XML FeedsEquidebt now EQL
By Value hunter on Nov 23, 2010 | In In real life, Money chat, Bad business
If you have an unpaid debt, then it maybe purchased by a "company" called equidebt, be prepared for some telephone calls from a "company" called EQL.
The telephone call will consist of asking for the person named on the debt, followed by repeated requests for the person named on the debt, wether they are present or not.
Their advisor will give their name and state they are from a company called "EQL"
Of course, equidebt ltd and EQL are the same company.
The advisor will then completely ignore any verbal request to remove your telephone number from their records and to contact you in writing ONLY.
The equidebt or EQL advisor will then instruct you that they will simply ring you up again at another time and terminate the call.
These telephone calls could come at any time, more often than not they will come around tea time and early evening.
Equidebt's actions are standard, fair game, for a debt collection company right? WRONG!
What equidebt/EQL are doing is illegal:
- Telephone calls at unsociable hours
- Refusing continuous requests to remove your telephone number from their records - even when that telephone number belongs to someone else!
- With holding clear information about who they are working for (any written contact is made by "equidebt limited" when asked who they represent they say "EQL" - the advisor has to be asked again who EQL are, only then do they reveal they are infact equidebt)
- Refusing continuous requests to have contact made in writing only
How are equidebt/EQL breaking the law?
Administration of Justice Act 1970;
s 40 - "harassment of a would be debtor"
When notified in writing, equidebt/EQL should remove a debtor's telephone number from their records (This should not be completely ignored when equidebt rephrase their company name to "EQL").
Any telephone calls should not be at a time of unsociable hours.
When making contact via telephone or written letter, equidebt/EQL should make clear exactly who they are with immediate effect. (It is against the law to misrepresent who they are by quoting more than one company name)
At no point, should correspondence cause "duress" to the would be debtor (Telephoning when written request has been made for contact in writing only, is bad enough, but to add to the duress, by making remarks to the effect that telephone calls will carry on regardless of the would be debtor's legitimate requests to cease.
Other laws that will also be applicable:
* Consumer Credit Act 1974 - If a company do not comply with the law regarding harassment of a would be debtor, they may also be in breach of this act, as regards their suitability to hold a consumer credit license (which they will need to be able to operate as a business).
* Data Protection Act - Often, account notes from debt collection companies are not updated correctly and accurately. Which is why all correspondence should be in writing only.
10 comments
i disagreeEQL is used for Data Protection purposes- equidebt is then used once the person on the phone has confirmed themselves as the debtor
numbers are always removed on request
Equidebt's working hours are 8am-8pm and are allowed to call within this time- dont you think it wouls have stopped a long time ago if they weren't allowed to??
Appreciate your feedback, but you are wrong.I know of three "customers" of equidebt who have repeatedly requested that the telephone number they are attempting to contact them on, be removed from account notes. The telephone calls continue.
This is breaking the Data Protection Act and keeping inaccurate telephone records on the "customer" account.
This is also breaking the law as regards the Administration of Justice Act.
It is "Harrassment of a would be debtor" whereby an individual has the LEGAL right to request that contact be in writing only. If notified, the company should adhere to this and cease telephone and doorstep calling.
Just because equidebt/EQL are open 8am - 8pm, does not mean that calling within these times is unsociable. The old "if it was wrong they wouldn't do it" argument is a fob off.
You conveniently forget that they should not be phoning in the first place.
EQL is used for data protection - totally irrelevant!
They are misleading by refusing to reveal their registered business name upon request. I think you'll find that this is once again, illegal!
On one occasion that I know of, when they called at 7.56pm, they were requested to remove the telephone number from the account notes with immediate effect and contact in writing only, equidebt's advisor replied, "It's ok, we'll just phone you again at another time!" and put the phone down.
If this recorded call was even noted on the account notes, which I very much doubt, would the advisor have revealed the telephone number removal requested by the "customer" - No
Would the advisor have posted what they said to the customer? - No
Would the advisor have posted that they cut the customer off? - No
I know these to be true as equidebt/eql called again two days later with the same outcome.
I don't know what laws equidebt think they have to adhere to, but in England and Wales, breaches of the Data Protection Act are an offence!
I had a call from these people this morning, looking for someone else, on my number, they did not identify them selves as EQL or by any other business name, I knew they were debt collctors as I have other calls from other debt collectors looking for Mr#### using my mobile number. when I asked who they were she ignored me and asked for Mr##### again.
I told them they have the wrong number and requested that that my number be removed from their system..... I doudt this will be done, but let wait and see. 
Last hope
My Daughter aged 17 took out a Paydayuk £150 loan (must have given wrong D.O.
she had no job and no income at the time ( but my guess is she gave false information but they cant disclose that to me) They gave her a loan she could not pay back now its been taken over by Equidebt who ring my daughter and me. they wont tell me what credit checks were done on my daughter for them to pass a payday loan and they have proof my daughter was 18 when she took out the loan (she is still 17 with no income) anyone know were i can go for help with is??? as i feel if they had done the right checks in the first place they would have turned her down for any loan First stop equidebt/eql from phoning or visiting you.Write a letter stating that "all contact will be in writing only" quote the administration of justice act, which states persistent phone calls/doorstep visits are "harrassment of a would be debtor" and as such are illegal. These should stop within a 7 day period. Ask also for the removal of your phone number from their records.
Then once these have stopped, write again (dont forget to print your name instead of signing it!) asking for proof, and then seek a copy of the full original agreement that your daughter signed for.
Include also a request for the information on credit checks etc.
ALWAYS send them via recorded delivery so that they have to sign for them on receipt and cannot pretend that they have not received your letters.
(consumeractiongroup.co.uk is just one great source of information on the net - never pay for advice unless its a solicitor)
Try not to worry too much, there is always help at hand.
I have been contacted by these people and explained that the address they have is not mine nor is the phone number. I have lived abroad for almost 8 years and certainly have not run up any debt. The attitude used suggests that they are within their rights to ask for personal information. God help any older person who these people speak to because they are just bullies. Remember the golden rule Elizabeth - ALWAYS refuse to give any information over the phone (and certainly do not confirm any personal information on a call)Suggest they write to you only and remove your number from their database with immediate effect.
If they fail to do this and ring again, simply put the ohone down, then write a short letter regarding your rights under the administration of justice act - harassment of a would be debtor.
Include also that your phone number should be removed from their records and that all contact will be in writing only, as is your right under the act.
Send the letter to them by signed for delivery, costs around £1.20
This way they cannot blag you that they have not received it.
Then sit back and wait for written proof to arrive, I suspect it never will.
Good luck.
All cold calling should be outlawed.the call preference service helps somewhat. reputable companies respect peoples right to privacy.
Couldn't agree more Cliff.Call preference service only blocks UK cold calls, does not include those from channel islands and abroad.
Always puzzles me why countries which do not have UK levels of data protection (for all the use that is)
The issue here, was EQL calling and not revealing what company they were, added to this, was the way in which they were stopped from calling using the law as equidebt, then called themselves EQL, as if this somehow entitles them to ignore legal requests to not contact by telephone and remove telephone numbers from accounts, which they have obviously not done.
Consumer credit licenses are there for a reason, to license a company if they are fit to hold one and trade.
Unless a company in the financial industry do something considerably wrong, removal of the license is not even considered.
The FSA and it's replacement appointment need to stop "working with" industry and finally get some teeth and start enforcing the law on the UK public's behalf, something that they are paid to do, by taxpayers.
How did this company get my telephone number, it is ex directory with BT | « British Gas don't care about their customers | Dad diary - Broken glass, kitchens, plumbing, housework and a walking sprog! » |
