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Posted: Thu Apr 26, 2012 2:24 pm
by chrisdawn
Hi all, I am receiving harassing telephone calls from one of my creditors who says that they are aware of my IVA but cannot stop the system from calling me. I have spoken to many people in the organisation who all keep apologising but the calls and letters don't stop. I have sent them a copy of my IVA order but that hasn't worked. Does anyone know if it is possible in these circumstances to bring proceedings against them for harassment as they are in breach of a court order and ask for compensation to the amount of my outstanding debt (£700) effectively writing it off? I can but hope?
Posted: Thu Apr 26, 2012 2:32 pm
by kallis3
Hi and welcome.
How awful for you. I rather think.they are spinning you a yarn about this. The should be able to stop it.
Get your ip.to speak to them and you should threaten to report them for harassment.
Posted: Thu Apr 26, 2012 2:36 pm
by KP7763
I had the same problem as one of my debts (who didnt agree to the IVA) was sold onto another collection agency and they were calling me on a weekly basis. I informed them of the IVA and instructed them to speak to my IP and eventually the calls stopped.
Posted: Thu Apr 26, 2012 2:45 pm
by artemischild
The people you speak to genrally cnat change info on the system, you need to request to speak with their supervisor and escalate the complaint if it continues via their complaints procedure.
Posted: Thu Apr 26, 2012 3:41 pm
by chrisdawn
HI and thanks for the support. I have told my IP and they just keep telling me to forward the letters on to them but nothing seems to be done. I have asked my IP why things are taking so long (I have been waiting for 6 months for the outcome of a review) I just keep getting told that it takes time. Nobody seems to be actually on my side and so I fear I need to take things into my own hands. I have called the IPA who have yet to return my calls. I feel like I'm back where I was 18 months ago; on my own. I have other issues with my IP to discuss but nobody wants to listen; Is it possible to change IP's if the one you are with is not acting in my best interest? The payments they want me to make amount (over 5 years) to 100% of my outstanding debt including their fee - surely I'm better off coming out of it?
HELP....2 years ago I was shutting my wife out and I'm starting to do it again.
Posted: Thu Apr 26, 2012 4:25 pm
by kallis3
Unfortunately you're unlikely to be able to change your IP - it would cost too much money and be a lot of hassle.
I would definitely insist on speaking to a supervisor and tell them they must stop contacting you otherwise you will report them for harrassment.
Which company are you with?
Posted: Thu Apr 26, 2012 5:34 pm
by Foggy
When communicating with your firm are you speaking to an IP or to an admin ... I find it best to iron problems out with an IP when case workers fail to listen.
As for the harrassment the next time they are on the phone ask them for all of their details, name, section, supervisors name etc and inform them that they are acting unlawfully. Harrasssment ia a criminal offence and you will be passing the details on to the police if the harrassment doesn't stop immediately.
Posted: Thu Apr 26, 2012 5:45 pm
by Bradders
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy
When communicating with your firm are you speaking to an IP or to an admin ... I find it best to iron problems out with an IP when case workers fail to listen.
As for the harrassment the next time they are on the phone ask them for all of their details, name, section, supervisors name etc and inform them that they are acting unlawfully. Harrasssment ia a criminal offence and you will be passing the details on to the police if the harrassment doesn't stop immediately.
Exactly as Foggy says, don't make the effort to call them and waste your own time money and patience trying to sort this out. Wait for them to ring you, and secure in the knowledge that you are 100% correct do what Foggy says. If they know that you are in an IVA (and they have admitted that they do)then they know that what they are doing is unlawful.
Whatever you do, please don't worry about it, they cant do anything to you.
Posted: Fri Apr 27, 2012 12:34 pm
by bulldog
at the end of the day it's the ip's job to make sure that all the creditor's are in formed and told to stop sending letters or harassing telephone calls .that's what why you are paying them to do.
if you get any more from them,tell them to talk to your ip and not you
and hang up
Posted: Fri Apr 27, 2012 12:51 pm
by Tina Shortland
Hi Chris sorry to read what a stressful time you are having of it. You IP should be getting on the case with this - so escalate the situation internally with their own complaints procedure if you are getting nowehere. The creditor company can stop the calls - maybe the person you speak to can't personally but somewhere in the chain of commend and process they can amend your record so that you do not keep appearing on whatever call list you are. Either way you should not be having to get all this sorted on your own and you definitely should not feel alone when you are being represented by an IP in an IVA.
The OFT are very hot on harrassment so a call them might be worth it but they may want to know details of the frequency of the calls and the seuqnece of events. You should only have to escalate this to your IP directly and let them sort it out - please keep us posted how you get on and I really hope your IP sorts this out for you asap.
Posted: Fri Apr 27, 2012 4:00 pm
by kev59
Know how you fell Chris,
I keep getting letters from Santander asking for payment. Have replyed to all there letters but yesderday got one saying there will pass the debt onto debt collection agency.
How sent email to my IP, knowing mal's company I know they will take it up.
Posted: Fri Apr 27, 2012 9:24 pm
by Blaster
Welcom crisdawn
See my post as of today called "Creditor Harassment".
All down to the good advice found here and mutual action taken by me and my IP. Don't poke up with it, take action and tell them that they are acting outside the law and it will stop.
Good luck
BB
Posted: Sat Apr 28, 2012 10:14 am
by kev59
With in two hours I got a reply from Liz,
she talk with santander and they have comfimed I should not be getting any letters and there will stop them.
WELL DONE AGAIN TO MAL'S COMPANY
Posted: Sat Apr 28, 2012 11:40 am
by Broke of London
Good luck resolving this! What a pest they are!! They are definitely in the wrong and acting illegally so take any action re complaints, OFT, police etc you think necessary. And don't feel bad about it because they know they are in the wrong! And if they don't know the laws and regulation which form their operating environment they shouldn't be in business! x
Posted: Sat Apr 28, 2012 12:20 pm
by kallis3
Glad you got sorted Kev.
Should that read Mel and not Mal!