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Last year my wife abandoned her RBS account, after finally realising what a complete shambles the organisation had become. She has never had an overdraft and after writing and cancelling all her DD's opened an account with another bank. True to form, RBS managed to make a pig's ear of the ridiculously simple DD cancellation procedure and failed to pay two that they no longer had any responsibility for in any case. Since she had no intention of using the bank again, just a few pence was left in the account, the final cash being removed via an ATM during October. The result of this was £76 in charges, as these DD's were due to be "paid" prior to RBS reducing their fees. Since then, RBS have increased the alleged debt to over £570 and embarked upon a course of action that can only be described as harassment.
Following a spate of telephone calls, RBS were sent the telephone harassment letter, upon receipt of which they telephoned to confirm that they would not be telephoning any more. Yes, you read that correctly. They telephoned to confirm that they would no longer be telephoning.
Aside from the odd letter, which I advised her to ignore, things were relatively quiet until the telephone calls began again, along with SMS messages and automated calls, where a robot voice urged her to pay money she does not owe to a company she has never heard of. If RBS truly believe that money is owed to them and want to recover the alleged debt, they could achieve this objective by issuing a claim for it through the courts, but I do not believe this is their agenda. Their intention is clearly to increase the sum they allege is owed as much as possible and at the same time, attempt to bully, harass and intimidate account holders into paying them.
Therefore, I have written the following, which will be sent next week and for those who are interested, I will post up any replies we may receive.
Following a spate of telephone calls, RBS were sent the telephone harassment letter, upon receipt of which they telephoned to confirm that they would not be telephoning any more. Yes, you read that correctly. They telephoned to confirm that they would no longer be telephoning.
Aside from the odd letter, which I advised her to ignore, things were relatively quiet until the telephone calls began again, along with SMS messages and automated calls, where a robot voice urged her to pay money she does not owe to a company she has never heard of. If RBS truly believe that money is owed to them and want to recover the alleged debt, they could achieve this objective by issuing a claim for it through the courts, but I do not believe this is their agenda. Their intention is clearly to increase the sum they allege is owed as much as possible and at the same time, attempt to bully, harass and intimidate account holders into paying them.
Therefore, I have written the following, which will be sent next week and for those who are interested, I will post up any replies we may receive.
Dear Sir
Ref: Unlawful Harassment - Account Number:
I attach a letter I wrote last year and can confirm that it was read, since I received a telephone call to confirm this, the irony of which appeared to be lost on the caller.
Since then I have been subjected to numerous calls and texts from various numbers and some of which I have detailed below. In addition, I have been receiving mail from companies and organisations that you have passed my details to and which may also be unlawful.
0918 03/03/10 01212240049
0940 04/03/10 08453015139
1121 05/03/10 08453015139
1508 15/03/10 01412283045 ref ****** - Automated call
1145 15/03/10 01412283000 ref ****** - Automated call
1652 18/03/10 01412283000 ref ****** - Automated call
Plainly my letter of ****** 2009 was not clear enough for you. As previously described continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003. In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997. The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.
Additionally I would like to draw your attention to the recent case Ferguson v British Gas Trading Ltd [2009] EWCA where the Court of Appeal has clearly extended the jurisdiction of the Protection from Harassment Act 1997 to include automated debt collection activities. The consequences of falling foul of the 1997 Act are potentially very serious. The 1997 Act creates not only a civil tort under Section 3 (which can lead to an injunction and/or damages for anxiety caused), but also a crime under section 2.
I do not acknowledge any debt to your company. Any sum you allege is outstanding is entirely of your own creation since I have never had an overdraft. There is therefore no reason why you should be telephoning me, or writing to me, or passing on my details to any other company or organisation to telephone or write to me.
As I have not received a response to the questions in my letter of ******* 2009 regarding how the alleged debt is made up, the only reasonable conclusion that can be drawn is that you know full well that the alleged debt is entirely artificial and have chosen to embark upon a deliberate course of action designed to extort payment from me, rather than recover any alleged debt via legal means. This action includes subjecting me to an unacceptable level of telephone harassment, debt collection letters and SMS text messages. Consequently I invite you to issue a claim against me through the Courts, if you believe the sum is owed and we can allow the Court to decide.
Take Notice therefore, if I should receive another telephone call from any person from your company at any point, or any other company or organisation that you have passed my details to then I will be contacting the police to report the criminal offence of harassment.
Any failure on your part to adhere to these instructions will automatically be interpreted as your non-compliance with your legal obligations and my rights according to the above Acts of Parliament and I reserve the right to seek redress for damages according to the full extent of the law.
For the avoidance of doubt, I expect you to comply unconditionally with my previous requests and those contained within this letter within seven days of the date of this letter. Should you fail to comply, I reserve the right to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for compensation, Court fees and legal costs against the Royal Bank of Scotland.
In addition, I reserve the right to issue a claim against you for an unspecified sum for the time I have spent dealing with this matter and for the distress and inconvenience caused to me.
In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within five working days.
If you are in any doubt as to what to do with this letter, then I would advise that you consult your corporate counsel.
Yours faithfully
Ref: Unlawful Harassment - Account Number:
I attach a letter I wrote last year and can confirm that it was read, since I received a telephone call to confirm this, the irony of which appeared to be lost on the caller.
Since then I have been subjected to numerous calls and texts from various numbers and some of which I have detailed below. In addition, I have been receiving mail from companies and organisations that you have passed my details to and which may also be unlawful.
0918 03/03/10 01212240049
0940 04/03/10 08453015139
1121 05/03/10 08453015139
1508 15/03/10 01412283045 ref ****** - Automated call
1145 15/03/10 01412283000 ref ****** - Automated call
1652 18/03/10 01412283000 ref ****** - Automated call
Plainly my letter of ****** 2009 was not clear enough for you. As previously described continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003. In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997. The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.
Additionally I would like to draw your attention to the recent case Ferguson v British Gas Trading Ltd [2009] EWCA where the Court of Appeal has clearly extended the jurisdiction of the Protection from Harassment Act 1997 to include automated debt collection activities. The consequences of falling foul of the 1997 Act are potentially very serious. The 1997 Act creates not only a civil tort under Section 3 (which can lead to an injunction and/or damages for anxiety caused), but also a crime under section 2.
I do not acknowledge any debt to your company. Any sum you allege is outstanding is entirely of your own creation since I have never had an overdraft. There is therefore no reason why you should be telephoning me, or writing to me, or passing on my details to any other company or organisation to telephone or write to me.
As I have not received a response to the questions in my letter of ******* 2009 regarding how the alleged debt is made up, the only reasonable conclusion that can be drawn is that you know full well that the alleged debt is entirely artificial and have chosen to embark upon a deliberate course of action designed to extort payment from me, rather than recover any alleged debt via legal means. This action includes subjecting me to an unacceptable level of telephone harassment, debt collection letters and SMS text messages. Consequently I invite you to issue a claim against me through the Courts, if you believe the sum is owed and we can allow the Court to decide.
Take Notice therefore, if I should receive another telephone call from any person from your company at any point, or any other company or organisation that you have passed my details to then I will be contacting the police to report the criminal offence of harassment.
Any failure on your part to adhere to these instructions will automatically be interpreted as your non-compliance with your legal obligations and my rights according to the above Acts of Parliament and I reserve the right to seek redress for damages according to the full extent of the law.
For the avoidance of doubt, I expect you to comply unconditionally with my previous requests and those contained within this letter within seven days of the date of this letter. Should you fail to comply, I reserve the right to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for compensation, Court fees and legal costs against the Royal Bank of Scotland.
In addition, I reserve the right to issue a claim against you for an unspecified sum for the time I have spent dealing with this matter and for the distress and inconvenience caused to me.
In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within five working days.
If you are in any doubt as to what to do with this letter, then I would advise that you consult your corporate counsel.
Yours faithfully
and we all know the OFT rules on that...
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