I spoke to the CAB as to what is construed as harassment i.e. number of calls received per week from an individual company. The reply was upon receipt of three calls per week would be regarded as harassment. In addition, once an arrangement has been agreed - All calls should cease unless that arrangement is broken on your part. Therefore if you have come to an arrangement with your bank (get it in writing) any further calls would be regarded as harassment. (keep a diary). See my original posting Hope this helps

Halifax really do love sending standard letters out at £35.00 a time. Suggest you claim the charges immediately. I'm not sure whether this constitutes harassment and suggest you talk to the CAB. Harassment is easily proven if the letters are threatening in some way and you are being chased several times a week by phone. As I said - take time out and talk to the CAB.

Sorry to read about your harassment, Suggest you read the thread I submitted last week. http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html. Please keep a diary of all events of harassment and go to the CAB and get the to write a cease and desist letter. This action will probably see a large reduction in calls. No one deserves to be phoned umteen times a day and what Cap 1 says is wrong and they (from your thread) appear to be acting illegally. Hope all goes well

I got more or less the same letter this morning, Im ignoring all the waffle about the charges incurred by Halifax. Its your money, that they have stolen so demand it back. Im sending an LBA to them on Monday so 14-16 days later I'll put the claim in. Dont let them stall you for time either - get them to dance to your tune. Good luck

Its your timescale not theirs so move to the next stage when the time limits runs out. Always control and make Halifax dance to you tune, dont allow them to take their time. Best of luck

Congrats on the Brilliant News Your point about how you get to the money without a card is an interesting point on a closed account - I suppose you have to go to the branch. Please let use know how you get on as I hope i'll also be in your situation soon:)

Actually, just worked out that Halifax are out by £473 not £500 Well just need to add the interest wont I, which is currently running at approx £120

Reply from Halifax Customer Relations this morning refering to terms and conditions blah,blah. Statting they believe its fair to pass costs on to those who dont need them the most. Telling me to use tele and online banking (none of which I have ever done ) or using mini statements at cash machines (they took the cash card last year and couldnt care less anyway:cool: ) in fact I really dont use the account anymore because the peed me off so much. (just has an overdraft facility which i cant use and at the same time incurs no interest providing that I put the minimum in each month which accounts for less that what Im claiming on illegal charges). Moving on - the letter states they have the right to close the account if its not used in a proper manner (actually thats a halifax own goal as they are the ones that have used my account in an improper way:-o ) Please Halifax close it - I dont need it now - I just want the money you took from me . Anyway, they are prepared to refund £130 which still leaves £500 if I accept a full and final settlement (which I wont anyway) - and they confirm that they are unable to comply with my request on their charges as they are not obliged under the Data Protection Act to supply the information. The LBA will be sent on Monday and I just cant wait to get to the court. (patience has never been my strong point). If Halifax want to defend the case - "bring it on" as I really dont mind being a "test case". Question, Can I now apply the interest with the LBA? Will keep you posted on events

I have just read through the thread and Im agast at how bailiffs work - Im not sure that what they have done is legal and would suggest you get the CAB involved. Write a diary of all the events you can recall and take that with you when you go to the CAB. Good Luck Malcontent

I will continue to look at the thread for sometime to offer any help I can; though I believe it is important to involve the CAB in these matters as they will strengthen your case against the organisation harassing you. The CAB although a voluntary organisation are considered by courts to represent the common man / women and are looked favourably upon by most magistrates as unbiased advisors:) . The banks and debt collectors tend to back off fast when they get involved. Please talk to them if your are being harassed as they will help you

I have seen so many threads since joining the forum about people being harassed, I thought I would start this thread allowing people to understand their rights on reporting harassment. I went to the CAB following significant harassment from Nat West and First National a few years ago – went to court with the backing of the CAB and won. Below is an extract from the CAB handbook and is full of good advice to anyone being harassed – therefore talk to them as they do a damn good job is this area. Thanks CAB:-) Some suggestions When ever a bank calls you or sends threatening letters to you regarding debt – Keep a full diary of events and this can be used in court at a later date. When someone from the bank telephones you – be polite. Ask for their full name, who they are representing and their full address so you can communicate in writing to them – Note that in the event of the person on the phone being reticent in giving their details – state to them that you are unable to discuss a confidential matter until you know who you are talking to and in what capacity they are calling – If you can get it ask the name of their manager or who they report too. Keep a record on these details – the nature of the call, the attitude of the individual calling and how many calls you receive from the organisation. Keep a full and clearly written diary as this would be used as evidence in court when and if making a claim of harassment. One thing that you should know is that courts effectively have the power to remove the debt owed if harassment can be proven but in normal cases this will only be applied in extreme cases. (Note the moment you get the CAB to right a cease and desist letter on your behalf, the calls usually reduce significantly. So What Are Your Rights? Reporting the Harassment (taken from the CAB handbook) 41: Harassment of debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970 and in Northern Ireland under the Judgement Enforcements (NI) Order 1981. This legislation states that:- ‘A person commits an offence if, with the object of coercing another person to pay money claimed from another as a debt due under a contract, he:- (a) harasses the other with demands for payment which, in respect of their frequency of; the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; (England & Wales only) (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; © falsely represents himself to be authorised in some official capacity to claim or enforce payment; (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not; or (e) (in Northern Ireland) falsely represents that the process of any court or the EJO has been issued or that any judgement has been obtained in respect of money claimed.’ 42: This offence applies to both the person(s) who undertakes the illegal debt collecting practices and to someone who arranges for or conspires with others to do this. 43: The first offence is triable in the magistrates court only. 44: If the client believes that a debt collecting agency is committing an offence, s/he should report the matter to the police who can prosecute 44a: In Scotland, the harassment of debtors is not a specific offence. However, threats of violence or using false pretences (for example, pretending to be a Sheriff Officer) or threatening criminal proceedings are criminal offences. 45: It is also open to any person to initiate a private prosecution against an individual or organisation who is committing an offence under the legislation. This is done by applying to the magistrates’ court for a summons. The client or an advisor should go to the local magistrates court with the relevant evidence (for example offending letters and signed copy of diary of events and ask for a summons. This will usually be issued without formality. There is no charge for issuing the summons – the court merely arranges a date for the hearing and delivers the summons to the debt collector. Advisors may wish to go along with the clients to provide support – however, they will not be allowed to speak, except as witnesses, at the hearing. 46: If the bureau has a client who is being harassed , it may be useful if the bureau writes on headed notepaper) to the creditor. The letter should be written in general terms, saying the bureau is advising the client that the bureau is familiar with the legislation and that bureau policy in all cases of suspected harassment is to refer it, where appropriate, to the police and/or to the Director General of Fair Trading (In Northern Ireland, Trading Standards). This general letter will let the creditor know that any possible harassment is now being monitored by an advice agency, and should, in most cases, put an end to harassment. The Bureau should also complete an Information Retrieval form and return in to NACAB. If there are many complaints about that particular creditor, NACAB may be able to make representations to the Office of Fair Trading, which could result in the creditors licence being revoked. 47: The Office of Fair Trading (OFT) has strongly condemned unfair and unscrupulous methods of debt collecting such as those described in this item. The OFT urge people to report firms using such tactics. Although they cannot take up individual cases in ‘unfair or improper practices, whether unlawful or not’. The client should report the matter to their local trading standards authority who will pass details to the OFT. 48: If the creditor is a member of the Finance Houses Association, the client could refer the creditor to their Code of Practice which states that debt collection methods must be of the ‘highest ethical standards’. Although the Code of Practice is not legally enforceable, it may be worthwhile to refer the problem to the association. The address is:- 18 Upper Grosvenor Street, London W1X 9PB

I have seen so many threads since joining the forum about people being harassed, I thought I would start this thread allowing people to understand their rights on reporting harassment. I went to the CAB following significant harassment from Nat West and First National a few years ago – went to court with the backing of the CAB and won. Below is an extract from the CAB handbook and is full of good advice to anyone being harassed – therefore talk to them as they do a damn good job is this area. Thanks CAB:-) Some suggestions When ever a bank calls you or sends threatening letters to you regarding debt – Keep a full diary of events and this can be used in court at a later date. When someone from the bank telephones you – be polite. Ask for their full name, who they are representing and their full address so you can communicate in writing to them – Note that in the event of the person on the phone being reticent in giving their details – state to them that you are unable to discuss a confidential matter until you know who you are talking to and in what capacity they are calling – If you can get it ask the name of their manager or who they report too. Keep a record on these details – the nature of the call, the attitude of the individual calling and how many calls you receive from the organisation. Keep a full and clearly written diary as this would be used as evidence in court when and if making a claim of harassment. One thing that you should know is that courts effectively have the power to remove the debt owed if harassment can be proven but in normal cases this will only be applied in extreme cases. (Note the moment you get the CAB to right a cease and desist letter on your behalf, the calls usually reduce significantly. So What Are Your Rights? Reporting the Harassment (taken from the CAB handbook) 41: Harassment of debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970 and in Northern Ireland under the Judgement Enforcements (NI) Order 1981. This legislation states that:- ‘A person commits an offence if, with the object of coercing another person to pay money claimed from another as a debt due under a contract, he:- (a) harasses the other with demands for payment which, in respect of their frequency of; the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; (England & Wales only) (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; © falsely represents himself to be authorised in some official capacity to claim or enforce payment; (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not; or (e) (in Northern Ireland) falsely represents that the process of any court or the EJO has been issued or that any judgement has been obtained in respect of money claimed.’ 42: This offence applies to both the person(s) who undertakes the illegal debt collecting practices and to someone who arranges for or conspires with others to do this. 43: The first offence is triable in the magistrates court only. 44: If the client believes that a debt collecting agency is committing an offence, s/he should report the matter to the police who can prosecute 44a: In Scotland, the harassment of debtors is not a specific offence. However, threats of violence or using false pretences (for example, pretending to be a Sheriff Officer) or threatening criminal proceedings are criminal offences. 45: It is also open to any person to initiate a private prosecution against an individual or organisation who is committing an offence under the legislation. This is done by applying to the magistrates’ court for a summons. The client or an advisor should go to the local magistrates court with the relevant evidence (for example offending letters and signed copy of diary of events and ask for a summons. This will usually be issued without formality. There is no charge for issuing the summons – the court merely arranges a date for the hearing and delivers the summons to the debt collector. Advisors may wish to go along with the clients to provide support – however, they will not be allowed to speak, except as witnesses, at the hearing. 46: If the bureau has a client who is being harassed , it may be useful if the bureau writes on headed notepaper) to the creditor. The letter should be written in general terms, saying the bureau is advising the client that the bureau is familiar with the legislation and that bureau policy in all cases of suspected harassment is to refer it, where appropriate, to the police and/or to the Director General of Fair Trading (In Northern Ireland, Trading Standards). This general letter will let the creditor know that any possible harassment is now being monitored by an advice agency, and should, in most cases, put an end to harassment. The Bureau should also complete an Information Retrieval form and return in to NACAB. If there are many complaints about that particular creditor, NACAB may be able to make representations to the Office of Fair Trading, which could result in the creditors licence being revoked. 47: The Office of Fair Trading (OFT) has strongly condemned unfair and unscrupulous methods of debt collecting such as those described in this item. The OFT urge people to report firms using such tactics. Although they cannot take up individual cases in ‘unfair or improper practices, whether unlawful or not’. The client should report the matter to their local trading standards authority who will pass details to the OFT. 48: If the creditor is a member of the Finance Houses Association, the client could refer the creditor to their Code of Practice which states that debt collection methods must be of the ‘highest ethical standards’. Although the Code of Practice is not legally enforceable, it may be worthwhile to refer the problem to the association. The address is:- 18 Upper Grosvenor Street, London W1X 9PB

Received what I take as a standard "fobbing off we wont be rushed" letter from Halifax following my prelim letter sent on the 27th June as follows: Thank you for your letter on the 30th June I am sorry to learn of your concerns regarding charges that have been applied to your account. We're kean to deal with your concerns as quickly as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks. You will find enclosed a copy of our leaflet which tells you how we will handle your complaint. Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiries, please quote XXXXXXXXX when writing or telephoning. Colin Smith Customer Relations Manager. Question: From what date should I send the LBA? is it from the date that it was posted or when it arrived (29th June) or the 30th When they responded:confused: . I believe its from when they received the letter. Also I have read several threads recently saying that charges less that £12 are considered by the banks as fair. Whats the situation if you have several £5 charges over several weeks (they all add up and have know idea why they were taken). Answers would be appreciated Thanx Malcontent

You can count me in on this too. Im currently pushing on Halifax but MBNA is now in my sight. Might as well fire the 1st shot. Just lost my job so they'll more than likely come after me later on and I'll fight them on every charge they plan to make.

Received letter this morning from from HBOS plc written by Tim Boothroyd - Data Protection Consultant - Business Risk - Retail. (Direct Line - 01422 332991) Thanking me for my Data Protection Act letter dated 9th June and confirming that copies of duplicate statements had been ordered and will be sent seperately at the latest by 17th July. Whats funny is that the statements arrived yesterday - obviously sent the day before. He goes on to say that "regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist with your request". Therefore my belief is if they dont have a record of manual intervention then how can they prove their own charges are valid in court. (comments please?) Anyway, went through the statements and found out earlier today that they owe me £593.00 on this account. (Thought it may have been a lot more than that and will have to check the other account now). So now I know how much i'm due I want it back. Will now send letter requesting HBOS to refund my charges.

Big Congratulations, Ive just started trying to get the money they owe me back. It gives me a great deal of hope.

Hi Michael, Thanks for the advice on splitting to individual claims if over 5K Cant wait to receive the statements and will go through them with a fine toothed combe.. Will let all know how I get on. This site is wonderfull and will be happy to donate 5% of what is recovered from Hfux and the others to come;)

Advised by others I should start my own thread so here it is. Been with Halifax donkeys years - went through some bad times and Hfux really hit me in charges - looked at some statements 2 years back with charges totaling £360 in just 3 months. So I've sent of my DPA requesting info for the last 6 years yesterday (shame I cant do it for the last 26 years. Question I have is what happens if my charges are over £5000 limit at Small Claims - Can I hit them twice ie first for 2000 - 2003 and second for 2004 - 2006? Any advice would be appreciated

This is my 1st attempt at this so excuse me for not knowing a lot Ive gone the the FAQ's and libraries extensively and sent off my DPA to Halifax. Will let you know how I get on. Really would like to thank everyone on the forum as I have learnt a hell of a lot in last 3 days. Looks like the Halifax Data Controller is going to be busy, next one I'm gonna hit is MBNA