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Page last updated Saturday, 05 March 2011
BBC: Credit card borrower tortured by lender, says judge
The MBNA bank has been accused by a High Court judge of "torturing" a customer with repeated phone calls demanding he repay his credit card. Keith Harrison had his debt of £20,270 written off by the judge, Nicholas Chambers QC, at Mold in North Wales.
It is reassuring that someone as eminent as Mr Justice Chambers QC, a High Court judge, has highlighted something that I have been saying for years, namely the appalling way that some debt collectors and banking institutions go about collecting unpaid debts, whether they are legally enforceable or not.
The judge’s comments should ring out loud and clear to all debt collectors and lending financial institutions. He said “There can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the claimant's life so difficult that he would come to heel.”
"In my view, the claimant rightly complains that, mainly by MBNA but also by the defendant [debt collectors Link Financial], 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."
Last December MBNA was told by the Office of Fair Trading (OFT) that it must improve the way it deals with its customers who were experiencing problems repaying their debts. You can read this article here - MBNA told to improve debt collection procedures
Also my blog - Is MBNA guilty of coercing and bullying non-payers?
Paul Tuesday, 08 March 2011
This judgment is available online, i referred it to BAILII as soon as it was handed down
It is here http://www.bailii.org/ew/cases...11/B3.html
I hope this assists
Regards
Paul
Marie Saturday, 05 March 2011
I think this is excellent news. I know that my creditors absolutely hounded me before I went bankrupt, sometimes up to 30 calls a day including weekends and evenings. One company told me they put the calls on a system that just goes round and round and round...wether you make a payment that day or not. It is so distressing and just takes over your life, the phone rings and your heart rate just goes up and up. It makes people ill and suicidal, it really does. I am fortunately a very strong person and it got to me, I really do feel for people struggling with debt and the pain it causes. This judgement is a step in the right direction...lets see more companies being brought into line.
McKenzie Friend (Guest) Friday, 04 March 2011
The judgement should be quickly made available on line so that it can be cited in other cases. For example, people should not be forced into debt in order to pursue their legal rights against public authorities or wealthy corporations, who ramp up huge legal costs in a deliberate effort to deter legitimate claims or avoid a reasonable settlement.
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