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| Harrassed By Phone Calls And Texts | |
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| Topic Started: Jul 28 2006, 04:17 PM (330 Views) | |
| Mumsy | Jul 28 2006, 04:17 PM Post #1 |
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I apologise for the fact that this is a fairly long posting, but I'm so angry with Direct Auto Finances (aka Yes Car Credit?) I've just got to let off steam somewhere! A few years ago, my daughter bought a car via YCC, and things were going OK until my daughter recently suffered a nervous breakdown (for reasons which I won't go into at the moment) and was off work for quite a while She has now had to give up her job altogether. Her husband walked out some time ago, leaving her with two boys under 9. Although she was receiving 'sick pay', she still made sure that the car payments were met each month, until recently - when her firm didn't pay anything into her account at all (yes, there are still wages owing to her). She was honest enough to contact Direct Auto and tell them of her position and of her financial difficulties. Whilst they made all the sympathetic noises at the time, my daughter then started receiving phone calls and text messages from Direct Auto, often three or four a day! Because of my daughter's breakdown, she has been unable to cope with this, so this morning, I contacted Direct Auto on her behalf. I was told that her account would be put on hold, and it was agreed that I would phone them in a week, by which time we should've been able to get a clearer picture of my daughter's financial situation. However, some hours later, I had an extremely upsetting phone call from my daughter, saying that she'd just had yet another phone call and another text message from Direct Auto. I phoned them straight away, and was told by the first person, that they couldn't stop the phone calls and texts. I hung up, and phoned again. This time, I was told that they could be stopped, and they again guaranteed that the phone calls and text messages would stop, at least until 4th August. It seems that these phone calls and text messages are made by an automated system, but to receive as many in one day as my daughter was receiving ... isn't that bordering on harrassment? In her present state of health, my daughter is unable to cope with anything like this, and if anything happens to her as a result of this whole situation, I'd like to think I have the right to 'come down very heavily' on the finance company! I know there may be some unscrupulous people around who'd try anything, but my daughter isn't one of them, and she's been entirely honest with the finance company all along. Why then should she be treated so badly? It's OK for them to have this 'automated harrassment' in place, but they don't have to pick up the pieces at this end. Believe me, it's heartbreaking to see my daughter trying unsuccessfully to cope with all this. Incidentally, when my daughter signed the original agreement, part of that agreement was that she could, if she wanted, choose another car after three years. Now that YCC apparently isn't able to honour that part of the agreement, shouldn't we receive some kind of rebate or compensation? They're quick enough to 'let the dogs out' if we can't honour part of the agreement!!! That's it. Rant over. Mumsy |
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| jenni | Jul 28 2006, 07:56 PM Post #2 |
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i know exactly how you feel and really sympathise with your daughter. I lost my job at the beginning of the year (was sacked for a pregnancy related illness). rang DAF straight away and they just weren't bothered. All they wanted was their money. After I missed my first payment they started sending letters every 4 days adding £15 to my arrears. They then started texting me and calling me up too 8 times a day, 6 days a week. It gave me no end of stress until I realised that what they were doing was technically harrassment (not that anybody will take on a case against them for this). So I wrote and told them I would only communicate with them by registered post. They then started ringing and harrassing members of my family until I threatened them with police action if they continued. Now, I have a solicitor who is taking on my fight against DAF for me and believe me he knows all about the goings on at that company and intends using all this information against them should they chose to go to court (I have all the calls logged and all text messages they have sent) |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************** 
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| lizzy | Jul 28 2006, 09:19 PM Post #3 |
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hi, first of all let me say im sorry to here about your daughters problems, and secondly to say that we are all here to offer as much support and help that we can. I am affraid that dafs and ycc do not give a damn about about anything other then getting there money, however they can. I know that we all keep harping on about it but its important that you and your daughter seek some outside help from somehere like the cab. It seems to be pretty pointless trying to deal with dafs or ycc on your own they think they are above and beyond the law, but rest assured sooner or later someone will have to answer for all there crimes. |
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| Buzz | Jul 28 2006, 10:51 PM Post #4 |
www.saynotoyes.co.uk
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Hi Mumsy, Welcome to the forum. To stop the texts, you must write to them and remind them they are in breach of the Data Protection Act. I did this and they stopped. As for their excuse that it is an automated system, well a system will only run with a human being to program it. They always try to blame something. Obviously the system can be overridden, as it proved when I complained. Hope this helps. I wish your daughter a speedy recovery. Best wishes, Buzz wink |
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| instokeuk | Aug 1 2006, 02:46 PM Post #5 |
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hi, just wanted to let you kno that i`m suffering the same problem,i`ve explained my situation to them and even told them that what they are doing is harrassment-now i don`t answer the phone and log all calls with time and date. they`ve now said that they are going to take me to court-bring it on i say as like so many others i was sold gap and ppi when i didn`t need them and also the deposit was taken off the insurances.i have got an appointment with cab and also am in the process of filling in the forms for moors.if they want a fight then they`ve chosen the wrong person.just to rub salt in a bit more provident are getting stroppy with me over my account with them-there is a saying"you can`t have what i haven`t got" also that every dog has its day and mine will come if it goes to court-esp after they rejected a fair offer of payment that i made to put an end to all this. its about time they were shown that you can only bully someone for so long before they turn and bite you back!!!! 
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| Mumsy | Aug 1 2006, 03:49 PM Post #6 |
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Thanks for your support everyone, it certainly makes things a bit easier to bear when you realise that you're not the only one suffering like this! Latest update: The phone calls and text have stopped, allbeit temporarily. When we spoke to DAF, we did explain that there was, at present, nothing but pence in my daughter's bank account, and we were assured that her DAF a/c would be put on hold until we got back to them on 4th August. However, they still tried to take their direct debit from my daughter's bank, and of course it was rejected ... and this has caused my daughter yet more problems because her bank makes a £35 charge for unpaid direct debits! Although nothing has been said about going to court, I'd like nothing better than to support my daughter in a court case against YCC and DAF but, quite frankly, there's just no way she could handle that at the moment. I think we're just going to have to 'go with it' for a while, and see what happens when we talk to DAF on 4th August. I'll keep you posted! Thanks again everyone, your words of support are very much appreciated. |
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| jellyc | Aug 2 2006, 08:24 AM Post #7 |
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Hi there Just a quick note with regard to the bank charges on your daughters account. Try this website: www.consumeractiongroup.co.uk, they are working to reclaim 'unlawful' bank charges (more details are available on the site). My husband and I have received almost £2000 back in bank charges recently. It takes a little effort but it's worth it and it didn't take very long. Hope this helps you and I wish you and your daughter all the best. Kind Regards Jo |
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| jenni | Aug 2 2006, 11:34 AM Post #8 |
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just hope you aren't with Alliance and Leicester though because if you reclaim the bank charges (they will not contest this), they will however then give you 30 days notice that they are closing the account. Found this out from my local paper when I looked into doing it because obviously if they did that I would then have to go to another bank and just be left with a crappy cashcard account because of my credit rating |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ******************************************
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| jellyc | Aug 2 2006, 12:17 PM Post #9 |
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No I'm with HSBC and I only have a crappy cashcard account anyway (well I have a solo debit card) because of my credit rating so I'm not losing out. I also opened a second account with the Royal Bank of Scotland just to be on the safe side when I asked for my charges back! wink |
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| terrified | Aug 3 2006, 08:09 PM Post #10 |
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If the calls and texts start again you could mention this to them: Section 40 of the Administration of Justice Act says that your creditors are breaking the law if : Their behaviour subjects you or any members of your family to alarm, distress or humiliation They contact you very frequently There are of course a few other points about this act but these are the ones that seem to apply in your case. However you must keep a record of any incidents that could fall into the above, usual date and time, content of call etc. I am not an expert but have done the only sensible thing and that is went to a CAB - which is where I got the above info from. Hope it helps :rolleyes: |
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| Guest | Aug 15 2006, 11:02 AM Post #11 |
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While the advice CAB have given you is true enough, it may have little effect as actually getting any authority to take action against a creditor for this criminal offense is rare indeed. Trading Standards would have the enforcement powers for this, but don't often do anything as heading into a cash-hungry legal action against a company with deep pockets isn't something they will do often. |
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