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sigma | 11:10 Sat 27th Dec 2008 | Law
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My son whilst at Uni. became overdrawn on his bank account. The banks call centre, presumably in Mumbai, were trying to get in contact with him by phoning his home number. They were told he wasn't available on this number and was away at Uni. They persisted on calling this number three times a day, six days a week for a month. Can anything be done to prevent this number of calls should this situation re-occur.
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yes, if he owes them money they are entitled to call the contact number they hold. why don't you pass on his mobile/alternative number?
Does he not have a mobile 'phone number?
Soz sara3 you mentioned the mobile.
Get him to call them that should stop the calls
that's okay, TCL.. I quite like it when someone sensible backs me up :o)
If that had been ma son, I'd have passed on the mobile number after the second 'phone call...
I may be stating the obvious here but a good solution to making sure this doesn't happen again would be for him not to go overdrawn!

I don't see what odds it makes where the call centre is either? Regardless of where it is, if your son has an overdraft (presumably an unauthorised one?) then the bank is going to try to contact him urgently. Clearly his bank account is registered with his home address which would be normal practice since students move a lot and it's generally more hassle than it's worth to change to term addresses constantly, also mail tends not to be secure in Halls and student flats.

At the end of the day, if this is likely to happen again then you either have to put up with it (can't believe they wouldn't phone an alternative number if you supplied one. Did you? Or did you simply use the old head in the sand "he doesn't live here any more" line hoping they'd stop asking?) or your son needs to change his contact details with his bank to something else. Even just the phone number.
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They had his mobile number and said they would call it but never did.I appreciate the fact that had he contacted them or bought his account into the black then the calls would have stopped but surely the fact that he wasn't available on that number and were told so made the number of calls from them a nuisance call.
If you were owed money by someone who wasnt paying it back wouldnt you feel it was ok to try and speak to them? From what you say it sounds like he's trying to avoid them, which is a bit silly as they wont go away until he pays back the money he owes.
This is harassment, your son's debt is nothing to do with you and as you say they have his number and address. Write to the chief executive of the bank telling him/her what you have told us and let them know that you will be taking action against them via the law.
How do you know they did not contact yir son on his mobile number? If he ignored the calls and yir number was one that he had given as his contact number what are they to do?

It seems to me that yir son could have resolved the problem himsel very early but chose not to do so. This is a problem of his own making and for some reason he chose to ignore it.
It's not harrassment at all. What a ridiculous thing to say maggie. "Action via the law" indeed LOL

They are trying to contact him on the correctly registered address and phone number his bank account is set up with and, unless the son wants to change those details, they are perfectly correct to keep doing so.

They may or may not have failed to try to contact the son on a mobile number (maybe he avoided the calls, maybe the phone wasn't actually on or was out of range somewhere when they tried to call - Some students do actually attend classes!). Certainly he could have headed off the issue if it was getting to the stage of sigma classing them as "nuisance calls" simply by taking a little pro-active action and calling the bank himself to explain the position?

I really don't see how there's a leg to stand on here. Unless he leads a completely independent adult life then his bank has his correct details and is entitled to continue to chase debt that he hasn't been authorised to run up until he contacts them. If you don't want it to happen again insist he changes his contact details with them (presuming he has an alternative address and phone number suitable for use) or tell him not to go overdrawn again.
Oldmaggie is quite correct: it is harassment and is illegal within the UK no matter how many feel the bank have a moral right to persistently call. Creditors do have rights and they have to exercise those rights through the proper channels.

The Telecommunications Act 1984, Section 43 (1) (b) makes it clear that persistent annoyance is illegal.

See Govan Law Centre:

http://www.govanlc.com/harassment
Skyline, the creditor has been calling eighteen times per week. In anyones language that surely must be annoying and surely eighteen times per week is persistent.

The legislation I think, makes it clear that persistence plus annoyance equals harassment.
If you can get the caller's number - and that's not always easy with a call centre - then for a small charge you can get your telephone company to block it for you.

If they call again, tell them what Stu Dent has just told you and tell them that you will take action if they do not stop calling you.

I'd be tempted not to give them his mobile number unless you have his express permission to do so. It breaches confidentiality (and possibly invades privacy), whether he's family or not, and if my mother gave away my number to someone without my say-so, I know I'd be furious - and she knows it.
It may be viewed as harrassment and may lead to some relief for you if you can stop the calls but the best way to make the problem go away is for your son to tackle the debt issue. Are you supporting him financially in any way while he's at Uni- if so I think it's reasonable for you to withhold support until he does something about this. He is being unreasonable to you for not sorting this out- indirect harrassment to you in my opinion
Ok, Stu, I'm not a lawyer, and it may be that you are and know better, but as I read it your link says that the Telecommunications Act in s43 (1) (b) makes it an offence to send by telecomms a message THAT YOU KNOW TO BE FALSE and to cause annoyance to others by persistently doing so. The header on the description of that part of the link mentions causing "gross offence" or "menacing character"..

If we presume that it is in fact correct that the original poster's son owes money to the bank I fail to see how that applies? Unless they are actually threatening or menacing the original poster.


Anyway, as I suggested before, would it not have been far simpler for the son simply to call the bank if it's annoying his parents so much?
What is the bank supposed to do? Call once or twice, get no responce from your son and just give up?

I would have thought it would be a nuisance for you but they have to get their money back some how. Supposing they tried the number you gave them for him and he didn't answer. How many people do you think that say someone has moved to try to get out of debts?
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OK, I appreciate it's his doing and could have been resolved by him contacting the bank but, I tell them he's at Uni, not living at home and not available on the home phone number in the morning, I tell them the same in the afternoon and again in the evening every day, why can't they get it into their thick skulls that he's not here.? If I was owed money and was chasing it up and was told the person was not available on that number I would resign myself to thinking what's the point of calling it.
sigma - creditors are very used to people lying to them to avoid the situation.

Your son is in breach of the terms and conditions of his account not only by going overdrawn with authority but by failing to notify them of his change of address and telephone number.

Don't blame the creditor - blame your son. When he notifies the bank of his change of contact details in writing the calls to your home will stop.

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