Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
As I understand it, if the bank continues with an action which it knows, or ought to know construes harassment, then they might well be in breach of this Act.For it to be defined as such, all that is required as evidence is that if someone else in receipt of the same information as you, arrives at the same conclusion, then yes , it is harassment.
The interesting thing about this Act is that it is not what the agressor says or thinks that matters, its how we the victim feel about it. I would suggest a look at the law , and see if anybody else feels the same way. the same could be said of any action taken based on a breach of law. So I guess any letter charging a penalty, when the bank knows, or ought to know that this is unlawful could be construed as harassment.....in which case I would imagine that provided one has evidence, this could prove suitable for a prosecution. I would be interested to hear what other people on this site think.
The reply from the Crown Prosecution Service to my complaint.
Nothing ventured nothing gained. PC Thom is going get another phone call from regarding this and I will be pushing even harder to get the CPS involved.
CPS will supply legal advice to the Police but not to the public. I think I have covered all my bases quite well in my complaint and I think the clue is, I have to get the police to start being proactive. In fairness PC Thom (not his real name), wants the documention for review . I am reluctant to let it out of my possession so my new copier scanner is going to be owrking over time today
Dear Mrs Smith,
Thank you for contacting CPS Complaints regarding the action taken against you by MBNA Bank.
It may assist if, at the outset, I explain that the Crown Prosecution Service (CPS) and the police are separate authorities. The CPS is responsible for reviewing and, where appropriate, prosecuting most criminal cases in England and Wales following an investigation by the police. The CPS is also responsible for providing legal advice to the police about cases, although we cannot provide legal advice to members of the public.
The CPS is not an investigative body and has no power to investigate allegations of crime. Therefore, when a criminal offence has been committed, it should be reported to the police so that an appropriate course of action can be taken. I note from your email that Hertfordshire police are investigating a matter similar to yours. Once they have completed their investigation I am sure that they will approach the CPS in the usual way.
I hope that this information is of assistance to you.
Correspondence Unit
Crown Prosecution Service
4 December 2006
Harassment by A & L
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