerID was withheld. Note down a detailed account of what was said by whom, was the caller male or female etc.
• Start trying to go through various scenarios so that you log a number of typical exchanges. You might be upset. You might be angry, Try being very cooperative in order to draw more information as to who is calling and on behalf of whom.
• You might want to plead with them to stop calling or to tell them that it is very late and that the children will be wakened.

You will soon learn to get into the role and you will soon understand how to draw the full range of reactions from your harasser.

Do not tell any lies. Keep your reactions typical of the ones which you would have were you not this time turning the tables.

We suggest that you go through this for a month or so.
Keep your call log book in good condition. Do not tear out any pages. Keep the page numbers fully sequential.


In addition too this, we would suggest that you record the calls. telephone recording is legal. You do not need to warn the other side.
If you use Skype then there are several software programs around which will let you do this. We have found that callBurner is very good and we will be offering it through this site very soon. There are cheaper programs and even free ones but CallBurner seems to be very fully featured and we think that it is worth the price considering the problem you are trying to combat.

If you use a landline then get a telephone recorder from Maplins. However, we will soon be offering a very superior landline telephone recorder through this site and a good price.

If you do record your calls, then you should still keep your written log but also reference each written log to the voice recording which you have obtained on tape or on computer file.

The big question is always -

Do I have to warn the other side that I am recording them?

The answer is NO you do not.

This is a common misconception.
As long as you are not interfering with the BT phone line then you are breaking no laws. Telephone recording is legal.


Click on the Chilli to download a trial copy of CallBurner, the Skype CallRecorder:-

[renegotiation]

Can you clarify a date when this landline recorder wll come out? I was defrauded through Paypal and had my account closed because I wouldn't pay up! How can I pay for one and also some sticky labels? When we finish with the DCA's can we all move on to Paypal please? I'm not actually sure who is worse... :o :o Paypal are ok if you're only buying I suppose.

[noomill060]

Simply create a new Paypal account with a different email address.

[renegotiation]

I might give it a try. But ebay own Paypal now and I wouldn't want to risk using it on my Ebay account. I could never rest easy that my funds were safe. I don't know if it's worth creating a new account just to buy 2 items from this site. I'm hoping this site might take a credit card or bank transfer. I only ever really used Paypal for Ebay. Thanks for the suggestion though, I bear it in mind.

[BankFodder]

See alos two new links in the library:
Protection from Harassment Act 1997 - statutes library

and

Harassment - Guidance from the Crown Prosecution Service - external links library

[renegotiation]

Please post here if you have sent off an official telephone harassment letter template, it has been respected and you are no longer being telephoned. Please state what organisation you sent the letter off to. Thanks.

http://www.consumeractiongroup.co.uk...respected.html

Please post here if you have sent off an official telephone harassment letter template, it has not been respected and you are still being telephoned. Please state what organisation you sent the letter off to. Thanks.

Telephone Harassment Letters Not Respected.



If you are being harassed, but haven't yet sent off a letter, then please do. More responses are definitely needed. I want to let this post fester for a couple of months and then see what's what. I have a couple of good ideas on what to do next.

The telephone harassment letter can be found here:

Harassment by telephone - Consumer Wiki

[2Grumpy]

Is it possible to beef up the harassment letter with a threat to start procedings using the Protection from Harassment Act 1997?

Grumpy

[The GodMother]

Yes u can grumpy.

You can say something like l did.

If my request is not dealt with with 7 days then l resevre the right to make a cliam against you at my local courts.

[noomill060]

I spoke to a solicitor at Cobbetts this week about this very subject.

Harassment damages would be unlikely to exceed £5000, so you can simply start a claim through Small Claims.

Prelim Harassment letter including reference to Harassment Act and damages

Letter before Action

If hassle continues...

small claim against them for say, £2,500.

You need to provide evidence of at least two occasions of harassment.

You could do this by means of a Subject Access Request for your call log if need be.

[victim_of_barclays]

Originally Posted by BankFodder

It's not difficult and can even be therapeutic. Imagine how you will feel when you realise that you are doing something about it. That you are secretly building an evidence file which will put you back in control.

• Buy a good size exercise book from your local stationers to be used as a log book.. You will need one with non-detachable pages and the pages should be numbered if possible.
• If you have blocked your phone to withheld numbers - then unblock it. (you will need to receive calls.)
• Keep a clock or timer next to the phone.
• Start keeping a detailed diary of your unwanted calls.
• Log date, time and length of call. Don't keep more than one or two per page. (Keep it neat)
• As soon as the call is finished do a 1471 and log if there was a number or if the callerID was withheld. Note down a detailed account of what was said by whom, was the caller male or female etc.
• Start trying to go through various scenarios so that you log a number of typical exchanges. You might be upset. You might be angry, Try being very cooperative in order to draw more information as to who is calling and on behalf of whom.
• You might want to plead with them to stop calling or to tell them that it is very late and that the children will be wakened.

You will soon learn to get into the role and you will soon understand how to draw the full range of reactions from your harasser.

Do not tell any lies. Keep your reactions typical of the ones which you would have were you not this time turning the tables.

We suggest that you go through this for a month or so.
Keep your call log book in good condition. Do not tear out any pages. Keep the page numbers fully sequential.


In addition too this, we would suggest that you record the calls. telephone recording is legal. You do not need to warn the other side.
If you use Skype then there are several software programs around which will let you do this. We have found that callBurner is very good and we will be offering it through this site very soon. There are cheaper programs and even free ones but CallBurner seems to be very fully featured and we think that it is worth the price considering the problem you are trying to combat.

If you use a landline then get a telephone recorder from Maplins. However, we will soon be offering a very superior landline telephone recorder through this site and a good price.

If you do record your calls, then you should still keep your written log but also reference each written log to the voice recording which you have obtained on tape or on computer file.

The big question is always -

Do I have to warn the other side that I am recording them?

The answer is NO you do not.

This is a common misconception.
As long as you are not interfering with the BT phone line then you are breaking no laws. Telephone recording is legal.


Click on the Chilli to download a trial copy of CallBurner, the Skype CallRecorder:-

BEWARE! I told a well known debt collection agency that had purchased a DISPUTED debt with Barclays that due to their record I would not accept any more phone calls from them and all future communications must be in writing (they refused to allow me sight of Subject Access Request under data protection act) GUESS what this firm of debt collectors did in retaliation... They phoned my accountant and employee and three (at least) other NEIGHBOURS in my postcode and told them to POP A NOTE IN MY FRONT DOOR!!! to phone them URGENTLY about outstanding FINANCIAL MATTER.
They continued to refuse me sight of my file under Data protection act and so for a simple life I paid the total claim from BARCLAYS although they all knew I did not owe it as subject to me being victim of fraud.
So beware if you upset debt collectors.

[noomill060]

In which case you have a claim against them for financial losses and anxiety due to the harassment suffered.

You also have a claim against them under the Data Protection Act.

You should also inform the OFT as these activities are considered to be oppressive, deceptive and psychological harassment and as such unfair business methods. (complaint form on their site)

NEVER EVER pay money you dont owe.

[noomill060]

victim- Its time the victim of Barclay's DCA became the predator. You could have them for breakfast.

How long ago was this?

Come back if you want advice on how to do this.

[noomill060]

debt collectors should live in fear of upsetting consumers if they act outside the law, which by the sound of things they have here.

[renegotiation]

Originally Posted by victim_of_barclays

So beware if you upset debt collectors.

That is a horrible story, but are you just going to leave it at that then? After all they have done to you? It is stories like this that drive me to fight them harder and harder and to exhort others to do the same! I strongly suggest that you start your own thread about this matter and seek justice. Debt Action Group has whipped their botties on countless occasions over a variety of issues.

[noomill060]

Absolutely- you simply cant leave things as they are, victim.

Come back and we will help you recover you losses and get compensation for the totally unlawful way you have been treated by this scum sucking, bottom feeding pond life.

Which debt collectors was it?

NCO by any chance?

[phatram]

bump

[ODC]

Originally Posted by victim_of_barclays

BEWARE! I told a well known debt collection agency that had purchased a DISPUTED debt with Barclays that due to their record I would not accept any more phone calls from them and all future communications must be in writing (they refused to allow me sight of S.A.R - (Subject Access Request) under data protection act) GUESS what this firm of debt collectors did in retaliation... They phoned my accountant and employee and three (at least) other NEIGHBOURS in my postcode and told them to POP A NOTE IN MY FRONT DOOR!!! to phone them URGENTLY about outstanding FINANCIAL MATTER.
They continued to refuse me sight of my file under Data protection act and so for a simple life I paid the total claim from BARCLAYS although they all knew I did not owe it as subject to me being victim of fraud.
So beware if you upset debt collectors.

I am not doubting what you say. If they did all those things you would have an excellent case against these people and I would advise you institute proceedings without delay. I would NEVER pay these maggots just to get rid of them. You have a clear cut NO LOSE case with plenty of independant witnesses and MUST take action.

[renegotiation]

Originally Posted by renegotiation

Please post here if you have sent off an official telephone harassment letter template, it has been respected and you are no longer being telephoned. Please state what organisation you sent the letter off to. Thanks.

http://www.consumeractiongroup.co.uk...respected.html

Please post here if you have sent off an official telephone harassment letter template, it has not been respected and you are still being telephoned. Please state what organisation you sent the letter off to. Thanks.

Telephone Harassment Letters Not Respected.



If you are being harassed, but haven't yet sent off a letter, then please do. More responses are definitely needed. I want to let this post fester for a couple of months and then see what's what. I have a couple of good ideas on what to do next.

The telephone harassment letter can be found here:

Harassment by telephone - Consumer Wiki

I haven't been posting in the debt forums for a few weeks. I am under a self-imposed hiatus due to a build up of stress. I just get steamed whenever I show up here. I feel like David Banner on a bad day who has just been slapped on the forehead by the Tango Man. More self-control and anger management definitely needed. However, I certainly haven't forgotten this. I want to make one last appeal for people to send these letters off and post up the results. As it stands, it is already clear that these letters are regularly being ignored. I will wait till April 1st, a good day to start dealing with these fools, and then consider my next step. One I thing I definitely want to see is a simple web form where these complaints can be submitted on the OFT site and then automatically directed to TS. Does that sound reasonable? Anyone have any other ideas?

[chebkhaled]

Hi all

Not sure if this is relevant to the thread, but here goes:

The Office of Fair Trading publication entitled 'Debt collection guidance; final guidance on unfair business practices (OFT664)' - and ambiguous sort of document - as you might expect - equivocates thus:

[sic. examples of unfair practices are as follows]

2.2 c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of contact is...

2.2 g. ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for exmaple, shift workers who ask not to be telephones during certain times of the day...

Quite what qualifies as a legitimate wish I'd like to know.

I know my interpolation here doesn't continue fluently from the thread, but I'll be extremely grateful to anyone who can help me to outwit Nationwide, who've contacted my mother (my financial information has always been sent to her address) and even though she's told them not to call there they still do. I'm exasperated.

For my sins, btw, I am a debt collector myself. There's no excuse for that, yet I mention it because I can tell of many contraventions of the law; what exists de jure, of course, is not a de facto right for the poor.

I intend to declare myself bankrupt. So, I did actually log on to quickly find out whether, if I do, it'll affect me mother's ability to re-mortgage in a few years. I don't still know. I know that it's incumbent upon me to find the answer for myself here at this oracle. Nonetheless a quick answer I entreat. As I understand it, if one has had no ostensible connection to a previous address for six months, it won't affect anothers credit file. But what if I were to declare myself bankrupt today, still associated to my ma's address?

Anyhow, if anyone wants advice on how to outwit the eff-witted like of me (DCA), please just ask. There are some very mean people out there. My employer is counted among them.

[Lozwoo]

Just out of interest what was the name of the company? My partner has had calls from someone about his barclaycard bill HF2 or some such name. She rings the home phone and his mobile (no idea how she got this)... Tonight was final straw, partner told her that 8.20pm classed as harassment, and he would not be talking to her, she then rang every minute on both home and mobile number, leaving a message on home phone of MUSIC playing!!! also partner answered mobile an put on loudspeaker and some was SCREAMING down the phone. On an earlier day she also tried to blackmail my partner into answering the phone by saying she would get the sack if he didn't

Cannot recall company name she gave, but she clearly isn't from any company and tried for all she was worth to get hold of our bank details... HELP!!!

Am going to the police in the morning.