Phone Calls

Debt collectors are dealt with very similarly to the banks, but as you now have a tacit contract with the bank, you send them this first. You follow up with letters as you did with the bank. They will still tend to phone you but not as often as the banks, normally every few days and they do tend to leave messages. Depending on the size of the company, you will either get one person assigned to your case or a call center approach where someone different will be phoning you each day, however they are easily dealt with and can often give in much quicker than the banks.

Most important, DO NOT DEAL WITH THEM BY PHONE (AFTER THE FIRST CALL!)

1) The first time they phone up, explain to them that:

'I wish to deal with this matter in writing only, and should I continue to receive calls from you or your company, then this may constitute ‘harassment' in which case I will be forced to take further action under Section 1 of the Protection from Harassment Act 1997. ' Thank you and good bye

2) Second time they phone up:

When they ask for you, just say: 'Who is it?; hold on a minute' (as if you are just about to get that person) and then LEAVE THE PHONE OFF THE HOOK

They normally hold on for around 4-5 minutes, but after a while they get the drift

OR you may wish to try:

'Could you please hold on a minute whilst I log this call, as I believe these calls may now constitute harassment'...

OR my current favorite:

Ask them security questions, like their full name, their job title, direct number and the name of their line manager. Also inform them that the conversation may be recorded for training purposes. Most mobile phones have a sound recording function. When they ask you a security question, simply say that you do not disclose your personal details on the phone for security reasons!

OR

If you're really getting tired of all the calls, use your network provider's service to block the number. Most offer a service like this to intercept nuisance calls.

Either way it's great fun! And you do not give in to their intimidation! If they feel they are intimidating you, they are far more likely to continue. I have had companies give up after three phone calls because they didn't like giving me the security information I was requesting... Don't let them harass you- Harass them!

Decide on your strategy before they phone up. You may wish to print some notes to put by the phone so that you will know exactly what to say when they phone up.

Remember, if what they were doing was completely lawful, why do they harass us with loads of calls? Why do they not follow the legal process every time?

I've dealt with 7 or 8 different companies and despite threats and letters, have never been successfully taken to court, even on moderate sums of around £10,000

It's far easier and cheaper to harass and intimidate those people who do not know the truth, and get them to pay up, than it is to take you to court...

Letter 1

There are three letters, which need posting at least 10 days apart, exactly the same way as you did with the bank letters. You send them a copy of your tacit agreement you have with the bank. Together they will create a tacit agreement, similar to the bank one, which is a lawfully binding contract. If they should send you an invoice as you request in the letters, in your Title case (First letter capitalized only) name AND should they sign it, then please contact us here immediately and we will instruct you how to write a Transfer Instrument, to discharge the 'debt'. However you WILL need a signed invoice BEFORE you can do this and of the hundreds of people who have already used these letters, no one has ever received an invoice of any description.

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Letter 2

Follow up Letter 1 ten days later with Letter 2 which starts the formation of the tacit contract.

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Letter 3

Finally follow up ten days after sending Letter 2 with Letter 3, the third and final letter to the bank or credit card company, which forms the tacit contract.

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