Received phone call after withdrawing permission

[draknarz]

hello,

A national large firm of Solicitors who deal mainly with mortgage repossessions and debt collection contacted me by phone because I was a few days late in paying the mortgage.

They had previously been informed that due to stress and depression I no longer wish to receive their phone calls. They quite happily accepted this and did not phone me until last week.

I have already been speaking with the compliance department in relation to my other complaints, but now I am wondering if there is any case law / precedent in which I can make a claim against this company for their unwanted phone call?

[mystery1]

Re: Received phone call after withdrawing permission

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

http://www.bailii.org/ew/cases/EWCA/Civ/2013/982.html

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html


One phone call is not enough on it's own.

Keep records of all calls and tell them each time not to call.

M1

[draknarz]

Re: Received phone call after withdrawing permission

Thanks for the links!

I had already informed them in 2010 that their actions of banging on house windows, doors, taping notices to outside of house etc was harassment. I also informed them that their telephone calls were harassment. (In 2010, after their actions, my complaint going back to 2005 was partly answered).

FF a few years to present date, 2013....

They are still dealing with a complaint from several years ago, but this time I am speaking with someone from their 'compliance' department, which is also known as complaints. Upon speaking with this department, I have made it clear to them that I do not want phone calls.... Few other staff have also told me that they can see on my account that they do not have permission to phone me - however, at certain times I have given them permission to phone me but at the same time I clearly stated that the permission was for the one phone call only, so I can assist them in finding information in relation to my complaints.

Upon speaking with 'compliance' since August 2013, I have reiterated to them many times that whilst I do not want to receive their calls, should they need to speak with me in relation to my complaint, then they can contact me via post or email and I will phone them - as and when I am able to.
I also stated to their complaince department the reasons for me not wanting phone calls in respect of my mental health (mainly stress and depression).
In addition to this, I have been quite clear in giving permission for phone calls, clearly stating that such permission is one time only and again reiterating my mental health as a reason for them not to harass me.


So, I have made it quite clear to them that I do not want to receive their calls. They have also admitted several times that there is a note on my account for them not to call me.

I know that this is only one phone call. It may not sound a big deal to most people out there, but for myself it is a big deal. That one phone call put me in a bad mood which incurred financial loss for time off work plus travel costs for me to go back home to my parents.

I shall try and explain a little more - I have a serious complaint against the bank, the complaint has somewhat been ignored despite my great efforts of obtaining answers. One house was repossessed despite there being no arrears, and my current house I have had to attent Court hearings for trespass, repossession etc. (I successfully stopped repo hearing, using Sec36? Administration of Justice Act as well as the Norgan criteria).

I have a feeling that the Bank and its Solicitors (who phoned me in mistake) will just again pass off my complaints and concerns. So, because of this, I am wondering if I can take action against them for this one phone call?
I guess that even if I can take action against them that I will not be compensated for my loss of work or travel (because of anxiety, stress, depression was added) as I guess that I would have to prove that it ways a direct financial loss caused by them?

They were repeatedly informed not to call me and it was noted. I took great care in dealing with their phone calls. This is a national firm of Solicitors who have IMHO broken protection from harassment law.

SOrry for long winded post, just trying to explain why I did not want the call and also showing my reasons. Any advice appreciated!

[mystery1]

Re: Received phone call after withdrawing permission

The answers are in those cases. The judges define harassment according to law. If it fits your scenario then you could start the ball rolling with a view to court action.

I make no comment on your case as i really don't know much of this area of law however as in all law, can you prove it ?

M1

[FlamingParrot]

Re: Received phone call after withdrawing permission

I know that this is only one phone call. It may not sound a big deal to most people out there, but for myself it is a big deal. That one phone call put me in a bad mood which incurred financial loss for time off work plus travel costs for me to go back home to my parents.

I shall try and explain a little more - I have a serious complaint against the bank, the complaint has somewhat been ignored despite my great efforts of obtaining answers. One house was repossessed despite there being no arrears, and my current house I have had to attent Court hearings for trespass, repossession etc. (I successfully stopped repo hearing, using Sec36? Administration of Justice Act as well as the Norgan criteria).

I have a feeling that the Bank and its Solicitors (who phoned me in mistake) will just again pass off my complaints and concerns. So, because of this, I am wondering if I can take action against them for this one phone call?
I guess that even if I can take action against them that I will not be compensated for my loss of work or travel (because of anxiety, stress, depression was added) as I guess that I would have to prove that it ways a direct financial loss caused by them?

They were repeatedly informed not to call me and it was noted. I took great care in dealing with their phone calls. This is a national firm of Solicitors who have IMHO broken protection from harassment law.

SOrry for long winded post, just trying to explain why I did not want the call and also showing my reasons. Any advice appreciated!

You may want to look at this thread: http://www.legalbeagles.info/forums/...rom+harassment

The template letter may be useful to you (amend it to suit), :typing: however, I suspect there will have to be further calls for you to have a case for harrassment. :sad:

[draknarz]

Re: Received phone call after withdrawing permission

can i prove what? harassment?

the proof would be in the records as well as numerous phone calls where they have told me they are aware that they are not allowed to phone me.
i have also spoken with their 'compliance department' a few times - and they are aware they are not allowed to phone me.
on some occasions i have given them permission to phone me but this permission was clearly stated for the one time only and to assist them in dealing with my complaint.
on one occasion when speaking with complaince, i had to end the call explaining I could no longer deal with the call due to my mental health. This call was a number of weeks ago.
Since all of the above, they make a mistake and call me approximately two weeks ago.

I have requested a SAR from them.

I can not prove that their call had a direct influence on my mental health, however I can prove that I have reiterated to them many times the state of my mental health (copies of which in phone recordings) and the fact I do not want to receive phone calls from them.

[draknarz]

Re: Received phone call after withdrawing permission

You may want to look at this thread: http://www.legalbeagles.info/forums/...rom+harassment

The template letter may be useful to you (amend it to suit), :typing: however, I suspect there will have to be further calls for you to have a case for harrassment. :sad:

thanks for your help!

with that link, the case law is different because the claimant received over 500 phone calls, - i received only 1 phone call.
the other difference is that the I had informed them about my mental health and made it clear that mental health should not be affected by their unwanted phone calls.

I doubt there is any case law concerning my complaint because a stressed and depressed person would probably not bother to pursue it.

[mystery1]

Re: Received phone call after withdrawing permission

Prove each of the incidents you say. The court is unlikely just to accept a version you put forward unless you have transcripts, recordings, notes , copies of letters, itemised hone bills etc to back it up.

M1

[FlamingParrot]

Re: Received phone call after withdrawing permission

If you don't think that letter applies to you, there's another one pre-dating that case, which you could amend to suit:

Dear Sirs

Ref: XYZ

I have on numerous occasions, informed your company that I am unwilling to communicate by phone and also notified you that all phone numbers listed are to be removed from my personal details. I have also asked that all correspondence should be in writing only for which, under OFT Guidance on Debt Collection, you are to obey any such reasonable request. [AMEND TO SUIT WHAT YOU'VE SENT] I have sent you an official warning by way of a 'Harassment by Telephone' letter which is dated: XX.XX.XXXX, a copy of this letter is attached for your perusal which also confirms and proves that I have given you ample opportunity to cease this unwarranted and illegal harassment.

I hereby formally place you under notice, s.10 DPA(1998), thus you must immediately and without delay update your records to reflect my request to remove all telephone numbers listed notwithstanding the major fact that I do consider your actions to be a significant breach of the law. I feel it pertinent to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

I reserve the right to seek an injunction against your organisation should the phone calls continue at the same frequency and I similarly reserve the right to bring a formal complaint against you to OFCOM along with any other relevant regulatory Bodies.

Yours faithfully,

[draknarz]

Re: Received phone call after withdrawing permission

Prove each of the incidents you say. The court is unlikely just to accept a version you put forward unless you have transcripts, recordings, notes , copies of letters, itemised hone bills etc to back it up.

M1

hi, yes, of course i can prove each of the incidents i say. i can also prove that at one time i had to end a call early due to stress as well as discussing this with one of their compliance managers (again recorded)

this is the first time they have contacted me by phone in about 2 years. this is really ironic because at the time of them phoning me, I am already in email dialogue with their compliance manager in relation to other complaints.

this solicitors, including its compliance manager were all aware of my mental health and the fact that I did not wish to receive phone calls from them. This was reiterated to them carefully on many occasions, even when speaking with a compliance manager.

I have made a complaint against this Solicitors approx 2 months ago in relation to other things (including that they repossessed my house despite there being no arrears)

Their one phone call made to me has caused distress as it was reminiscent of the time I was constantly receiving phone calls from the Solicitor as well as LPA receivers / agents intimidation tactics etc...


Basically, I am far from impressed with this firm of Solicitors. It has taken them years to deal with my complaint. When speaking with their compliance, I had to get details from a Judge (court numbers) for the Solicitor to even find my records in relation to a complaint. Finally after several years the complaint seems to have been acknowledged....

In the meantime, they have caused me distress by a phone call which they should not have made... and i can prove everything ive said apart from the distress / mental health etc.

[FlamingParrot]

Re: Received phone call after withdrawing permission

I have made a complaint against this Solicitors approx 2 months ago in relation to other things (including that they repossessed my house despite there being no arrears)

Their one phone call made to me has caused distress as it was reminiscent of the time I was constantly receiving phone calls from the Solicitor as well as LPA receivers / agents intimidation tactics etc...

How can they repossess without arrears? It would have been the lender who repossessed, not the firm of solicitors acting for them, who was the mortgage with? Would you care to tell us more about this? :noidea:

You may want to start a new thread about this issue here: http://www.legalbeagles.info/forums/...surance-Issues

[wales01man]

Re: Received phone call after withdrawing permission

I also ask how can they repossess without the account being in arrears is there more to this than is being put on here?
It would be difficult for anyone to give advice when there is so little info,the final decision to repossess lies with a judge not a lender or a solicitor

[draknarz]

Re: Received phone call after withdrawing permission

I also ask how can they repossess without the account being in arrears is there more to this than is being put on here?
It would be difficult for anyone to give advice when there is so little info,the final decision to repossess lies with a judge not a lender or a solicitor

I had two mortgage accounts. An error was made with my bank account which caused the direct debits to mortgages to be unpaid.
I was living away from both houses. When I discovered the error and arrears, I contacted the bank. The bank told me I could pay the entire amount of arrears to stop both repossessions. I asked the mortgage bank if I could transfer payment to them and they would split it over two accounts, to whih they agreed they would do.

They did not stick to their agreement. They refused totally to transfer half of my payment to the other mortgage.... So, as far as I was concerned at the time, in paying the total amount of arrears there were no arrears.

I tried to go to Court to stop this (before I learnt about Courts) and I failed. The reason I failed is that having waited 2 hours for the banks solicitor to arrive in court, i had to go back to my car to get a new parking ticket. I left my documents in the car. The court would allow 2 hours for banks solicitor to be late, yet it would not allow me a few minutes to get vital documents from car - such as receipt of payment.

I hope the above explains how it was repossessed without any arrears...

There is another problem with the same bank, that is, my solicitor sent me a letter saying there is a problem in the mortgage and that I would have difficulty in disposing of the property in the future.

There is also another problem with bankruptcy, (council tax), I paid £2,500 to stop being made bankrupt over 2 years ago, and now i am still bankrupt?!


Im not sure why you say I have given so little info, i am not sure what info you need? Am certainly not hiding any info as I need all the help i can get!

[PlanB]

Re: Received phone call after withdrawing permission

I had two mortgage accounts. . . . I was living away from both houses.

I tried to go to Court to stop this (before I learnt about Courts) and I failed. The reason I failed is that having waited 2 hours for the banks solicitor to arrive in court, i had to go back to my car to get a new parking ticket. I left my documents in the car. The court would allow 2 hours for banks solicitor to be late, yet it would not allow me a few minutes to get vital documents from car - such as receipt of payment.

I hope the above explains how it was repossessed without any arrears...

There is another problem with the same bank, that is, my solicitor sent me a letter saying there is a problem in the mortgage and that I would have difficulty in disposing of the property in the future.

There is also another problem with bankruptcy, (council tax), I paid £2,500 to stop being made bankrupt over 2 years ago, and now i am still bankrupt?!

If you were living away from both houses this suggests the properties may have been rented out (were they?) which would be a breach of your mortgage terms if it was a residential mortgage not a specific BTL product, in which case the bank may well have been entitled to repossess the property (one or both) on those grounds despite you having no arrears. It's quite common for lenders to do this.

One way to avoid it is to move back into the house but GMAC successfully evicted an owner for "trespass" when that happened so lenders are wising up to this legal option.

If you were unable to attend the possession hearing (do you mean the hearing took place while you left the court to go to your car?) then you may be able to apply for a set-aside of that possession order but you would need to prove to the court that if you had attended you would have had a the chance of successfully defending the possession claim.

Being bankrupt is often a breach of the terms of a mortgage contract and a reason lenders use for repossession. I assume that these properties would have been included in your BR as assets although you say one still has a mortgage on it so this one is probably not with your OR. What is the problem with that mortgage which prevents it from being disposed of?

Maybe a separate thread on each of these properties/mortgages in the housing section would be best.

[wales01man]

Re: Received phone call after withdrawing permission

Draknarz
Im not doubting you but as one who went through repossession I know what steps they had to take and how many letters I got seems something funny or sytrange in what happened to you