when is telephone harrassment deemed excessive?

[sunshine111]

Hi

at what point does unfair relationship where telephone harrassment is concerned kick in?

between July 12 and December 12, i have the DCA own evidence to show that a minimum of 85 calls where made to my phone. At the moment i do not have the list for the calls made to my phone between April 12 and July 12, and am waiting for this information. additionally i am clear that not all the calls made to my phone are listed on their records.

thanks

[FlamingParrot]

Re: when is telephone harrassment deemed excessive?

You may want to look at this case: http://www.watsonssolicitors.co.uk/harrison.html

MBNA & Link undertook a campaign of telephone harassment which as His Honor Judge Chambers QC found {at Para 53}

In my view, the Claimant rightly complains that, mainly by MBNA but also by the Defendant, he was hounded by telephone calls seeking payment of what was said to be due. The calls were a form of torture oppressively frequent in amount and often without attribution to an identifiable number. I am unimpressed by suggestions that all that the Claimant had to do was to seek a meeting when the position was that those who called him would not listen to what he had to say of his difficulties.

[sunshine111]

Re: when is telephone harrassment deemed excessive?

Flaming Parrot, thank you for your response i appreciate it.

i have read through the link provided, but i am still unclear:embarassed: as to whether or not the amount of calls made to me (even based on the DCA's own records) is unreasonable or not?

i assume then that there is not a set number, even if they are phoning you on christmas eve about a debt. i assume then that it is your state of mind at the time you are receiving the calls, you circumstances, health etc and any adverse affects the persistent calls have on you, and that this is the unfair relationship bit?

if i appear slow i apologise, im just trying to get my head around it all.

[FlamingParrot]

Re: when is telephone harrassment deemed excessive?

There isn't a set number, but I would say 85 IS excessive! Having said that, a lot depends on whether you've actually answered any of the calls, etc. As PT once said, you can't argue harassment if you are watching the footie whilst your phones are on silent.

Have you ever told them (in writing) to stop calling you and that you will only communicate in writing? If not, and if they are still hassling you, you may consider sending something like this:

Dear Sirs

Account: xyz

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 as well as Section 40 of the Administration of Justice Act 1970.

I ought 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"

If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

[pt2537]

Re: when is telephone harrassment deemed excessive?

Flaming Parrot, thank you for your response i appreciate it.

i have read through the link provided, but i am still unclear:embarassed: as to whether or not the amount of calls made to me (even based on the DCA's own records) is unreasonable or not?

i assume then that there is not a set number, even if they are phoning you on christmas eve about a debt. i assume then that it is your state of mind at the time you are receiving the calls, you circumstances, health etc and any adverse affects the persistent calls have on you, and that this is the unfair relationship bit?

if i appear slow i apologise, im just trying to get my head around it all.

It is a very untested area of law, save for the Harrison case which i was the fee earner on.

Basically, it is dependent on the facts of your case, questions like, did you explain your circumstances or did you just refuse security. What was the frequency of the calls, were they by the same company etc. All of these points will be relevant to the issue of fairness.

It is going to be on the facts of your individual case really.

[bluebottle]

Re: when is telephone harrassment deemed excessive?

With regards to these calls, could you answer the following questions, please -

1. Over what period of time have these phone calls been made?
2. At what frequency have they been made, i.e. how many calls a day, five days or seven days a week?
3. What is the earliest time of day and the latest time of day these calls have been made?
4. Are the calls menacing or threatening in any way?
5. Does the caller have a right in law to make these calls?
6. Does the caller have a right in law to make any threats?
7. What effect are these calls having on psychologically?
8. Are these calls having a detrimental effect on your health, physical and mental?
9. Who is making these calls?
10. For what reason are they making these calls?

These questions will give us some idea of whether what you are being subjected to constitutes a course of conduct amounting to harassment and whether there is a need to take steps to restrain those making the calls.

[IanM]

Re: when is telephone harrassment deemed excessive?

Best way to stop them is to answer the phone, when they ask for whoever, even if that is you then just say ""what can I do for you?"", they ask you to confirm your address etc and you reply, ""I'm sorry I don't give out my personal details over the phone, you will have to post a letter to me for any type of response, thank you!""", then they have to send a letter and if they are on a fishing trip the letter may not arrive as they don't know if you live at the address they have on record. If you do receive a letter then come back to the forum and follow the great advice you will receive in how to respond to the letter. Ignoring the call makes them ring more and more, best answer and don't tell them any information over the phone and request everything in writing!!

[sunshine111]

Re: when is telephone harrassment deemed excessive?

Thank you for your responses.

unfortunately i already know that i cannot answer points 5 and 6 of Bluebottles response as i do not know the answer as to whether the DCA has the 'right in law'.

i will go through the logs and get back with a fuller response to the queries raised shortly.

[pt2537]

Re: when is telephone harrassment deemed excessive?

The only thing i would say, is a challenge under the PFHA1997 would leave you with the burden of proof, and as seen in cases such as Conn v Sunderland, the bar is set very high before the Court will entertain granting any relief.

However, in Harrison, the challenge we brought was that the conduct was unfair and placed reliance on the CCA 1974. S140A CCA has a reverse burden, when the debtor alleges unfairness, the creditor has to prove to the contrary, which is very helpful.

I prefer the s140A argument rather than PFHA 1997

[gravytrain]

Re: when is telephone harrassment deemed excessive?

They really do get away with murder.
The problem is enforcing any sanction for the repeat calls.
Harrison was useful in that it illustrated the function of section 140, but the sanction imposed was that the creditor was unable to enforce the agreement.
The problem is when the creditor has no intention of enforcing anyway but is just using the repeat phone calls as a device to pressure the debtor into payment.
As stated the burden for telephone harassment is quite high under the Harassment Act.