Bank’s conduct amounted to harassment

Download document:

Bank’s conduct amounted to harassment - .PDF file.

The customer (C) had a number of accounts with the Bank of Scotland (the bank). There had been periods when C had exceeded her overdraft/credit card limit by a modest amount. The bank thought it was necessary to contact C by telephone to discuss her accounts.

Original calls to defaulting customers were automated and, when answered, would be transferred to an operative at a call centre. When the bank made calls to C, she made it clear that the calls should stop. But in just more than a year, the bank made 547 calls to C. C commenced proceedings claiming damages from the bank for harassment. The bank claimed that the large number of calls was a reasonable attempt to contact C to discuss her accounts.

C was in breach of her contract with the bank as she had exceeded the permitted indebtedness on her accounts. The bank could therefore sue and withdraw its services. However, a creditor is encouraged to first try and contact the debtor to reach a mutually agreeable solution before commencing proceedings, which is why the bank called C…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.