Bank Harassment - Leave me alone!
We’ve all had experience of someone being rather too keen to get in touch with us. How many times do we check our mobile phone to see multiple missed calls from a number we don’t recognise? Or from someone we’re just not that eager to speak to?
Mobile phone networks can be particularly guilty of this kind of thing; I was once called by my network provider over 30 times over the course of a 4 day holiday. Luckily the phone had been left behind at home or my break might have been a little less enjoyable.
As we all know banks are rather keen on money, keeping hold of it any way they can. A case where they overstepped the mark surfaced yesterday: In Roberts v Bank of Scotland plc, the claimant was a customer with Bank of Scotland but had exceeded her overdraft on one account and her credit limit on another. So far nothing too unusual - the bank called their customer but she told the them she did not wish them to call her again. Reading between the lines you may be under the impression that the bank did not meekly agree to this request, and you would be right.
Hundreds of phone calls
Rather than complying with the claimants request, the bank proceeded to call the client repeatedly about the matter. Between December 2007 and May 2008 the bank made 547 telephone calls to the claimant regarding her accounts. Given how harassed the average person can feel after only a handful of unwanted telephone calls, it is unsurprising that the claimant felt overwhelmed by the bank’s unwanted attention which led her to claim redress against the bank by an action for harassment. When the matter went to court, the judge decided the telephone calls were not only excessive but amounted to bank misconduct and harassment. The claimant was awarded damages of £7,500. The bank appealed but yesterday the Court of Appeal dismissed the bank’s appeal.
So as you can see, those irritating nuisance calls may well not just be something you have to accept. Excessive unwanted calls can amount to harassment under the Protection from Harassment Act 1997. This should be a lesson to anyone chasing a debt; whilst you may be legally entitled to repayment, you are certainly not entitled to engage in conduct that amounts to harassment.
I’m left wondering after 547 calls, whether the bank spent more in calling their customer than the debt was worth!
When it comes to financial matters and the law, having protection in place for people claiming for financial negligence is very important to the average consumer. If you have any issues with your bank or financial services we are always here to help.
