Preventing continueing telephone contact [From Cabot & NCO Europe]

[Florida2020]

Well, further to my CCA requests in July of last year and my ceasing to continue with Stepchange payments in October 2020 Cabot Financial and NCO Europe have this month commenced a barrage of telephone calls to engage with me. I have blocked their numbers, however, for some reason the phone still rings. I have retaied copies of my CCA requests. Cabot did not respond, and NCO's affiliate Capquest sent, a re-constituted agreement [I have sent a copy to the webmaster email to have a look at to see if it's enforceable. My question is at the moment, is there any way I can stop the calls? Should I pick up the phone and tell them to put communications in writing, or just ride it out and wait for them to write to me if they do? Any advice would be appreciated.

[Florida2020]

Niddy has deemed the Sainsburys CCA unenforceable as it's illegible, any advice on the inbound calls would still be appreciated.

[Florida2020]

If relevant my home number is registered with the telephone preference service.

[ca71]

Is it worth checking with your telecomms provider as to whether the blocking is working correctly? Can you change your number?

[The Tech Clerk]

sounds like what may be happening is that a large group of numbers with different area codes including your own is being used so block one another kicks in,

» Harassment by Telephone send and keep copy and get proof of posting

[Warwick65]

I would send a letter stating in writing only. You could use the template above although I personally would stop after ‘in writing only’. Just to be clear I would add the phone number(s) they are calling on. They clearly have your number anyway so you aren’t telling them anything they don’t know.

[Florida2020]

Thanks very much Tech Clerk & Warwick, I'm telephoning my phone provider tomorrow, and will also get the letter off as advised

[ca71]

sounds like what may be happening is that a large group of numbers with different area codes including your own is being used so block one another kicks in,

» Harassment by Telephone send and keep copy and get proof of posting

This was definitely the case with Cabot. Over the last year or so, I must have blocked 50+ numbers. The messages would still appear in my voicemail list (under Blocked numbers). Since I changed my mobile provider (and no longer have a thing called Visual Voicemail) the calls and voicemails have ceased completely.

[Joanna Connolly Solicitors]

is there any way I can stop the calls? Should I pick up the phone and tell them to put communications in writing, or just ride it out and wait for them to write to me if they do?

The calls will stop eventually, it's probably an autodialler which will run out of steam if you don't answer.

I never take a call unless I recognise the caller's number.

The last time I suffered relentless calls like you, I eventually cracked and told the human I wouldn't clear security since I didn't know who she was. However she persisted, so I said that since she already knew my name she should "Google me!", and then hung up.

Unsurprisingly I never heard from them again

Di

[julian]

This is my opinion. Di may post a health warning.

Having looked through some old agreements, there is a statement saying the equivalent of selling on account to 3rd parties, and another regarding taking "civil" action for recovery. There is no mention of using the CRA/DVLA/etc to find any and all contact details to embarrass and cower you. That is in no way Civil.

Some accounts were taken out before Internet and the commercialisation of government bodies, others more recent. The contracts did not cover such intrusion as trawling social media, and the agreement updates do not include the implicit or explicit acceptance of media bombardment, whether or not it is part of their business model and cheap.

You could always write and deliver the Harrassment warning option to them.

Feel free to adapt.


E. G.
I hereby request that all future contact be in writing and by post only.

I am concerned that you continue to attempt to contact me consistently by other media. I consider this harrassment.

If you choose not to desist I will report your activity to every applicable authority.

Love and kisses

[Florida2020]

Update since my letters to request stopping of telephone calls.

Hi all,
Since my letters to Link, NCO Europe, and Cabot, the following has now happened:

Response from Link by letter dated 2nd of March:
Acknowledged that they will now contact me by letter [or email, email which I have not requested]. in the event of communication breakdown, we reserve the right to re-invoke telephone contact. If you have any queries please don't hesitate to contact a member of our team. No further contact has been received since their letter.

Letter from NCO Europe dated 28/02/2021, I think this may have crossed with my letter as it doesn't make any reference to it. I have a copy of my recorded delivery letter which they have received. Their letter states "Due to your account failing to meet the requested criteria we are writing to give notice that the above account is to be removed from our financial difficulties programme and referred back to our client [American Express]. Though we may still be in a position to assist you, our options are limited given that we have been unable to gain sufficient information regarding your financial situation. this leaves us unable to agree to a suitable repayment arrangement. In order to resolve this matter, please contact us within 7 days of the date of this communication, and we will work with you to find a solution. What you should do now, please contact us on [their number and email supplied]. Failure to contact us within 7 days of the date of this letter and may result in your account being referred back to our client. The letter has been followed up by them with 8 telephone calls to me between the 3rd of March and 17th of March, all of which i have ignored. they've obviously ignored my letter.

Letter from Cabot dated 09/03/2021. On Royal Mail track and trace my letters showing return to sender, although I've never had it back.
However, they acknowledge receipt, and that all further contact will be in writing. They refer to dialogue with me on 07/07/20 during with they state I advised that I would be continuing with my debt management plan. They refer to their being advised by step change on 26/01/21 when they state step-change advised they were no longer dealing with my account. They go on to advise that my account was referred back to their customer operations for management on 17/02/2021. we have not heard from you to gain an understanding of your circumstances. Placed your account on hold for 30 days to allow you to seek advice.
They do not refer to their responses to the 6 CCA request i submitted, 5 of which they advised were unenforceable, the 6th they did not respond to.

Any advice relating to the above would be greatly appreciated. Can NCO refer the matter back to Amex, and are they allowed to continue with their calls?
Cabot continue to try to secure payment, despite not accommodating the CCA requests, and Links response is subsequent to them only providing one of the 2 CCA's requested.

[Joanna Connolly]

They are in breach of your S.78 CCA requests - did you send the £1 statutory fee? If so then the agreement is unenforceable. They can refer the matter back to Amex, they should not be making telephone calls if you have asked for it all to be in writing.

Have you thought about changing your telephone number? If you tell the telephone provider that you are being harassed they should not charge for the number change. Another alternative would be a call blocker.

[Gerry Jemitus]

Yes, changing your telephone number is always an option. I am not sure that the TPS the telephone preference service (mentioned earlier in the thread) applies to calls from debt purchasers. It's primarily aimed at cold callers, people selling services over the phone rather than chasing alleged debts. There are telephones you can buy quite cheaply that offer call blocking, as well as the telephone network systems.

[Florida2020]

Hi guys,
Thanks for your advice. Yes, I have paid my £1 fee for each of my requests.
I appreciate your guidance and advice, however, purchasing another telephone or asking for a number change will more than likely incur expense on my part. I am registered with the telephone preference service, but this hasn't stopped the calls. Is there a further letter that I can send relating to them, continuing to call, and relating to harassment, and do I have any legal rights here? Also is it worth my picking up the phone and remind them that I have asked them to put matters in writing?.

[The Tech Clerk]

Harassment by Telephone get proof of posting

[Florida2020]

Hi,
As per my previous post, I have sent the harassment letter recorded, calls continuing!!