Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder rockwell304 Novitiate

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    Default constant harassment

    I have just come across this site, searching for some solace as I'm at breaking point. Could someone kindly offer some advice? there seems to be very knowledgeable people here.
    Basically, I have 2 CC's, one Barclycard (originally Morgan Stanley/Goldfish) taken out in 2003/4. The other C1 from 2006. Total outstanding £10,200 on both, £5,000 each. I am 2 payments late on both and just about to miss a 3rd. through circumstances that have changed for the worse over the past few months. I have no income at present and no possibility for a few months at least. The telephone callsicon start around 8am and continue throughout the day until 9.46pm - this was the latest from BC. I have a wife and young daughter who are now very upset by this. They are ringing now xmas eve and I expect them to call tomorrow as well. We are distrought and see no respite from this.
    It may sound pathetic that we are in this situation but could someone please advise if there is anything I can do? I've tried reasoning but the call centre people are just plain rude. Just to add posted elsewhere as well.
    Many thanks


  2. #2
    mkb mkb is offline
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    Default Re: constant harassment

    Hi & welcome to CAGicon.

    The very 1st thing you should do is stop talking to them on the phone!! When they ring, refuse to do their security checks & hang up.
    If you're with BT, they have a choose to refuse facility where you enter the phone no & the next time that number rings, it rejects the call.

    You should also send for the agreement. This will cost £1 per agreement & should be sent unsigned & by recorded delivery. With the request, you can also enclose the telephone harassment letter. They have 12 days from receipt of your letter to produce the agreement.
    If/when you get them, post here for checking the enforceability.

    Relax, put your feet up, eat plenty of chocolate, drink plenty of whatever your favourite tipple is, enjoy the holidaysicon & thank the lord that you found CAGicon

    http://www.consumerforums.com/resour...request-letter

    http://www.consumeractiongroup.co.uk...telephone.html


  3. #3
    Basic Account Holder rockwell304 Novitiate

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    Default Re: constant harassment

    Thank you so much for your help! greatly appreciated. I will request the agreements asap and advise.
    All the best


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    mkb mkb is offline
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    Default Re: constant harassment

    Quote Originally Posted by rockwell304 View Post
    Thank you so much for your help! greatly appreciated. I will request the agreements asap and advise.
    All the best

    And STOP answering the phone to them!!!!


  5. #5
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    Default Re: constant harassment

    When I had firstplus calling me twice every day, I would click to receive the call but not answer which then blocks the line or I would say I will call him and put them on hold forever. Contact Tradingf Standards and inform them of the harassment. I got paid out £250 as compensation for harassment.


  6. #6
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    This is interesting

    I am being harassed and harangued by Barclaysicon Bank in similar fashion. My Christmas has been ruined by the stress, illness and anxiety caused to myself and family members as a result of the routine bombardment of unsolicited calls. Unsolicited? yes unsolicited because I am NOT a customer of Barclays Bank and never have been.

    The calls are not for me, the calls are for a person who is not known to me (lets call him PMc, to protect his identity). I have discussed this with the callers. I have also (foolishly) confirmed with them my true name and postal address. I have repeatedly insited they stop harassing me.

    During discussions with the callers I was given the name and postal address of the person (PMc) they are looking for. They know who he is and they know where he lives so why do they keep harassing me?

    I have complained to Barclays Bank via their complaints email address but the recipient has stated that she CAN NOT take up my complaint unless I spill the beans on who gave me details about PMc.

    I have asked for evidence that my complaint is being dealt with but I am being ignored (other than by telephone harassment).

    The nature of the calls are similar but there are a few scary ones when the callers are rude, or silent, or hang up when I answer. Most callers, when asked, refuse to give me their name. A caller who rang on 23rd December 2009 gave his name as 'William'. He sounded drunk/intoxicated. I'm not suggesting he was intoxicated, he just sounded like it, and it is office party season????

    Ironically I can't appeal to the financial Ombudsmanicon because I'm not actually a customer of Barclays Bank.

    I do believe their behaviour is criminal and it has, and continues to cause myself and my family no end of trauma.

    I actually lost my composure completely in recent emails to the Barclays Bank complaints person and became personal and abusive. This is not characteristic of my behaviour and was shaking for days after, and I felt sick worrying about it. I am just so frustrated and exasperated with their constant harassment and failure/refusal to get off my back.

    Any suggestions would be appreciated.


  7. #7
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    Default Re: constant harassment

    Patric, in your case I woudl definitely contact the police as soon as possible in addition to Trading Standards. They cannot refuse it as it is not a civil matter. If they try escalate it to someone senior. I would surmise that ths is definitely criminal.


  8. #8
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    Thanks for that Surfer01.

    I contacted the police. They told me it is a civil matter and advised that I change my phone number to escape the harassment.

    I contacted Trading Standards and was advised to send a registered letter to Barclaysicon Bank complaining about them

    In the meantime the harassment continues despite making further complaints about it to them.

    What does an innocent victim of corporate harassment have to do to?

    Here is the text of my latest email to the complaints contact to Barclays Bank:-

    FAO Karen Wilson.

    Barclays Bank is still harassing me with unsolicited phone callsicon.

    You, and the callers from Barclays Bank have been made aware on several occassions that you are harassing me and that the calls you are making are unwelcome and unsolicited.

    You have been instructed several times to stop harassing me.

    You have been provided with my correct identity details so that you are in no doubt that you're actions are misdirected, offensive and unwelcome.

    You have repeatedly failed to address my complaint. You have even made any investigation into my complaint conditional that I become involved in helping you to identify data protection lapses within Barclays Bank (lapses that are of no business to me or you).

    You, Barclays Bank, have confided in me details about a person unknown to me whom you are attempting to contact in relation to debt recovery.

    Three of you're harassers have contacted me more than once, although they have only identified themselves by first name and refused to give me a surname. Some of you're harassing callers have refused to give any name at all.

    I am posting details about you're willingness to give away personal details about people on public consumer forums. I am also running commentary on what you are doing to me and my family in terms of health damaging harassment. I will also surrender details, given to me by you're harassing callers about Patrick McShane to the police and anyone else (including Patrick McShane should he find the forum) who are being harassed by you lot. The commentary, and any response from yourself (if you are professional enough to respond) will also be uploaded to consumer forums for as long as it takes for you to stop harassing me. If you aren't up to executing you're responsibilities by responding then an explanation of that from me will be uploaded too.

    You, Karen Wilson, must accept responsibility for Barclays Bank's failure to stop harassing me as you are the ONLY interface between me (the harassed) and Barclays Bank (the harassers). It's you're job and responsibility to sort out this mess and I have given you more that adequate information and time to get it sorted.

    All postings to consumer forums include you're (Karen Wilson) name and business address and contact details thus:-

    'Karen Wilson
    Customer Relations Consultant
    Retail Banking Customer Relations
    Liverpool Contact Centre
    Wavertree Technology Park
    Liverpool L69 2TL
    0845 609 0806

    Please acknowledge receipt of this email for anticipated litigation purposes.'

    I have no fears about legal challenge from Barclays Bank or persons/consultants acting on their behalf because I am right and they are WRONG.


  9. #9
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    Default Re: constant harassment

    Actually it is not a civil matter as there is no debt invovled and no connection between you and Barclaysicon so in essence it is a crimminal matter.
    Next step is to contact your MP and advise that the under the Harassment Act 1998 the police are refusing to attend to your complaint. Follow that up with a letter to the Financial Ombudsman stating your problem and advise that you wish to introduce Barclays to criminal proceedings reference harassment. More than likely the fosicon will lean on Barclays and you will get offered a £100 compensation for harassment.
    If so tell the FOS that it is totally insufficient and your want more ue to the amount of stress you sufered and name a figure. There was a case where a lady was in the same situation and took BGAS to court and got awarded £10000 in compensation. Here it is

    Ferguson v British Gas Trading Ltd. [2009] EWCA Civ 46 (10 February 2009)

    I hope you find it useful as I did as I managed to get £250 out of Firstplus (Barclays) plus arrears removed for harassment. I know it is stresful but be persistent and you will win and get compensation from these morons.


  10. #10
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    Cheers again

    I will invite Barclaysicon Bank (via Karen Wilson) to comment on this thread.

    What really haunts me most, and causes me more anxiety and suffering than anything else is the silence. Karen Wilson, the person who won't take up my conplaint without the unrelated preconditions no longer responds to my requests. You would think that an organisation like Barclays Bank would at least make re-assuring gestures instead of scaring people who they are knowingly and deliberately harassing with no valid or legal reason to do so.


  11. #11
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    Here are the results of a few recent harassing phone callsicon to me from Barclaysicon Bank:-


    08441118333 Refused to identify himself
    Caller informed that we have complained to Barclays Bank about this harassment
    08441118334 Not identified
    Caller was instructed to stop harassing us.
    08441118338 Not identified
    Caller informed in no uncertain terms that his harassment is not welcome
    08441118338 Not identified
    Caller hung up when answered
    08441118541 Not identified
    Caller informed that Patrick McShane is not known to us. Caller given my proper name and post code.
    08441118647 Rahid
    Caller informed that we are being harassed. He said our “details have been removed from their system but as it is automated dialling it will take a few days then the calls will stop”. He gave his contact number to call back as 08453001592
    08441118336 Refused to identify himself
    Hung up on him out of frustration
    08448111333 Not identified
    ignored
    08448111340 Not identified
    Caller informed that Patrick McShane does not live here and he is harassing us. He wouldn’t accept my demand and gave the following number to call him back on 08453001592
    08448111608 Not identified
    Caller hung up when answered
    08448111647 Not identified
    ignored
    08448111649
    William
    Caller sounded drunk/intoxicated. He was reminded we are being harassed by these calls.
    08448111333 Not identified
    ignored
    08448111522 Not identified
    Not answered, number identified from BT 1471 service.
    08448111647 Paul
    Left 08453001592 to ring back on.


    Karen Wilson has fobbed me off onto somebody else who is demanding more pre-conditions before they can deal with my complaint about their harassment.


  12. #12
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    Look at this, they give me personal details about a supposed client and they want me to give them personal details about myself. I just can't believe how blatently auspicious these people are. Who will they pass that on to? I laughed my nuts off at the last three line of the email.

    My response to this is in the next reply.

    BTW I am getting somewhere with contacts in Barclaysicon foreign banks. Might as well spread what they are doing to me as far as I can until there is a resolution and I no longer get harassed by Barclays Bank.


    Dear Mr **********
    We have received a compliant via E-mail from you, in order for us to proceed further with this could you please provide us with your address details, you can either provide these, by telephone on 0845 609 0806 or by e-mail or by mail at the following address
    Retail Banking Customer Relations
    Leicester
    LE87 2YN
    Thank you for your assistance and please accept my apologies for any inconvenience caused.
    Lesley Ackers
    Retail Banking Customer Relations Manager
    Dale House
    Wavertree Boulavard
    Liverpool
    L7 9PQ
    Mail Van 8
    (External 0845 609 0806
    (Clearway 7-2508-6482
    Fax 7-2508-35630 0151 254 6505
    Email: Lesley.Ackers1@barclaysco rp.com
    Customer Relations - To Be Brilliant For Our Customers"
    B Now there's a thought
    COMPANY confidentialicon


  13. #13
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    FAO Karen Wilson

    Having fobbed me off onto lesley ackers you might at least have talked to her about the nature of my complaint. I made it clear to you that Barclaysicon Bank cannot be trusted with any further personal details about myself (the harassed), so it is pointless ordering me to give you my postal address as a precondition for stopping you're harassment of me. What else are you witholding from her?

    I will not be passed from pillar to post by you lot. Just who the bloody hell do you think you are that you can harass me by phone AND demand that I provide you with postal details so that you can harass me with junk mail too? Nothing about me is any of you're bloody business, you know this, it has been explained to you over and over again, and you're callers have been given my postal address anyhow so why are you making it dificult for me to get you to stop harassing me?

    I take from this change in precondition demand and email point of contact that we am now in a situation where you are also harassing me with esoterical emails.

    You must have some ulterior motive for harassing me because there is nothing easier than stopping it from happening, unless of course Barclays Bank have lost control over who harasses strangers on its behalf?

    Alias Patrick


  14. #14
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    My complaint text to the financial Ombudsmanicon today:-


    I'm not one for complaining too much and Barclaysicon Bank are either taking advantage or are simply negligent and willfull.

    They have been harassing me looking for a person who is not known to me and has never resided at my property. Everything that Barclays Bank needs to know has been told to them over and over again but they just will not stop their constant harassment of me and my family. I am not a customer, never have been, and never will be.

    One of the harassing callers confided in me that they want to talk to a Patrick McShane, 20 Gillfoot Road, Egremont in relation to debt. The caller quoted me a credit number (whatever a credit number is). They are now making it a condition (email to me from Barclays Bank) that I must spill the beans on the caller who gave me that information before they will address my complaint about their harassment of me. In a more recent email they have also made it a precondition that I give them my postal address before they address my complaint. I have already given my postal address to more than one of their harassing callers earlier in the harassment campaign against me when I thought explaining my identity would stop the harassment - it didn't. I now do not want my address or any other personal details about myself on file with Barclays Bank for fear that they will share this information with strangers too. Barclays Bank do NOT have my permission or agreement to store ANY information about me on file, including my landline number that they are harassing me on.

    I have recently resorted to posting thier behaviour on public consumer forums accross the world and posting them links to them.
    I am also attempting to identify and locate Mr McShane to inform him that Barclays Bank have given me personal details about him.

    I have contacted the police, Sgt Bell, Cumbria constabularly informs me that it is a civil rather than legal matter. Well I'm not so sure about that.
    I have contacted Trading Standards who sent me advice on debt problems. I don't have any debt problems because I don't have any debt, so don't need the advice.

    So it looks like the only person in the world who can help me is me, unless of course you can help.

    The harassment campaign againt me, in relation to Patric McShane has been going on since about October 2007. A company called Credit Solutions were the first harassers but they ALWAYS refused to give me a name of company they were calling on behalf of. This may not be related to Barclays Bank but....

    At a point in time when I believed the situation was hopeless and Barclays Bank had no intention of stopping thier harassment of me and my family I began retaining emails and logging phone callsicon and the discussions. It was unusual for any of the callers to provide me with their name, and when they did they would only give me a first name. A number of harassers refused to give a name even when strongly challenged to do so.

    The content (text) of this email will be posted on some consumer forums with links to Barclays Bank

    ****Name****
    01946 823852 (the number I'm being harassed on)


  15. #15
    Basic Account Holder Patric Novitiate

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    Default Re: constant harassment

    Still waiting for Barclaysicon Bank to comment on this thread, they have been invited to do so.

    So Barclays Bank don't feel comfortable responding on this forum. Well that just confirms to me that they are hopelessly incompetent with customer and stranger confidentialityicon. They are so disconcerned about how they treat strangers in the street that they are prepaired to torture me with bombardments of distressing phone callsicon for no business or legal reason yet they will not right the wrong or offer any hope of them doing so.

    Waiting, still waiting, tick tock, tick tock

    Come on Barclays, you have plenty to say to me in you're harassing phone callsicon, so tell us all what you are going to do about it.

    Link sent to Barclays and every other forum and regulatory organisation that should know how they behave towards innocent people on the street.

    Anybody suggest anywhere I can post about Barclays Bank? I don't want to miss any opportunity to up the pressure on my harassers.


  16. #16
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    Default Re: constant harassment

    Good letter, but you will need to add more details like times, dates and names. Obviously do not post that on a public forum. If your bullet point your letter it will also have a greater impact.
    You will also need to mention compensation for stress etc. Get as much detail in the first letter as possible without too much waffle.
    Now go get the son of a b.......!


  17. #17
    Basic Account Holder rockwell304 Novitiate

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    Default Re: constant harassment

    Just a brief update on this, Mercers are still calling despite the harassment letter sent. I would be interested to hear what other Caggers have done to rid themselves of these cretins if the initial letter (recorded delivery) was ignored!


  18. #18
    Basic Account Holder jet83 Novitiate

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    Default Re: constant harassment

    Hi rockwell,

    I myself and many others on this site have had mercers driving us crazy with their constant harassment my telephone. With my own personal experience last year, they hounded me for about six months and they basically don't listen to anything you tell them (by letter). I eventually got past caring and ignored all their threats as i knew they couldn't do anything anyway as barclaycard only supplied me with their t&c's in reply to my CCA Requesticon.

    Eventually they'll probably pass your acoount to calder financial which like mercers are barclaycards in house debt collectoricon but unlike mercers they didn't phone me once, they then sold my account to an outside dca who'm i've just managed to fight off and sent my account back to barclaycard.

    I personally found mercers to be the worst of any of my encounters with dca's but thats why they do it, hoping you'll give in to their harassment and pay up but without an enforceable agreement there is bugger they can do and they know that, keep your chin up and good luck.

    jet


  19. #19
    Basic Account Holder rockwell304 Novitiate

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    Default Re: constant harassment

    Quote Originally Posted by jet83 View Post
    Hi rockwell,

    I myself and many others on this site have had mercers driving us crazy with their constant harassment my telephone. With my own personal experience last year, they hounded me for about six months and they basically don't listen to anything you tell them (by letter). I eventually got past caring and ignored all their threats as i knew they couldn't do anything anyway as barclaycard only supplied me with their t&c's in reply to my CCA Requesticon.

    Eventually they'll probably pass your acoount to calder financial which like mercers are barclaycards in house debt collectoricon but unlike mercers they didn't phone me once, they then sold my account to an outside dca who'm i've just managed to fight off and sent my account back to barclaycard.

    I personally found mercers to be the worst of any of my encounters with dca's but thats why they do it, hoping you'll give in to their harassment and pay up but without an enforceable agreement there is bugger they can do and they know that, keep your chin up and good luck.

    jet
    Hello Jet,

    Thank you for your comments. Barclaycard sent me a seriously amateurish "cut & pasted" agreement in response to a S78 request. Unless they come up with something constructive Mercers, Calders etc can whistle for it!

    I also have a dodgy DN so my defence is slowly gathering momentum!

    All the best!


  20. #20
    Basic Account Holder rizel23 Novitiate

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    Default Re: constant harassment

    Been through it all with Barclaycard, just refuse to go through security and put phone down, do this enough times & they eventually give up (where talking months) never bothered me, but it still bothers you spend £60 and get a truecallicon device, and resell when its all over.

    They nore any other credit card provider DCAicon give 2 ****es about harrisement letters, they eventually listen when you send court documents and finally realise your not one of the push over customers there used to.



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