Is this harassment?

[meagain]

My bank has taken to calling me every other day to chase up money I "owe" them (apparently).

 

If I were to call them every day demanding my refund, would this constitute harassment by telephone?

[sarahwarren]

Yep...I think it would, but I wouldn't waste anymore of your time or phone bill on them!

 

 

I wrote a letter back in june stating that my accounts are in dispute,

I have money owed to me that is currently being fought through the court, and that due the current circumstances, all contact is to be put in writing and writing alone - I will not enter into any discussions with them over the phone.

 

 

Any further calls will then be classed as harrassment.

 

 

This SHOULD put an end to the constant calls, but I wouldn't guarantee that!

 

I also put that if they try to send any outstanding "debts" to debt recovery or similar, they would be in breach of banking code 13.6 as the accounts are in dispute.

 

 

Worked well for me - but I never thought of harrassing them back!!!

 

Good luck!

 

Sarah

[lookinforinfo]

Yes it would be harassment too.Far better to write to the bank telling them them to

stop phoning you-in future all contact is to be in writing. If they ignore your letter,

write to the OFT, advising them that your account is in dispute because of their

charges that you are reclaiming,[should resonate with the OFT as they are investigating banks and excessive charges at the moment] That they are hounding

you almost daily by phone in breach of the Consumer Credit Act section25 [2][d]

and quite frankly are not fit and proper persons to have a Consumer Credit Licence.

 

Dropping them in trouble with higher authorities is a better [if longer]way to get

back at them.

[meagain]

... and wait for the OFT to send a fob-off explaining some ridiculous reason why they're not going to consider suspending licences or any other form of enforcement action.

 

What I was most interested in was whether or not me phoning the bank repeatedly would constitute harassment of a debtor, and it seems that it would. Shame.

[Guest The Terminator]

... and wait for the OFT to send a fob-off explaining some ridiculous reason why they're not going to consider suspending licences or any other form of enforcement action.

 

What I was most interested in was whether or not me phoning the bank repeatedly would constitute harassment of a debtor, and it seems that it would. Shame.

 

Meagain: I had the same problem and I wrote to them stating that I would take legal action pursent to S1 of the Protection from Harrassment Act(1997) and pursent to S40 of the Administration of Justice Act(1970) and they then had the cheek to ring me up and asked what it meant.Quite plainly I told them keep it up and I'll have you in front of the judge.It must of worked because apart from one call I haven't heard from them in the last two months.

[meagain]

Yet another one who missed the point ...

[lookinforinfo]

Well, first of all Meagain, it is a moot point. until the law is clarified, whether the

bank do owe you any money. Yes they pay out, often at the eleventh hour, but that may not mean that their charges are not justified. Whatever, to continually ring them would mean you were harassing them, debtor or not, and so QED they

are harassing you.

 

Don't be too dismissive of the OFT. They have already brought the credit card

charges down to a lower level and they have now started on bank charges.

If others take the same view as you, perhaps the OFT will be unaware of the true

state of bank behaviour at times.

 

It would be flying in the face of reality to expect them to take away their licence,

but a continaul list of contraventions could spur the OFT into actions that

will give the banks cause for concern. It is an avenue that we do have and

perhaps should use it more often.

[breadline]

... and wait for the OFT to send a fob-off explaining some ridiculous reason why they're not going to consider suspending licenses or any other form of enforcement action.

 

What I was most interested in was whether or not me phoning the bank repeatedly would constitute harassment of a debtor, and it seems that it would. Shame.

 

Not sure on this one you could have a problem with holding information and need to call on a regular basis to keep an update on your affairs as this is the only way you can cope with the worry.

 

The bank understand all the laws and the only reason they need to call you is to collect.

 

You can not cause any pressure or stress upon them as you are demanding nothing ,where as they could be causing distress to you.

 

You can stop the calls by quoting the telegraph act which means they are unable to contact you again by phone.

I demand the phone calls stop immediately. I have enquired about the legalities of your actions, which can be classed at harassment, and I am familiar with the terms of Section 40 of the Administration of Justice Act, Protection from Harassment Act 1970, Article 8 of the Human Right Act 1990 and the Wireless Telegraphy Act 1949.

 

or

Do what i did get a new Sim card change your house number and tell them you haven't any numbers available to them.

 

This way you have not lied, you have numbers but they are all yours:D

 

BL:)