Are you being harassed on the telephone by your bank or by debt collectors?

[finsnan]

Thanks for the information, I know it's them, I've got their number, and they do display it when they call me. They rang at ten past eleven the other night!!

Should I look to get this into Court? I don't know whether harassment is a civil or a criminal action even?

Thanks!!

[make them aktiv runners]

Unfortunately you do need proof of the calls hence the recording equipment for calls taken. If you seriously do not want to answer the phone and as you have caller display, evidence could be obtained by filming the caller display as it rings with either a camcorder or mobile camera phone (both will have date & time displayed), keep a manual log too.

I assume they use apredictive dialler which will keep trying until the phone is answered, does your phone company have an automatic answer message after so many rings? if not an answer-machine might cut down on the number of calls during each day.

[Steeley]

Originally Posted by finsnan

I am still having major problems with HSBC despite using the CAG template threatening Court Action and quoting the relevant Acts. I just don't answer the phone to them any more. They ring from an 0800 number so I have bought a caller ID phone, and just don't answer, but I am still getting calls from them at any time from 7.00 a.m. - 11.00 p.m. 7 days a week!

I am not with BT any more, as I got a cheaper deal from Bulldog. I rang them up to ask if I could bar the number from calling me, but they were a bit non-plussed and not too helpful. I wold reallly like some proof from them as to when this number has called, but I'm not sure Bulldog records are up to this. Has anyone else had a similar problem. I have started to log calls, can't record anything as I can't answer the phone to them any more, I am so fed up with this.

Thanks for reading - any advice will be very gratefully received!!

Answer your phone and ask them not to call again. Either way it's breach of debt collection guidelines and harrassment under the Telecommunications Act if they continue. Log the calls for future reference as you may be causing them a loss but you are not the loser they take you for.

Steeley .

[finsnan]

Hi - the last time I spoke to them, I asked them not to call again, but as the guy on the other end barely spoke English, and I have a broad Brummie accent, I'm not at all sure he understood what I said. This is why I gave up on talking on the phone, but I have written and copied all of the letters explicitly saying that I am not prepared to talk to them on the phone any more and that I will only answer written correspondence in future. I do have an answer machine that clicks in after a few minutes, not sure if I could actually get a photo of the phone first though as it's relatively quick and there isn't the option with Bulldog as there is with BT to amend the number of rings. It's been about 4 weeks now since I sent the big batches of copied correspondence to all of the addresses I have for HSBC but apart from a couple of days break they have continued to call. Should I be able to get phone records out of Bulldog, or is this something only the police can do?
Thanks for your help guys.

[Chris_w]

Thanks Renegotiation it all makes sense now. were do I get a recording device?

[ODC]

Maplins for about £20

[bed32]

Originally Posted by finsnan

Should I look to get this into Court? I don't know whether harassment is a civil or a criminal action even?

Thanks!!

Under the Protection from Harassment Act 1997, harassment can be either civil or criminal.

You should keep a log of all calls they make - and if possible probably get a recording of one or two (that does mean answering them). If they deny that they made the calls then it may be possible to prove that they did from phone cos records.

A log of phone calls would probably be enough to win a civil case - on the grounds that it is unlikely that they would be prepared to commit contempt of court by denying they made them.

However first stop should be Trading Standards

[finsnan]

Thanks, I will see what response I get from trading standards. Is the Financial Ombudsman another option does anyone know?

[rory32]

Is the Financial Ombudsman another option does anyone know?

Don't know but my first port of call would be the police rather than trading standards for harassment.

[bed32]

I think you will struggle to get the police involved with a case like this.

The main legislation that might apply is
(a) The Administration of Justice Act 1970 - which Trading Standards can enforce
(b) The Protection from Harassment Act 1997 - which allows for you to take civil action
(c) The Communications Act 2003 - that is usually "enforced" by OFCOM. It is worth raising a complaint with OFCOM but they will not intervene.

It is certainly worth raising this matter with the FOS as well - they may be able to look at it and it can do no harm to ask.

[ODC]

Originally Posted by rory32

Don't know but my first port of call would be the police rather than trading standards for harassment.

I think Rory the Polis would not become involved unless some of these numpties harrassed or threatened you at your doorstep or other public place. Then they would leave themselves wide open to a number of criminal offences, Breach of the Peace, Common Asssault and Disorderly Behaviour to name but three

[finsnan]

Just a quick update - I contacted Trading Standards this afternoon - they didn't want to know, suggested I try the Financial Ombudsman; then I rang Ofcom and spoke to a really helpful man there - he told me that it wasn't their thing, but he did take a note of my concerns, including name & address etc. and said that he would flag up HSBC's actions. He gave me a phone number for the Information & Commissioners Office and advised me to ask them about the "Right to Privacy" legislation, so I'll ring the FO and the Information Commissioners Office tomorrow and see what they have to say. Latest update on phone calls - none on home phone but 6 calls between 6.00 p.m. and 7.00 p.m. this evening on my mobile.

[bed32]

Did you talk to Trading Standards or "Consumer Direct"?

I contacted Consumer Direct (Consumer Direct) about a similar issue, but less severe, they told the local TS office to investigate, which they are doing.

I would encourage everyone in similar circumstances to raise the issue with all the regulators (OFCOM, OFT, FSA) - while they don't have the powers to intervene in any individual case they will take action against an individual firm, or at the industry level, if they perceive it as being a problem.

[finsnan]

Hi - when I rang the number given on the TS website, I was automatically redirected to the Consumer Direct number, I didn't get a chance to talk to Trading Standards - and Consumer Direct told me that it wasn't a matter for TS anyway... but OFCOM were very helpful even though they can't do anything on an individual basis. I will try and get through to the FO today, as their website doesn't really lend itself to my sort of complaint, they seem more geared to bank charges, and this instance isn't really a bank charges one I don't think... so I'll phone them and see what they say.

Thank you for the advice, I don't know why I got such a different response from Consumer Direct. Guess it depends who you speak to!

[bed32]

You should be able to find out the number for your local trading standards office - it is probably worth speaking to them because they do have the power of enforcement of the Administration of Justice Act 1970 - which is probably the most appropriate piece of legislation in this case.

Also a second call to Consumer Direct may bring better results if you say "I've followed the advice you gave last time and got no change"

FSO won't be able to help until you've been through the HSBC complaints procedure.

6 calls in one hour is ridiculous - if that is happening regularly go back to the police and ask to report it under the Protection from Harassment Act. While they are unlikely to take action if they are not actually threatening violence, you might at least get a crime reference number. A couple of points that may be useful (a) as I understand it the Act does not require "mens rea" - the issue is what a "reasonable man" would believe (b) It is clear from the home office guidance that the act does apply to debt collection activities. So don't let the police get out of reporting the crime on either of those grounds

[dolphin939]

Hi

I need a bit of advice, my partner got a mobile phone from t mobile 3 years ago he returned it within the 14 day period and last year recieved a letter from wescot saying that they had taken over the debt, somewhere down the line my partner had an outstanding debt with westcot-united utilites and discovered a few weeks ago that £20 per month had been coming out of my bank via standing order for the debt with t mobile he rang westcot and was told that no payments had been made, when he gave them the reference number the woman said that he had been paying off someone elses debt £200 worth. They said they would put the account on hold and recover the payments from the other persons debt. he rang today and was informed that the debt had been passed back to t mobile, i asked about payments that had been made £200 and they couldnt comment on this and told us to contact t mobile. We have written the same letter to wescot and t mobile and posted it yesterday, any help on this please.