Is this harrassment?

[MRBLUESKY]

good morning heidi sorry to here about your annoying phone calls have you got a date for your creditors meeting yet.regards ronnie.

[kallis3]

Nice one Heidi!

Perhaps your hubby should do the same when they call for you![:D]

[single_mum]

I must admit, they do take the biscuit - I've been in my IVA since Aug last year - and only 2 weeks ago, I got a credit agency chasing me for money that I apparently owed to a Tesco credit card!! 1. I've never had one, 2. they then changed their minds and said it was Lloyds TSB!!! Told them about the IVA - and even rubbed salt by saying that they didn't attend the creditors meeting! LOL. They tried called me back - then I got shirty - they've left me alone now!!

[Steve Austin]

I used to let my 3 yr old chat to them on the phone and he would spend ages telling them about Tellytubbies and Rory the Racing Driver.

They did give up in the end.

[nursecrippin]

[:D][:D]like that lol, ive had 4 phone calls today and decided not to answer them its either vanquis or capital one or bhs looking at the number, just get fed up telling them the same thing time and time again, now next have been fantastic and have never phoned they said they would just wait to hear from iva wow

[Carole]

Sussed it! [:)] I was feeling incredibly vulnerable on Saturday, for some reason. Too many sleepless nights, I guess. No calls yesterday, but I was still upset about it, but after the support on here (thank you), finding out that they do this all the time and I am not the only one and also after a long, long talk with hubby and adult daughter, I am feeling far more positive today. After all, it's not as if we are not doing anything about the situation, either. We are facing up to our stupidity and are not running away from it, so I reckon we are better than many!

Anyway, the calls started again today so, after ascertaining who was calling I launched into a tirade, that went something like this.

"I am not prepared to talk to you about this and as soon as I have said what I am going to say, I am going to put the phone down. I have explained to you people that I am insolvent and in the process of applying for an IVA. I have sent you letters explaining this fact and made the token payments to you, as advised by the Debt Consultancy I am using. The last letter and payment I sent you was posted last Thursday. As I said, I am not going to talk to you about this any more and I am sorry that it is you getting yelled at, because you are only doing your job. As there is nothing more to say on the matter, I am putting the phone down now. Goodbye"

All this said almost in one breath, loudly, so they can't get a word in edgewise, hence solving the problem of understanding them, because of my deafness [;)] It really made me feel good and makes me feel as if I am in control of the situation and not the other way round! [:)]

[tele2002]

Hi all, sorry to hear the hassles you've been having, I used Choose to Refuse that really kept the calls down, but I still had those sickening feelings each and everytime the phone rang.

Stay strong and have a read of the information provided below, also keep a count of the volume of calls and on the phone tell them that under (one of the below) you beleive that XX number of calls would be classed as harrasment and to please stop calling or limit the call to once a day.

Oh and one other tactic I used was by telling them I was unprepared to provide security details over the phone so please write to me.

Also I didn't make token payments as I was told they made no difference to the outcome, and sure enough they didn't.

http://www.yourrights.org.uk/yourrights ... calls.html

http://www.oft.gov.uk/shared_oft/busine ... oft664.pdf

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT

“S40 Punishment for unlawful harassment of debtors.
A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[Fedup.com]

My wife has just had a visit from a Scotcall Agent. He basically hung about for 25 mins after he had no response from the door bell. I contacted him and advised him that he had no appointment and that we would not be making an appointment and that any future visits would constitute harassment as there were 6 young children where we lived and we did not appreciate strangers landing on or about the time when our children finished school. Surely Barclaycard have to be stopped from actions such as this. I am still unsure what was said to my sister (neighbour). I suppose if they told her who they were that would be giving out information that should be secured under the data protection act.

[tele2002]

Corr I wouldn't be having that, I did once have a calling card that told me someone would be visiting, I called them two minutes after picking it up off the door mat and told them what I was doing.

Have you got a creditors meeting date yet?

[Fedup.com]

No not yet. I have a call with IP later this evening. Things have taken longer at my end than I would have liked.The worst thins is they did not even send a card or letter advising that they were calling.

[tele2002]

Make sure you tell your IP then as I'm pretty sure this is not on. I know things can take time, mine did as well as I had some bits that needed to be resolved before the case was transferred to the IP, but hang in there things will get easier.

Have you sent the letters of intent yet? So the creditors know what is happening?

[Fedup.com]

I am looking at going with Melanie. Speaking to Tina soon.
I see you had the awful NR. What was the outcome of your IVA in regards to dividend etc. I only ask as it is nice to get a feel as to where creditors are going with their acceptances.

[Max]

You could no better than Melanie - in my opinion she has no equalls.

[tele2002]

Dividend is 37p/£ there is an equitity release order in year four with an additional year if there is no equitity, MBNA didn't vote, NR's changes got refused by my IP as they related to unreasonible changes to the fee's, some other minor amendments but mainly to do with fee's.