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In Todays Plymouth Paper MUM IN BID TO STOP BANK'S 'HARASSMENT'
angei010
Posts: 30 Forumite
MUM IN BID TO STOP BANK'S 'HARASSMENT'
WILLIAM TELFORD INVESTIGATIONS EDITOR
11:50 - 18 April 2007
Single mum Alison Turner is taking one of the country's biggest banks to court for allegedly harassing her about her overdraft.
In what is expected to be a ground-breaking case, Ms Turner, from Devonport, is seeking an injunction against Halifax plc - and wants damages for what she claims was stress and anxiety caused by the bank.
She could receive a substantial sum in damages, but stressed the case is not about money.
Instead she wants to stop the Halifax bothering her with 'unprofessional and disrespectful' calls.
This is because, she claims, the multi-national company continued to pester her with more than 30 phone calls after it had agreed not to pursue her over an overdraft debt.
Ms Turner had already forced the bank to wipe £775 off her overdraft bill after she complained that the charges appeared to unlawfully penalise her for going overdrawn.
But while she was waiting for this to be chalked off she claimed she was bombarded with calls relating to unresolved issues over how much she did owe them.
Ms Turner, a 31-year-old mum of two, said she felt 'bullied' and was upset and distressed by the bank, which made her feel like she was a 'failure' for getting into debt.
"I got telephone calls at 6.20pm on a Friday and early on Saturday morning," she said. "The constant calling reduced me to tears at times."
Ms Turner, a personal assistant, went to city law firm Nash and Co last year after the Halifax hit her with a huge bill, even though she was actually only a few pounds overdrawn.
She said she only went over her overdraft limit because of extra charges imposed by the bank.
Ms Turner was so distressed she was on the verge of approaching a 'loan shark' - but instead spoke to lawyers.
She said: "There was quite a lot on the TV news about banks not being allowed to charge excessive overdraft penalties to customers. It made me think and I took advice."
In January, the bank agreed to wipe £775 off her bill after Nash and Co successfully negotiated on her behalf. The charges were removed on March 13. According to experts, banks are only allowed to charge the actual admin costs for recovering debts, not add on any further charges to penalise customers.
Ms Turner's account was then back within its overdraft limit.
The law firm also warned the bank that if it tried to contact Miss Turner it would lead to action under the Protection from Harassment Act 1997.
On January 23 Halifax agreed to stop contacting Ms Turner and Nash and Co sent a letter signed by her, saying all correspondence should go through Nash and Co's offices.
But the bank allegedly tried to contact her 33 times, by phone and letter, between January 27 and March 13.
They actually succeeded in speaking to her 21 times, including at weekends and in the evening.
Lawyers maintain this 'significant number' of calls was in breach of what Halifax agreed and constitutes harassment under the law.
A legal action has now been launched seeking an injunction, damages and costs.
It will be heard before a circuit judge in the County Court, in Exeter, on May 21.
Ms Turner, now with another bank, said: "If customers are having problems, banks should listen to them and understand and try to get them back into the black - not make their position worse by applying unlawful overdraft charges to their account and then harassing them by telephone."
Neil Mercer, solicitor advocate at Nash and Co, said the recovery of Ms Turner's bank charges was 'quickly successful', but Halifax's continued contacts caused Ms Turner 'alarm and distress'.
Mr Mercer said Halifax continued to contact Ms Turner 'despite clear warnings faxed direct' to the bank warning 'legal action would be taken'.
He said: "Proceedings were therefore issued and we are optimistic for our client's prospects."
A spokesman for Halifax plc said the bank could not comment on 'specific cases' or ahead of any court hearing.
But he said: "Where accounts are in arrears we make calls to customers and try to make arrangements.
WILLIAM TELFORD INVESTIGATIONS EDITOR
11:50 - 18 April 2007
Single mum Alison Turner is taking one of the country's biggest banks to court for allegedly harassing her about her overdraft.
In what is expected to be a ground-breaking case, Ms Turner, from Devonport, is seeking an injunction against Halifax plc - and wants damages for what she claims was stress and anxiety caused by the bank.
She could receive a substantial sum in damages, but stressed the case is not about money.
Instead she wants to stop the Halifax bothering her with 'unprofessional and disrespectful' calls.
This is because, she claims, the multi-national company continued to pester her with more than 30 phone calls after it had agreed not to pursue her over an overdraft debt.
Ms Turner had already forced the bank to wipe £775 off her overdraft bill after she complained that the charges appeared to unlawfully penalise her for going overdrawn.
But while she was waiting for this to be chalked off she claimed she was bombarded with calls relating to unresolved issues over how much she did owe them.
Ms Turner, a 31-year-old mum of two, said she felt 'bullied' and was upset and distressed by the bank, which made her feel like she was a 'failure' for getting into debt.
"I got telephone calls at 6.20pm on a Friday and early on Saturday morning," she said. "The constant calling reduced me to tears at times."
Ms Turner, a personal assistant, went to city law firm Nash and Co last year after the Halifax hit her with a huge bill, even though she was actually only a few pounds overdrawn.
She said she only went over her overdraft limit because of extra charges imposed by the bank.
Ms Turner was so distressed she was on the verge of approaching a 'loan shark' - but instead spoke to lawyers.
She said: "There was quite a lot on the TV news about banks not being allowed to charge excessive overdraft penalties to customers. It made me think and I took advice."
In January, the bank agreed to wipe £775 off her bill after Nash and Co successfully negotiated on her behalf. The charges were removed on March 13. According to experts, banks are only allowed to charge the actual admin costs for recovering debts, not add on any further charges to penalise customers.
Ms Turner's account was then back within its overdraft limit.
The law firm also warned the bank that if it tried to contact Miss Turner it would lead to action under the Protection from Harassment Act 1997.
On January 23 Halifax agreed to stop contacting Ms Turner and Nash and Co sent a letter signed by her, saying all correspondence should go through Nash and Co's offices.
But the bank allegedly tried to contact her 33 times, by phone and letter, between January 27 and March 13.
They actually succeeded in speaking to her 21 times, including at weekends and in the evening.
Lawyers maintain this 'significant number' of calls was in breach of what Halifax agreed and constitutes harassment under the law.
A legal action has now been launched seeking an injunction, damages and costs.
It will be heard before a circuit judge in the County Court, in Exeter, on May 21.
Ms Turner, now with another bank, said: "If customers are having problems, banks should listen to them and understand and try to get them back into the black - not make their position worse by applying unlawful overdraft charges to their account and then harassing them by telephone."
Neil Mercer, solicitor advocate at Nash and Co, said the recovery of Ms Turner's bank charges was 'quickly successful', but Halifax's continued contacts caused Ms Turner 'alarm and distress'.
Mr Mercer said Halifax continued to contact Ms Turner 'despite clear warnings faxed direct' to the bank warning 'legal action would be taken'.
He said: "Proceedings were therefore issued and we are optimistic for our client's prospects."
A spokesman for Halifax plc said the bank could not comment on 'specific cases' or ahead of any court hearing.
But he said: "Where accounts are in arrears we make calls to customers and try to make arrangements.
0
Comments
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Now there's a thought ... compensation for the "stress and anxiety caused"
Wins since 2009 = £17,600MANY THANKS TO ALL OPS0
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