Reporting Harassment

[Malcontent]

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

[Guest Mumofthreeboys]

I have just spent hours trawling the net for this information as I'm being hassled by Mercers (Barclaycard). I've sent them a letter quoting that they are in breach of the Wireless Telegraphy Act if they continue - which they have......

 

I want to write them another letter, but didn't know what to quote - I do now.

 

Thank you very much for posting this.

[bram stoker]

Thank you. This information will be most useful for a lot of people here.

[lickthewallfatboy]

citicards could end up getting one of these very soon-a shower if ever there was one

[elsinore]

Thanks for an excellent post, Malcontent. I have taken the liberty of posting a link on several threads, all of which concern bailiffs (a particular hobby-horse of mine)!!!

 

Elsinore

[chrismc]

Some very valuable information Malcontent, thanks! I just wish all this information and resources that is so useful was easier to find when you are desperate and need it. It just does not get through to the average man in the street who may be desperate for the information that is now available on this forum.

 

Chris

[pedro_uk]

Found this one on ( DEBT HELP UK FORUM - Login

) For stoping nuisance phone calls.

 

---------------------------------------------------------------------------

 

 

By Recorded Delivery

 

Dear Sir,

 

Ref. XXXXX

 

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I trust that I have made myself understood on this matter,

 

Yours faithfully,

[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

[stefanirules]

Do repetitive standard letters charging £35 for the privelige of their receipt constitute as harrassment and does this apply to mortgage companies? I missed one mortgage repayment due to unemployment. I have subsequently met the monthly repayments and added a couple of £'s on by way of repaying the missed payment. Despite having written in excess of 6 letters, posted recorded delivery asking for advice and options available to me whilst unemployed in respect of my mortgage payments and financial difficulties, the Halifax have not answered a single letter. As I said, they just send repeated standard letters and charge £35 to my mortgage account each time. Is this harrassment. Help!

[Malcontent]

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.

[MortgageMan]

Hi

My wife was getting 8 telephone calls a day from Aqua Card collections over 1 missed payment, I wrote to aqua and told them I was reporting them to the office of fair trading for harresment. I then rung The office of fair trading and was told an officer would ring us back. In the meantime I looked Aqua up on the net and noticed they used investment bankers for funding I rung these people and spoke to a director and asked him did he know what sort of client they were assisting and how his clients acted. I then told him that we would have to reconsider who we placed our investments with ( he did not ask who I was or any details) He quickly said look I will give you a direct number to one of the directors of SAV ltd who own Aqua. I rung them and was told some one would get back. With in one hour a director rung me and promised We would get no more calls and we have not had any. Then The office of fair tarding rung I made the complaint which they, said would be up held as hassament. They said they would get a local officer to call on Aqua as 8 call a day was over the top. I was told they would report back but it takes time. I will persue this to see the out come. Any company that ring us more than once a day will be reported

Trevor

[thecornflake]

There is also the Protection from Harassment act 1997 which could possibly be used instead or or as well as the laws stated previously. See

The CPS : Protection from Harassment Act 1997 for some info on it. It covers speech and therefore telephone calls as well.

 

Some key points-

 

Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and-

(a) is intended to amount to harassment of that person; or

(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person

 

To show a course of conduct, conduct must be proved on at least two occasions

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences.

 

Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

[MortgageMan]

Hi

Thanks Thecornflakes I will keep this as I might need it again, I have had the office of fair trading ring again today to go over various points, How I understand it these people need a consumer credit license if they are abuseing it i.e causing harressment the license could be revoked the directors fined It just needs people to stand up to them

Trevor

[Worzel]

Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and -

 

(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person

So if I've missed one payment on my credit card but have made an arrangement with them to pay at a set date, but then the company concerned still ring me chasing that payment wouldn't that be deemed as being "in circumstances where it would appear to a reasonable person that it would amount to harassment of that person". After all, if the company don't like the arrangment made why make it?

 

Just a thought as I keep getting calls from my card company even though I've only missed one payment and have made an arrangment to pay that in due course . . . . .

 

Worz

[Malcontent]

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

[MortgageMan]

Hi Malcontent

Thank you for that I just read your previous notes all interesting, I have had another call from the standard tradings office saying they are moving my complaint forward and are visiting SAV Ltd on tuesday they also said that they have also veiwed SAVs web site which does not comply so they intend to take that up with them as well, So alls going well no calls and now I am giving them harressment

Trevor

[Snorkerz]

Hi all,

 

Great Thread! At the start of the thread, there was a few mentions of the "Wireless Telegraphy Act" - I have looked at the act, which all seems to be about Radio Transmissions (Radio 2 etc). Could anyone point me to the bit that relates to harassment?

 

Thanks

[Jhawc24]

Great thread! Wish I'd found it sooner.

 

I've written to Cap 1 twice now requesting they stop the phone calls, I even had a reply from the initial letter promising I would be taken off the automatic dialer. However, they still ring me once or even twice a day, I now refuse to answer any of their security questions and reiterate that I wish to correspond only in writing. I still make a payment every month even though the balance oustanding is outweighed by the amount I am reclaiming.

 

I am now logging as many calls as poss, but I am usually out at work and my partner takes the call. Plus it's difficult for me to get time off to go to CAB any suggestions!

[Sophie-Jane]

Hi

 

This is what I have sent to Hutchinson 3G, They seem not to want to communicate by Letter, so I got fed up with their continued harrasment by phone

 

Re: Harassment by telephone

 

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I have Wrote and requested that these stop, but I am still receiving calls.

I am now formally requesting that all further correspondence be made in writing only.

 

I demand that these phone calls stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

Yours faithfully,

 

Just saying that, Only just put phone dfown to Hutchinson 3G, this time I got it, and asked for full name, and asked her to spell it out, Department, Date and Time

 

After that, she did not get a chance to tell me why she was calling, but All I said, is that you are being reported for Harrassment

 

See if I get a letter now or Not ??

[ppauls150]

Supurb thread. I am not joking but the Royal Bank of Scotland ( AA Credit Card ) ring me at least 3 if not 5 times a day to ask for me. If i am not in they just keep ringing which p!sses the girlfriend off no end. They say they only keep ringing till they actually talk to me which should then put a stop to the calls for the rest of the day but this aint true either. It happened again today before i found this thread so really couldnt throw any concrete law at them but kept telling them i am not answering their security questions and to contact me by post, which inturn means i still keep getting the phone calls. Well after 4 calls today i finally spoke to them where they asked for a minimum payment of just over £100 and can i make that payment by card today. Told them no i have just had a refund of over £500 put back on the card from charges which should constitute a payment but they aint buying that one. so i said send me the payment which you refunded back to the card without my authourisation and then i will pay it on which will count as a payment but they werent buying that either lol. told him did he know about the telephone act and i dont want to keep being harassed like this day in day out and he told me they are within their rights to ring up to 3 times a day to speak to me :o well letter will be sent off tomorrow and lets see what goes on from there

[thewifeandI]

I'm getting similar from a certain Northern financial institute. I had four or five calls today, and until the last one they were all silent calls where no-one was available to talk to me when I picked up and after 3-5 seconds I usually hang up. I finally had someone speak to me at 8.50pm. They tell me that they are entitled to call me as often as they like. They did stop calling at one point when I sent them a harrassment letter, but they've come back with a vengence recently. I'm thinking of asking NTL for a phone log of all calls from their number (CLI not withheld) to show the frequency. I get calls late on a Sunday afternoon, followed by another at 8.15 on Monday morning - as if things would have changed overnight!

 

I'd be interested to know if the silent calls can be included in the call count of a harrassment case.

[Sophie-Jane]

I wish I never sent it

 

I am thinking no one loves me anymore

 

You know, When you get a telephone call, it must be important - NOT.

 

I am only getting the calls that I supposed to, but I do get the VERY odd call from those who WILL be reported for Harrassment

[ltanner]

!!!CAPITAL ONE!!!

They call me at least 4 times per day.

They called today asking for me & told my husband they were from some 'house' in Nottingham. He wasn't sure who they were and passed the phone to me...... Damn you man!!! I had to speak to some lady who wouldn't tell me which company she was calling from, until I passed the security check, Fool! As if I'm gonna give her my personal details....duh! She eventually told me she was calling from 'Capital One' so I told her, "I am not prepared to continue with this conversation, stop bl***y calling me and put whatever you have to say in writing!".

When will it stop??? I have now sent a letter to them requsting telephone calls cease, So we'll see if they understand written requests, coz they don't understand verbal ones!

[Jhawc24]

I've written to cap 1 twice now, I even have a letter from them stating they have taken my number off the automatic dialer. LIARRRS!

 

I have drafted my third letter with the threat of recording the phone calls for evidence. Now every time they ring I ask them nicely who's calling? how do you spell that? from what dept? add it to my log, then I tell them I'm not answering their security questions and I am reporting them for harressment.

 

Makes no difference they still continue to call. Thank fully I am moving this weekend and guess who won't be getting my new phone number!

[Sophie-Jane]

moving this weekend and guess who won't be getting my new phone number!

 

Hey, Guess who may get it, If the new people who move in say you moved and hey here is your new phone number, as They will not want to be hassled at all hours by chasers

 

You have to be prepaired to do something, Like Reporting them the relevent autorities