Thanks - I'd missed it (perhaps admin could merge or delete this one)

Not sure if this is the correct forum - I'm sure someone will move if not! An HSBC customer has had their overdraft wiped out after a judge ruled that their bank manager had “wrongfully imprisoned” and “harassed” them. People expect to pay interest and receive penalty fees if they don't pay their overdraft in time, but for one bank branch that was just the start. In fact, the bank went so far in trying to get Josephine Lewis, from Wootton Bassett, to pay up that her debt has now been ruled out by a court. Judge Tacey Cronin ruled at Swindon County court that Lewis "had been wrongfully imprisoned and had been harassed" — which meant the bank had breached its contract and the overdraft debt of £2,070 should be cancelled. HSBC has apologised for the stress it caused Lewis. What happened? In October 2008 Lewis went to her branch of HSBC to complain about the charges on her overdraft. During the course of the interview, she became upset and asked to leave the room. However, branch manager Chris Hicks had locked the door from the inside and moved to block her way as she attempted to leave. "In my judgement the detention which Miss Lewis experienced at Mr Hicks' hands was distressing, and would have been distressing to anybody who wished to leave the interview, but knew the door was locked," Judge Cronin said. "That crossed the threshold to the level of unlawful imprisonment." But this wasn't the only problem she encountered with the bank. HSBC had made "several hundred" phone calls to Lewis over an 18-month period - even after promising to stop calling. "The content of many of the phone calls received by her was abusive and threatening," Judge Cronin said. "The bank had control of these phone calls and failed to stop them being made, even after indicating that it would do so, and this conduct amounts to what the man in the street would describe as harassment." The bank went so far that the judge said if Lewis had asked for it, she would have awarded her damages of £1,500 as well as cancelling her debt. However, not all the complaints Lewis made about the bank in her civil lawsuit were upheld. I cannot yet post links - but it is on www then uk.finance.yahoo.com/news/Bank-manager-unlawfully-yahoofinanceuk-15110543.html

If only.... It's a fear at the back of the minds of millions — after you spend vast sums buying then personalising a house to turn it into your home, misfortune, rising rates or a single bad decision could see the bank take it back. But for one couple, the injustice of such a move saw them turn the tables and gain a court order to repossess property of the bank that tried to foreclose on them. So how did this "sweet justice" — to use the words of the lawyer representing the couple — come about? Well, in the same way it happens to thousands of normal homeowners — the bank made a mistake and then didn't pay for it as the costs rose. How it happened Back in 2009 Warren Nyerges — a retired policeman — and his wife Maureen Collier bought a house for $165,000 (£100,000) on the Golden Gates Estates development in Florida. But paid entirely in cash and so never took out a mortgage. Sadly for them, the fact they had no debt on the property didn't stop the Bank of America initiating repossession proceedings against them in February 2010. Of course, never having a mortgage in the first place meant their lawyer — Todd Allen — won, and proceedings were dropped. But this wasn't a cost-free exercise for the Nyerges, resulting in more than $2,500 (£1,500) of legal fees. These, they repeatedly requested the bank compensate them for. The fallout The couple went to the courts to get their compensation. The courts agreed, and told the bank to pay them their due. After another five months without their money, despite phone calls and letters, they simply took the next logical step and got a foreclosure order against the bank. "They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated," Allen told CBS News. The lawyer and two policemen, along with a moving van, then reported to the bank to collect desks, chairs computers and anything else of value — even the cash from the tellers' draws — to compensate the wronged couple. And if you want to see the tables turned — you can view TV news reports of the event Local reports tell us that under this pressure from the law and the media, it only took about an hour for the bank manager to produce a cheque for $5,772.88 (£3,515.11) to cover the bills the couple had built up. "We apologise to Mr Nyerges that there was a delay in receiving the funds," the bank's written statement to the Naples News reads. "The original request went to an outside attorney who is no longer in business." I cannot post links - but it is on Yahoo news, www then uk.finance.yahoo.com/news/-Sweet-justice-wronged-yahoofinanceuk-246365240.html

A friend was in exactly this situation - she lost her job (was dismissed, but got a settlement via ACAS), the "insurance company" refused to pay so it didn't even cover what it was supposed to (they quoted small print)!

On BBC news page (I cannot post link) full details of high court ruling It says "Banks will now have to look back at past sales of Payment Protection Insurance (PPI), even if consumers have not complained." Wonder how many will actually do it? But "The British Bankers' Association (BBA), which said it was "disappointed" by the ruling, has 21 days to appeal. The BBA also said banks would continue to put some fresh cases on hold until it had decided whether to continue its challenge in the courts.

Another 5 calls yesterday, message from Alex Jones that I MUST ring them immediately. Alex Jones is now a man

Thanks - that is exactly the same as I have received

This forum is a godsend! I am in a debt management programme, ALL my creditors have agreed (and interest frozen). But have just started getting calls, which I have worked out are Robinson Way. Receive at least 10 calls a week, times range from 8am to 8pm. Today they actually left a message "This is a message for XXXX, you MUST call Alex Jones immediately on 0800 121903 to avoid legal action being taken". Actually tried, but the number does not exist

Despite having a debt management programme, still getting at least 2 calls a day from Mercers. Speaking to them earlier this week they confirmed they knew I was in a debt management programme and they (Barclaycard) were receiving payments but insisted I should also make payments direct to them - told them I simply cannot afford any more Today received a text "Unless you call now, we may begin legal proceedings to recover the outstanding balance on your Barclaycard. Call 0844 2412940. Mercers Debt Collections Ltd"

I didn't say it wasn't my debt - yes I do owe Barclaycard £1500, but is that a substantial amount? And I have only owed it since May, which is not several years Had another 3 calls yesterday and (so far) 2 since 8.00 this morning

So glad I found this site, due to redundancy had to enter a debt management programme. All the creditors except Barclaycard have been fine - but have now started getting calls from Mercers. Probably 3 or 4 calls every day, somehow they got an old work number & rang - told everyone that they were OFFICIAL DEBT COLLECTORS & wanted to contact me about a SUBSTANTIAL debt that I had owed for several years (complete lie). Fortunately an ex-collegue took the call & rang me, imagine if I still worked there & the call had gone to my boss? Is this legal? Also getting threats that they will be calling to confiscate goods from my house, will be getting payments deducted from my pay On one call they asked me to confirm my date of birth - I refused as I said it could lead to identity fraud, this act of "defiance" led to a tirade of threats - they would be siezing my back account (as I'm overdrawn not sure what), my car will be towed away etc I also dared ask for his name - complete refusal. On this call I was told they would take me to court and I would lose my house and could go to jail How can companies behave like this? (Apparantly Barclaycard agreed in writing to the offer of payment from my debt manager!)