Bank's Conduct Amounted To Harassment

Key points

• A bank's conduct, involving the making of hundreds of telephone calls to customers, could amount to harassment for which it would be liable in damages for injury to feelings.
• The conduct would have to be unacceptable and intimidatory and clearly amount to harassment contrary to the Protection from Harassment Act 1997.
• The existence of a debt did not give the Bank the right to make repeated telephone calls to the customer when she had made it clear that she did not wish to talk to them. The Bank should have pursued its legal remedies.

The facts

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.