How to claim for harassment

[Red smartie]

Hi

 

I have been receiving phonecalls from MBNA daily for the past couple of months. They have even called one of my friends - tracking her down as she made a payment into my account with her bank card.

MBNA have admitted in writing that they have done this and have offered to delete her details from my account.

They have offered to pay my friend £50 compensation (should she accept this) and have not offered to pay me anything. Does anyone know how much I would be entitled to claim for in a small claims court? I have a log of calls that they have made to me (and emails) as well as calls to my friend and my former employers. I am very annoyed by their behaviour.

 

Thanks

[noddyaccount]

Hi

 

I have been receiving phonecalls from MBNA daily for the past couple of months. They have even called one of my friends - tracking her down as she made a payment into my account with her bank card.

MBNA have admitted in writing that they have done this and have offered to delete her details from my account.

They have offered to pay my friend £50 compensation (should she accept this) and have not offered to pay me anything. Does anyone know how much I would be entitled to claim for in a small claims court? I have a log of calls that they have made to me (and emails) as well as calls to my friend and my former employers. I am very annoyed by their behaviour.

 

Thanks

 

I wonder if they have breached the Data protection act 1991 , by tracking down your friend , how did they track her and what did they ask her ?

If so it might be worth her going for them for about £400 for the breach , however I am no way a lawyer so you should seek clarification , but the fact they quickly offered her £50 , In writing? is a sign of guilt . If she accepts it she cannot pursue further , does she have it in writing ?

Is she or have they tied her to you on either of your credit files ?

[rebel11]

Hi Red

 

Claims for harrassment are hard to prove, it depends on what a judge considers to be reasonable. These companies use such low down dirty tactics, first to get you in debt, then as you have described.

 

Bank customer wins 'harassment' fight | This is Money

 

http://www.dailymail.co.uk/news/article-1140905/Sue-Judge-backs-woman-took-British-Gas.html

 

Red have you claimed back all penalty charges in your account with contractual interest.

Edited June 29, 2010 by rebel11

[Red smartie]

Hi Rebel

 

Haven't claimed for penalty charges yet - have just sent them the first letter asking for a statement - they still have 4 weeks to reply in.

[rebel11]

It might be an idea to look at OFT Guidelines on debt collection, you could

write a letter to them with with all the facts, tell them you will take them to court and see what they say.

[Red smartie]

I wonder if they have breached the Data protection act 1991 , by tracking down your friend , how did they track her and what did they ask her ?

If so it might be worth her going for them for about £400 for the breach , however I am no way a lawyer so you should seek clarification , but the fact they quickly offered her £50 , In writing? is a sign of guilt . If she accepts it she cannot pursue further , does she have it in writing ?

Is she or have they tied her to you on either of your credit files ?

 

 

Hi

 

They tracked her via her bank cards - they are administered by the same company. In their letter they admit having contacted her via her phone - but she changed tel numbers after that date so it is not possible so it had to be via the cards.

 

They asked her to get in touch with me and get me to contact them as I had missed a payment on my credit card. Another one pointed out that she had paid me £10 direct into my account and asked if she would be willing to pay more as there was money outstanding on the account. They also left several messages just saying that I should get in touch with them.

 

I am not sure what is on the credit files so I have asked for them to provide me with info.

[noddyaccount]

Hi

 

They tracked her via her bank cards - they are administered by the same company. In their letter they admit having contacted her via her phone - but she changed tel numbers after that date so it is not possible so it had to be via the cards.

 

They asked her to get in touch with me and get me to contact them as I had missed a payment on my credit card. Another one pointed out that she had paid me £10 direct into my account and asked if she would be willing to pay more as there was money outstanding on the account. They also left several messages just saying that I should get in touch with them.

 

I am not sure what is on the credit files so I have asked for them to provide me with info.

In my opinion , they have breached the DPA by discussing your personal details with a third party , they are also probably in breach of the debt collecting guidelines , on the site somewhere , for the same reason and also by revealing to and involving another party , by asking her to pay .