Being harressed by hsbc bank

louloubelle76

Im in debt with hsbc bank with an afterdraft and loan, I went to my local CAB last week and they managed to do me a budget plan and worked out how much I can pay hsbc back amongest my other debts, which worked out to a token payment of £1 a month for each creditors. I have sent the letters to my creditors today so just waiting to hear back from them.

Since day 1 I have always let hsbc know my position, at first they put everything on freeze with my accounts for 3 months (that was in december)For the past 2 weeks I have had calls to my house phone and mobile morning,noon and night, everytime they keep going over the same old thing, my current situation, do they think im dumb that I dont know whats going on :mad: It just seems that no body seems to be making a note of my situation on their computer system.

Monday just gone I spoke to them and explained that I can only afford £1 a month and they will be getting a letter,plus my income and budget in the post shortly, he gladly took the remaining money out of my savings the full £1.19 of it to pay towards my loan, since Monday after a £1 has been taken, im still getting the phone calls, none I have answered as it just depresses me and stresses me out, they keep suggesting they take more money from my overdraft to pay my loan :eek: wouldnt that mean getting me into more debt?


Can they still harress me like this even though they have took my token payment? do I have to answer the calls?

I have made a record of how many times they have phoned me, its quite ironic when you want to speak to the bank yr put on hold but when its the other way round they cant stop calling :rolleyes:

I look forward to your reply's

Deep_In_Debt

Hi

There is a telephone harrassment letter that you can send. Am rubbish with links but National Debtline Website has a template you can use. Send it recorded delivery. Don't answer the phone to them or don't go through their security questions, say you will only deal in writing and hang up.

Perhaps change your bank account and set up a Standing Order for what you can afford to HSBC and pay them that way so they can't take your money.

In the meantime, contact CCCS, National Debtline or Payplan who will offer, free, impartial advice.

Sorry I can't help more.

Good luck.

Lensman_2

Fermi's telephone harrasment letter. If they don't comply then report them...

If they do go to letters, you must reply promptly (within 7 days) or it will escalate to court very quickly.

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode


Dear Sirs,

Harassment by telephone

Account Number: XXXXXXX

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 have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. Please note that the address for correspondence is that stated above and you are required to remove any and all other contact details from your system forthwith.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)


Yours faithfully,


(type don't sign)

louloubelle76

thanks for your replies. I will use that letter if it continues

sallyx

louloubelle I will just say HSBC are a bloody nightmare ! I have had the same as you, going over and over the same information. I told them the last time that if they didn't note it down I would start charging an hourly rate for the amount of time it was taking me to phone them up, give them information they have already had. Its just very very frustrating isn't it
Good luck

DaveBrum_2

This should help a bit!!!

HARASSMENT

When you are under financial pressure, it may often appear difficult to know what to do. If you feel that a creditor is not dealing with your account fairly, you should read the following:

The text below has been taken from Guidelines issued by The Office Of Fair Trading and is intended to give guidance on what debt collection activities may be considered as harassment or unfair and should therefore be avoided by creditors.

You should clearly understand however, that if you do not repay the amounts that you owe to your creditors, they are allowed to keep reminding you from time to time - but they must not act unfairly or illegally.

Many activities undertaken by your creditors may appear to be harassment but they are entitled to take reasonable steps to recover a debt owed to them.

Creditors are advised by the Office Of Fair Trading that the following practices (for example) are considered to be unfair: -

· Use documents that resemble a court summons or other official papers

· Falsely represent a court or any other official

· Claim, mislead or coerce payment of collection costs (unless the contract provides for them)

· Use oppressive or intrusive collections procedures

· Act in a manner in public intended to embarrass

· Fail to act with discretion when attempting to make contact in person or by telephone

· Attempting to make contact at unreasonable times and intervals

· Making frequent demands for payment which are calculated to cause alarm, distress or humiliation

· Disclose the indebtedness to third parties especially neighbours, relatives or employers

· Applying pressure to sell property or raise funds by further borrowing

· Falsely claim that criminal proceedings can be brought for non-payment

· Falsely imply that they may legally seize property or take other action without going to court

· Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone

· Leave messages that contact should be made with someone urgently without an explanation

· Use insufficiently addressed postcards or other correspondence

· Falsely claim a right of entry

Other unfair practises may well constitute harassment

HOW TO DEAL WITH HARASSMENT BY YOUR CREDITORS

The first step is to write to the creditor that you believe is acting unfairly and outline your concerns regarding their behaviour.

You should inform them that you are familiar with the Debt Collection Guidance issued by the Office of Fair Trading and in particular with Section 40 (1) of the Administration of Justice Act 1970 and ask that the creditor take steps to avoid similar occurrences in the future.

You should also make suggestions as to how you would prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.

However, If you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your Local Authority’s Trading Standards Department.

If Trading Standards will not act, you should clearly understand, and accept, why this is. If you do not accept their explanation, you may contact the Office of Fair Trading direct.

Shorty82

I know how you feel with regards to the bank constantly phoning you. I'm with Lloyds TSB and I've had a phone call every day for nearly a fortnight, despite me telling them each time that I cannot pay anything into my overdraft until I get paid again. I've told them countless times that I'll bring my account back into it's limit (which I'm about £30 over max. at the mo) on Friday, and then pay 100 a month for the next 5 months until it is cleared. Each time they tell me 'OK, call us back when you're able to make a payment' to which I agree, but then the next day they'll call me again saying the exact same thing.

I guess at the moment they can argue it's fair as I did break an agreement with them a couple of months ago. They told me they couldn't set up another one until I paid some money in, which at the time I couldn't do. Yet they continued to call to 'remind me' of the situation, like I could forget it anyway! :rolleyes: Though despite them telling me I couldn't set up an agreement til I paid in money, they called again today to set one up.

Either way, I do hope they stop calling now!!