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  #1  
Old 01-March-2002, 18:38
taxman
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Default Yet more harassment

Got a letter today from Scotcall - www.scotcall.co.uk enquiries@scotcall.co.uk Freepost address Freepost GW7187 GLASGOW G2 8BR

It it included the following:-

"We intend to arrange a doorstep call by one of our representatives unless within 7 days you respond to this letter and make specific repayment proposals which are acceptable to "SCOTCALL" thereby precluding for yourself further inconvenience or legal and collection expenses."

This is in relation to an amount of £20.03. Letter is dated 20th February. I have already told our good friends at DLC in September 2001 that I do not owe this. What clearer case of harassment and an offence under section 40 Administration of Justice Act 1970 can there be? However the address on the letter is in Scotland. The Administration of Justice Act does not apply in Scotland. Is the fact that the letter has been sent to me in England an offence? I presume if someone calls at my doorstep that individual could be committing an offence. Interestingly the envelope states the return address is in Belfast. Section 40 does apply to Northern Ireland by virtue of Northern Ireland under the Judgment Enforcements (NI) Order 1981. I have faxed a copy of the letter to Trading Standards.

Somebody posted a freephone number for Tiscali on this board. I can't find it. Does anyone know what it is, please?

Bryan
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  #2  
Old 01-March-2002, 21:06
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This seems absolutely vindicative. How much is it costing Tiscali to engage this firm to collect an alleged debt of £20.03p?

I'm afraid I would cop out here and send a cheque addressed to "The Company Secretary" marked "paid under duress and harassment" . State that you deny the alleged debt and may be seeking redress and compensation in a County Court. You then have absolute control over developments.

Maybe copy your letter to all the official sources we have traced on this board.

I don't know whether the number given in Silver's "sticky" above is any use for your purposes.

Good luck Bryan.. I appreciate how worrying this must be to you.
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  #3  
Old 01-March-2002, 21:26
taxman
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Thanks for the info. I will try the link suggested on Monday as I am not sure if Tiscali is alive over the weekend. I have responded to ScotCall with one or two emails hoping their representative will not trespass on private property.

There is not the slightest chance I will be sending a cheque to Scotcall. They might get a few freepost letters I suppose.

I will be in touch with the Office of Fair Trading on Monday as they are involved with credit licences. ScotCall and Tiscali have these. I suppose DLC has one as well. Maybe not for long if I have my way.

Bryan
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  #4  
Old 02-March-2002, 15:58
kitgem
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Cool Yet more harassment

Hi taxman, why don't you e.mail Tiscali stating that you do not owe this money, request a reply by letter or e.mail by a certain date etc otherwise `their inaction is stating that you don't owe any outstanding monies' and that their use of a debt collection action constitents harassement. Tiscali do not keep accurate records etc and if they are anything like World Online their manual records/invoicing/telephone converstions record logs with them are shoddy or non-existant. Best keep everything in writing or e.mail with deadlines. See my postings today. Good Luck.
Kitgem

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  #5  
Old 02-March-2002, 16:50
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There is not the slightest chance I will be sending a cheque to Scotcall. They might get a few freepost letters I suppose.
Sorry I didn't make my meaning clear! I meant a letter to the Company Secretary of Tiscali. Agree with you .. in no way would I hand money over to Scotcall.
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  #6  
Old 03-March-2002, 18:43
taxman
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Here is what I have faxed to the Office of Fair Trading a few minutes ago:-

"I attach copies of documents I have received from two debt collection firms.

The first dated 30th January is from Direct Legal & Collections, the trading name of Hillesden Securities Limited. I informed that company on 10th September 2001 that I owed nothing to World Online Telecom. On 30th January I received 3 telephone calls from Direct Legal. I consider 3 calls in one day to be harassment under section 40 Administration of Justice Act 1970.

The second document dated 20th February, was received by me on 1st March. I consider this document to be the clearest attempt at harassment that is possible. I take that view because of the wording of the heading and the second paragraph. I note the company’s address is in Scotland. I have ascertained from Companies House that its registered office is also in Scotland. It is beyond doubt the company is attempting to take advantage of the fact that the Administration of Justice Act does not apply to Scotland. Their website www.scotcall.co.uk states that it has representatives throughout the United Kingdom. It gives no addresses for these representatives.

It is clear to me that the credit licences of both companies should be revoked.

I should be glad to receive your comments in due course."

Any comments?

Bryan
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  #7  
Old 05-March-2002, 00:17
frmarcus frmarcus is offline
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taxman: Sorry about your hassles. I have a similar story. Having settled with DLC for what I owed Tiscali *minus* what they owed me in agreed compensation (the usual story: I didn't settle with T initially 'cos I couldn't get any sense out of them on my numerous attempts to contact them) back in the summer, I too have heard from this new company threatening me for the balance that I don't owe.

I made it quite clear to DLC that the payment I made was in full and final settlement; I sent them copies of documents proving that I owed no more. Finally, I threatened them with the Army Legal Service if I heard any more from them or they tried to affect my credit rating. They seemed to take the hint... Then, this latest wretched company gets involved.

I'm *so* fed up with this nonsense!

Thanks for the e-mail addy of the new company.
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  #8  
Old 05-March-2002, 18:20
frmarcus frmarcus is offline
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taxman: Have just e-mailed ScotCall refusing to pay and threatening counter-proceedings. I'll paste any reply!
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  #9  
Old 06-March-2002, 11:21
taxman
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But, unless you are in Scotland, isn't there a problem starting court action against a company in Scotland which does not have an office in England and Wales?

Hope you get an answer to your email. How many did you send?

Bryan
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  #10  
Old 06-March-2002, 17:37
frmarcus frmarcus is offline
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Bryan: Thanks for yours. You could be right about the legal geography; I'm really only *threatening* with the Army Legal Service. It seemed to work for DLC - but then the matter got passed on to this bunch.

No reply as of yet; I only sent the one e-mail. Do you suggest I contact others?

Best wishes,
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  #11  
Old 06-March-2002, 18:24
taxman
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I just thought that sending more than one email might annoy them even more than they annoyed you. I would be very surprised if you got a reply.

On another matter here is an update on my letter to the OFT. They phoned today to say that my letter had been copied to Trading Standards in Northants, the home authority, for DLC and somewhere in Scotland whichever is the home authority for ScotCall. The OFT does not take up individual complaints but they do decide if a credit licence should be removed. They use Trading Standards to investigate complaints and report back to the OFT.

I suggest the OFT route is the better first way rather than starting with making a claim against ScotCall. The more complaints the OFT get the more likely it is that ScotCall and DLC will be closed down.

Bryan
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  #12  
Old 06-March-2002, 20:04
frmarcus frmarcus is offline
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Bryan: Thanks - I'll try that. I did make the point to DLC that Trading Standards was investigating their Client (they didn't address that as such, but they did reply to my e-mail...) I suspect that the likes of ScotCall just don't want the hassle of alleged debtors biting back with letters to Trad Stands, etc. I shall e-mail them again stating that I complaining to TS (of course, debt collection agencies are arguably engaging in extortion with their threats to 'recover' monies not owed to their clients. They themselves can surely be prosecuted?)
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  #13  
Old 07-March-2002, 10:27
taxman
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frmarcus: I have not been in touch with Tiscali about all this. I have complained only about the tactics of the debt collection companies. I probably will tell Tiscali pointing out that they also have a credit licence. If their agents are acting in an improper way maybe the Tiscali licence could be removed. That might cause them to do something. However I believe the more important point is that the collection companies have to keep to the rules. If they don't they should be shut down by the OFT. In England and Wales the legislation affecting them is section 40 Administration of Justice Act 1970 which has been mentioned before. Trading Standards deal with that section and can bring a prosecution. Additionally the Harassment Act (forgotten the year) may be applicable. The police deal with this. I don't believe just asking for money whether it is owed or not will bring about a problem for the collection companies. It depends how they ask.

Bryan
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  #14  
Old 07-March-2002, 19:00
frmarcus frmarcus is offline
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Bryan: I'm sure you're right; but surely it's illegal to attempt by law to extract money that is not owed (ie, it is a debt collector's responsibility to ascertain whether a debt to its client *really is* legitimate). You might say that the law itself would establish the legitimacy or not - but only after the alleged debtor has undergone considerable hassle in rebuffing a claim. That, perhaps, is where compensation comes in.

It may, then, be wise to mention to a debt collector that, in rebuffing a claim, a counter-claim for compensation will be placed. I feel that I made every effort to resolve WO's claim with indisputable evidence: they simply didn't communicate, then passed the matter to DLC. What can one do? It's most frustrating...
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  #15  
Old 08-March-2002, 08:22
kitgem
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Cool Yet more harassment

Hi taxman and frmarcus, why don't you e.mail Tiscali at community@tiscali.co.uk or custbillingidg@uk.tiscali.com ?
I e.mailed them several times at community@tiscali.co.uk and got a reply via letter from a person named Toby Gallagher at Credit Control. Have a look at the e.mail one was addressed to the Managing Director, the other to Jenny Dodds (Customer Care Team). which I have posted below;


Dear Managing Director and Staff,
I initially e.mailed you on 26th February 2002 (see below). Up till today (28th February) I have not received a reply. Unless I hear from yourself or your staff via e.mail by tomorrow (1st March 2002-5pm), that I will take this inaction by yourselves as an agreement that I don't owe any outstanding monies and that the payment made to you in January 2001 is a full and final settlement. I require this to be dealt with as soon as possible as I will shortly be going abroad for a period of six months. Do not telephone as I am currently ill at home and wish to deal with this matter via e.mail.
From: ?????????
Address: ???????
Dated: 28th February 2002
Time: 1:55pm


Dear Managing Director,
I left Localtel/World Online now called `Tiscali' in January 2001 due to:-
1. Customer Service (difficult to get through on the phone, took 45 minutes to an hour) problems were never resolved.
2. Customer Service (sent through many direct debits) which I discovered were lost and not actioned etc.
3. Customer Service - Accounts (incorrect invoices) requested amended invoices but these were not actioned by yourselves.
I had to admit defeat and sent through a spreadsheet detailing the invoices (amounts etc) and paid by cheque as you were unable to collect by direct debit. This happened in January 2001.
In February 2001 I telephoned and spoke to Customer Services and was informed that you had received my cheque and that there was no outstanding balance. I requested that this was put in writing.
I did not receive the letter and telephoned Customer Service in March 2001 and again was informed that there was no outstanding balance and that you would confirm this in writing.
Could you please confirm via e.mail that you have received full and final settlement. Do not ring me as I am currently ill at home.
From: ???????
Address: ????
Dated: 26th February 2002

I have scanned in my letter from World Online/Tiscali onto the computer. Please see below. To enlarge the letter please click on it a couple of times.

http://uk.photos.yahoo.com/bc/kitgem...+Online+Letter


Hope this helps,

Kitgem


Last edited by kitgem; 08-March-2002 at 08:35.
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  #16  
Old 08-March-2002, 09:33
taxman
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Kitgem

I am still a customer of Tiscali. I haven't written to them as they are not pursuing me. I just have these idiots from DLC and ScotCall writing and phoning. I am glad you got the highly satisfactory letter from Tiscali.

Bryan
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  #17  
Old 08-March-2002, 16:48
frmarcus frmarcus is offline
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kitgem: Many thanks for the helpful advice. I have to say, though, that I e-mailed CS numerous times to get matters sorted; either there was no reply or a promise of further action that never materialised. Then I'd have to start the process off all over again... I gave up in the end. I s'pose I could try one more time. With this Company, unless things have changed for the better in recent months, it has always been hit ot miss as to whether you'd be properly attended to with a query. We all know the billing disasters of the early days: this is a remnant from then - when compensation for my phone Localhell cut off for four days was awarded by letter - but never paid, despite undertakings to sort it. I simply deducted this amount (£39) from my final bill when I closed the acount last April. That's what all the hassle's about!

Best wishes,
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  #18  
Old 23-August-2007, 19:02
FERGIE
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Post Re: Yet more harassment

This seems absolutely vindicative. How much is it costing Tiscali to engage this firm to collect an alleged debt of £20.03p?

I'm afraid I would cop out here and send a cheque addressed to "The Company Secretary" marked "paid under duress and harassment" . State that you deny the alleged debt and may be seeking redress and compensation in a County Court. You then have absolute control over developments.

Maybe copy your letter to all the official sources we have traced on this board.

I don't know whether the number given in Silver's "sticky" above is any use for your purposes.

Good luck Bryan.. I appreciate how worrying this must be to you.
Originally Posted by Worldlife View Post
I just had a letter from SCOTCALL, stating that I bounced a cheque in March 2002. The letter arrived yesterday 21/8/2007. My bank has no record of a cheque bouncing and SCOTCALL have no record of the cheque. They were not happy when I asked for a copy and demand payment. Has anyone any advice?
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  #19  
Old 02-October-2008, 11:12
lstone
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Question Re: Yet more harassment

Read some of your letters. Can't get in touch with Scotcall Debt Collectors on phone, have no idea what they are talking about or how they got my address...certainly not going to waste money on a registered letter...I live in Essex let them waste their petrol money coming down to realise I'm on job seekers allowance and the only thing worth taking in my house are my cats.

Very depressing, hope these people enjoy their work.
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  #20  
Old 16-June-2010, 14:05
GUEST
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Default Re: Yet more harassment

YOU need to visit a website called consumeractiongroup.co.uk
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