Harrased by A&L on phone

[raccoon19]

Hi everyone. I dont write much in the forums but do read a lot. They are a good source of info.
Anyway, I will get to the point. About two years ago I contacted AL to get my payments reduced as my pay had dropped and finances were very poor. They did let me do it and I was paying £100 a month instead of the £350. Last year I was made redundant. After six months I phoned them again to ask to reduce my payments again to £50.
This is where it started to get upsetting. I have to phone them every month on the 12th to make a payment and at the time on the phone they always say "we need you to pay more each month". I tell them I have no money or any sort of benifits at all. Thye just repeat themselves.
It is always followed up by "we will take legal action and put a charge on your home if you dont pay more".
At first the chap who I spoke to made it sound as if they were going to make me sell the house. My wife and I got really upset. Anyway, always a couple of days later someone will phone and say we have not payed the months money, but when I tell them I have and quote the ref number they say oh yes I can see that now. They then follow this up with the same thing about the legal action and more payments.
This month I have had three phone calls from them. All say the same thing... more money...legal action..charge on home.
The last chap yesterday phoned to say they were going to take legal action. I told him I know this already. He said we need you to pay more money. When I told him I have no money or no job how was I going to pay them. All he said was "go and get a job then". Must know something I dont.
The thing is I and my wife are getting really upset and her health is not the best, the constant phone calls, the amount of phone calls and the attitude of the callers is just to much. I am going to the CAB today to see if they can talk to them.
My house is in negative equity by about £40,000 so cannot sell it anyway. I have tried to talk to them but just hit a brick wall with the same patter coming from them. If I could get a job I would pay the correct amount but I have applied for over 200 jobs in the last year and no luck.
any advice please.

[silverfox1961]

Hi,

Don't talk to them on the phone unless you can record the conversation (highly recommended)
send them this:

Harassment by telephone - Consumer Wiki

If you can't record the conversation then tell them to write and not phone.
refuse to answer their security questions.

fox

[silverfox1961]

Just realised my error. You are phoning them

Can you not set up a standing order?

Do you bank with them?

[diamondgirl]

Hi raccoon
Please try not to worry and get upset, I know its hard we've all been there but you've come to the right place to get lots of help.
Is this debt on a mortgage, loan or credit card?
Theese people are all the same threat after threat after threat, it's their way of putting pressure on you, scare tactics, all in the hope that you will pay more (people try to get additional loans to pay them off without realising its getting them more in debt) These people, and I use the term loosely are the lowest of the low.
Regarding the phone calls you could send them the telephone harrassment letter and state all communication must be in writing.
Do you have the means to record your conversations, if not make a note of the date and times they ring. Rule is DONT SPEAK TO THEM ON THE PHONE ALWAYS IN WRITING.
Why do you have to phone them to make the payment, its another way to put pressure on and threaten you, get someone to go into a branch for you (or go yourself and when they ask are you he, just say no) and pay it over the counter.
Court is a way off (if at all) its just another threat in the hope that they panick you into paying what you can't afford to do at the loss of paying another bill off. We on the forum will help you every step of the way.
CAB as you say may be able to help you they are very good or speak to the National Debt Helpline.
You could send the following letter to them:
Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (Even if you don‘t yet have recording equipment!)

Yours faithfully

Hope this has been of some help to you and I'm sure you will get more help as the day go as along.

DG

[raccoon19]

Hi silverfox,
no I dont bank with them. I phone them once a month to make a payment. I wont set up a standing order because I dont have any money in the bank account. I borrow money to put into account then phone them to make a payment.
I have just had my 4th phone call from them a few minutes ago with them going through the same thing as they always do. I told him that I was going to the CAB this morning and he suddenly cut the call short and just said to phone them when I find out what they say.
Will post as soon as I know something.

[raccoon19]

Thanks diamondgirl,
thats a big help to me and i will use the letter. I have just come back from the CAB and unless they can deal with all my creditors they say they cannot do anything. I have allready sorted out my TSB and Cahoot payment schedule with them so I dont want to start again.
A/L want my income and expenditure so they can see what I have left to pay.
I will send them that letter with an offer of my monthly payment to them and see what happens then.

thanks everyone.

[WelshMam2009]

Firstly, if you have access to internet banking then you can pay them every month from there without setting up a standing order and you can also vary the amount as you wish.

Secondly, what is the debt for??

[diamondgirl]

Have you done an I & E for your own benefit and listed everything out your priority debts first gas, electric, mortgate, CT, Food etc., and then subtracted your outgoings from your income? It will definately give you a better insight into what you can realisticly afford to pay all your creditors?
I wouldn't send AL an I&E unless they actually insist that you do?
When you send the letter I would put the bit about communicating in writing only in bold.
Good Luck keep us posted.

[raccoon19]

Yes I have done a I & E sheet so I could work everything out. I have not sent anything yet. I did phone them again however. This time I got a girl who actually new what was going on. Although she did say to make my payments as high as possible. She did inform me that the account is being sent to their legal dept and I should hear from them in about ten days.
I will try to sell the house to a company asap before then. I am thinking of making myself bankrupt. As I dont have anything of value and the house is negative equity. The council have said that I would get a house because its not my fault that I have had to sell the home. It beats paying out all the time.
I know some people will say dont do it but the way it all is going, that is where I will end up anyway, and I will of been paying out all the time.

[raccoon19]

Hi everyone, just a quick update. A/L said to me the last time I spoke with them that I should pay what I can for as long as I can. This however does not stop their legal department starting the proceedings to put a charge on my home. After reading in other similar posts on the same subject with other companies, I should get a court summons and that I should make some sort of evidential case for myself to the court.
I would be going to the court to try and stop them from getting the charge against my home. So with this in mind, could you shed any light on this sort of proceedure please. As yet I have had no letter from anyone at all that is involved. The woman on phone said it would take them about ten days to contact me.
Thanks for any input.