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Well, well, Halifax in court for harassment!


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Mother sues bank for harassment in landmark legal action

 

18.04.07

 

turnerIRVNG1804_228x357.jpg Alison Turner, 31, claims she suffered anxiety and stress after the Halifax Bank inundated her with correspondence

halifax1902_228x146.jpg

A mother is suing her bank for harassment in a landmark legal action - after being bombarded with letters and phone calls about her overdraft.

Alison Turner, 31, claims she suffered anxiety and stress after the Halifax Bank inundated her with correspondence - even after it had agreed to leaver her alone.

Solicitors acting for Alison had already successfully forced the bank to wipe £775 worth of charges from her account which it imposed for going overdrawn.

But the money wasn't wiped off until March 23 in which time Alison, a personal assistant, received dozens of phone calls from the collections department.

Alison, of Plymouth, Devon, says the "unprofessional and disrespectful" calls at "all times of day and night" left her so stressed she suffered emotional problems.

She has now launched a civil action under the Protection From Harassment Act 1997 seeking an injunction against the bank and "substantial damages".

Her solicitor Neil Mercer said the continued contact caused "significant alarm and distress".

He said: "What you have here is the case of a woman who had hundreds of pounds worth of charges put on her account for going a few pounds overdrawn.

"The bank subsequently agree to remove the charges, but in the interim period the customer services department and the collections team seemed to have no contact.

"She was constantly harangued for money she no longer owed. The calls were coming in at hight, in the morning, and at weekends. Her two young children would often take the calls and be asked to provide security details.

"It caused sleepless night and great concern. There is absolutely no question that the bank's conduct amounted to harassment.

"Proceedings have been issued and we are optimistic for our client's prospects." In January this year Alison's solicitors, Nash & Co of Plymouth, Devon, wrote to her bank asking officials to remove £775 worth of charges from her account.

The legal team argued the string of £30 charges had unlawfully penalised her for going overdrawn and the bank agreed to take them off.

On January 23 Halifax agreed to stop contacting Ms Turner but it took the bank until March 13 to clear the debt.

In the interim period the collections department contacted her 33 time by phone and letter, between January 27 and March 13.

Mr Mercer says the "significant number" of calls was in breach of what Halifax agreed and constitutes harassment under the law.

Alison said: "I was bullied by the bank and made to feel a failure for getting into debt.

"If customers are having problems, banks should listen to them and understand and try to get them back into the black - not make their position worse harassing them by telephone.

"I got telephone calls at 6.20pm on a Friday and early on Saturday morning. The constant calling reduced me to tears." A spokesman for Halifax Plc said the bank could not comment on specific cases or ahead of any court hearing.

But he added: "Where accounts are in arrears we make calls to customers and try to make arrangements.

"If there are other circumstances involved then we will always consider them." Alison's case will be heard before a circuit judge in the County Court in Exeter on May 21.

According to experts, banks are only allowed to charge the actual admin costs for recovering debts, and not add on any further charges to penalise customers.

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Excellent and...about time to!

AC

 

Goodness me, good for her! It is time for a backlash. Put it this way, had I not stepped in and dealt with MBNA on behalf of my husband, I would be a young widow with a small child now, his broad shoulders were not broad enough on this occasion. I say that without drama. These people are evil.

 

Regards,

 

Corn:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Good for her!!!

 

There has to come a time where these companies have to take responsibility for their actions and begin to treat their customers as the "individuals" that they are.

 

The only similarity with many of these cases/claims is that they involve "money" - the circumstances for each of is different. These companies need to recognise this and act upon this.

 

They cannot continue to "group" customers and treat us all the same and expect to get results. Banking and money lending companies have all been so irresponsible in recent years. With this the "value of the customer" has been lost. These companies chose to take the "personal element" out of their business with their money saving "automated systems" , they enforced that their staffing became almost "robot like" in that the simplest discussions/decisions could not be made by individuals handling queries etc.. SEEMS NOW THEY WILL PAY THE PRICE ??

 

These companies do need to accept that all of their customers are very individual - and should be treated as such respectfully.

  • Haha 1

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Good for her!!!

 

There has to come a time where these companies have to take responsibility for their actions and begin to treat their customers as the "individuals" that they are.

 

The only similarity with many of these cases/claims is that they involve "money" - the circumstances for each of is different. These companies need to recognise this and act upon this.

 

They cannot continue to "group" customers and treat us all the same and expect to get results. Banking and money lending companies have all been so irresponsible in recent years. With this the "value of the customer" has been lost. These companies chose to take the "personal element" out of their business with their money saving "automated systems" , they enforced that their staffing became almost "robot like" in that the simplest discussions/decisions could not be made by individuals handling queries etc.. SEEMS NOW THEY WILL PAY THE PRICE ??

 

These companies do need to accept that all of their customers are very individual - and should be treated as such respectfully.

 

Elizabeth, you have hit the nail on the head. The personal element has gone and I have to say that if MBNA think I have finished with them after what they have done to my husband, then I hope they are reading this thread. It needs more of us to show the same bravery as Alison. I applaud her.

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Have I said before how much I love this site!

 

Well I do!

 

 

 

 

Several have the same treatment coming if I have anything to do with it, doesnt worry me but the good lady is v upset and they are going to pay, oh yes

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Jeepers! I've had so many harrassing calls from Capital One I've lost count, I have just recently had to send them the template which CAG have supplied because the last call had me shaking, the woman on the other end was literally arguing with me demanding payment, I've also just filled a claim with the courts for charges from them (contracual rates too). They're an evil bunch, I hope she wins a substancial amount from the Halifax. Hubby's ISA was dipped into by them to clear some of our overdraft, don't worry we are working on that one too!

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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I am with everyone else and applaud this lady's courage, its about time we all fought back on the harassment plus it wouldn't be bad to give Gordon Brown a good kicking for destroying everyone's pensions but thats a whole other train of thought!

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The link for this thread showing Halifax going to court should be sent to as many people as possible !!!

It may have the same effect as the bank charges tidal wave.... it took a while to get going but when it did.... it was like a sunami in the banking world!!!!!

 

Alison, if you read this thread we are all fully behind you and applaude your strength and determination.

We will all no doubt be watching closely for the all important verdict and then god help these bullies in suits, WERE GONNA GET YOU !!!!!!.

 

A large round of applause for this site, its just the best !

 

Jetbags.

Consumer Action Group, the forum for all of us.:)

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  • 1 month later...

My feelings go out to her, she has the courage of a true Bodica though.

 

I watch this with great anticipation as I think the Courts should obviously acknowledge that the acts of banks/credit card companies/ etc., are beyond acceptable business practise and clearly harrassment.

 

Go get em girl.

 

Now where is my wode dye and sword?

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Hi

This is great

does anyone have any more details .

Was this a private civil action and if so how much is she sueing the B***ds for or is it a private criminal prosecution.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 1 year later...

hiya any updates on this

 

as they are driving me nuts now and ive had enough

 

thanks angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I am suing Bank of Scotland under the Protection from Harassment Act 1997 for harassing my (then) 75 year old parents. The hearing is on 23rd Feb in Truro. Another significant case is in court in Manchester next week (same solicitor - and same as Alison's). Here's a link about it.

Man suing bank dies - News - Manchester Evening News

I would like to pay tribute to the amazing courage and determination Mrs Edwards and her family continues to display in the face of their grief.

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I am suing Bank of Scotland under the Protection from Harassment Act 1997 for harassing my (then) 75 year old parents. The hearing is on 23rd Feb in Truro. Another significant case is in court in Manchester next week (same solicitor - and same as Alison's). Here's a link about it.

Man suing bank dies - News - Manchester Evening News

I would like to pay tribute to the amazing courage and determination Mrs Edwards and her family continues to display in the face of their grief.

 

 

hiya bern557 thanks for the update and of course i wish you the best of luck too

 

this reading has made me cry i can only retierate my own tribute to the family,

 

ive had a letter from my doc you see and i am sending this out and then i will buy cag callminder because i so want to also highlight this dreadful way of harrassment by banks that are now in theory being bailed out by my taxes and others in this country,,, this is harrowing to read but of course his family have to carry on, i applaud them

and wish them good luck

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Angel - I did a local radio interview today. You can play it back on BBC - BBC Cornwall Programmes - Laurence Reed, 10/02/2009 (about 1/2 way down the playback slider). Mrs Edwards (Mr Lloyd's wife, Neil Mercer - the solicitor and I have also recorded an interview for Radio4's "You and Yours" programme, scheduled for airing tomorrow (11/2/09) at 12-12.30 if you want to hear more.

 

It's time for the little people to fight back.

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