Are you being harassed on the telephone by your bank or by debt collectors?

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Should I look to get this into Court? I don't know whether harassment is a civil or a criminal action even?

 

Thanks!!

Under the Protection from Harassment Act 1997, harassment can be either civil or criminal.

 

You should keep a log of all calls they make - and if possible probably get a recording of one or two (that does mean answering them). If they deny that they made the calls then it may be possible to prove that they did from phone cos records.

 

A log of phone calls would probably be enough to win a civil case - on the grounds that it is unlikely that they would be prepared to commit contempt of court by denying they made them.

 

However first stop should be Trading Standards

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I think you will struggle to get the police involved with a case like this.

 

The main legislation that might apply is

(a) The Administration of Justice Act 1970 - which Trading Standards can enforce

(b) The Protection from Harassment Act 1997 - which allows for you to take civil action

© The Communications Act 2003 - that is usually "enforced" by OFCOM. It is worth raising a complaint with OFCOM but they will not intervene.

 

It is certainly worth raising this matter with the FOS as well - they may be able to look at it and it can do no harm to ask.

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Did you talk to Trading Standards or "Consumer Direct"?

 

I contacted Consumer Direct (Consumer Direct) about a similar issue, but less severe, they told the local TS office to investigate, which they are doing.

 

I would encourage everyone in similar circumstances to raise the issue with all the regulators (OFCOM, OFT, FSA) - while they don't have the powers to intervene in any individual case they will take action against an individual firm, or at the industry level, if they perceive it as being a problem.

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You should be able to find out the number for your local trading standards office - it is probably worth speaking to them because they do have the power of enforcement of the Administration of Justice Act 1970 - which is probably the most appropriate piece of legislation in this case.

 

Also a second call to Consumer Direct may bring better results if you say "I've followed the advice you gave last time and got no change"

 

FSO won't be able to help until you've been through the HSBC complaints procedure.

 

6 calls in one hour is ridiculous - if that is happening regularly go back to the police and ask to report it under the Protection from Harassment Act. While they are unlikely to take action if they are not actually threatening violence, you might at least get a crime reference number. A couple of points that may be useful (a) as I understand it the Act does not require "mens rea" - the issue is what a "reasonable man" would believe (b) It is clear from the home office guidance that the act does apply to debt collection activities. So don't let the police get out of reporting the crime on either of those grounds

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Were you paying by Standing Order or Direct Debit?

 

If by SO then the payments are totally your responsibility so you have no real cause of complaint against T-Mobile for continuing to receive them. If by DD then it is all T-Mobile's fault.

 

However in either case there should be no problem getting the money refunded. I imagine a polite letter to T-Mobile explaining the circumstances and asking for a refund will do the trick. If this is T-Mobile fault then you should consider requesting a goodwill payment in lieu of lost interest.

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The Financial Services Ombudsman (FOS) can look at any complaints about your bank, not just those since April.

 

You should certainly complain to them at this point - they will not be able to look at the matter until either (a) the company have sent you a "final letter" or (b) at least 8 weeks have elapsed since you made the initial complaint.

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There is nothing really to worry about - FOS will almost certainly sort this out and there is nothing HSBC can really do in the meantime. Even if they were to register adverse data on your credit file (which is unlikely at this stage) you will be able to go to ICO and get it removed.

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You can't always get these records removed, but where a large part of the alleged debt comes about because of unlawful charges, or fraud and so on, they should remove the information and if they don't you could force them either using ICO or the courts.

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IJ are talking nonsense about OfCom Legislation. There is no such thing. Harrasment is a subjective matter. If you feel harrased that is sufficient

It's not entirely subjective, it is the "reasonable man" test. So it is harassment if a reasonable man would regard it as harassment.

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Well, I'm sure someone with a better understanding will provide a more lucid analysis, but to me the judgement would seem obliterate any other part of the act than putting one in fear of violence. Please tell me I'm wrong?!

On a very quick reading, it seems that he could only prove two incidents - and if one of those was not deemed as unacceptable he is only left with one - and the act requires a "series" - i.e. two or more separate events.

 

It seems that the court took into consideration the reactions of the other people present as to whether one of the incidents was unacceptable.

 

However the standard "the conduct was of such gravity as to justify the sanction of the criminal law" seems to be the wrong standard to apply to one of a series of incidents that cause harassment. Surely the whole nature of harassment is that a series of actions can amount to more than the sum of the parts.

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....or if you deem it to be harrassment or it causes you anxiety or distress

In that case I can bring an action against you for harassment

 

You have responded to my posts questioning my opinions - I assert that that causes me considerable distress and so you are guilty of a criminal act.

 

Okay - that is a bit far-fetched but you get the idea...