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Thread: Protection from Harassment Act 1997 - Damages - NEW TEMPLATE - Roberts v BoS[2013]

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  1. #1
    Celestine's Avatar

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    Default Protection from Harassment Act 1997 - Damages - NEW TEMPLATE - Roberts v BoS[2013]

    http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

    Following the brilliant result in Roberts v Bank of Scotland PLC [2013] EWCA Civ 882

    Ms Roberts brought a county court claim for harassment following 6 months of telephone calls at a rate of approx 3 per day.
    She won
    the Bank then appealed and lost badly Giving all consumers a nice Court of Appeal binding precedent of £7500 damages for the level of harassment she experienced.

    This result is HIGHLY significant to anyone receiving intrusive levels of phone harassment for debts. Basically, once you tell them you don't want the calls, they can only resort to legal proceedings to 'encourage' payment. Telephoning you night and day is simply NOT acceptable.

    IF YOU ARE RECEIVING SUCH CALLS, PT2537 and I have put together the following template letter to send:

    __________________________________________________ __________________________________________________ __________

    Dear Sirs DATE
    I am writing to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which I am receiving in relation to Acc: XXXXXXXX
    Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company as I have already repeatedly explained that I am unable to pay any/more money per month towards this account.Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment.
    I have made it clear to your company that I do not have the funds to pay you what you are asking. I have asked for these calls to cease however I have been told by your staff that they will continue to telephone me even though I have made it clear that I do not wish to discuss this matter further via the telephone.
    I have received calls from …………………… On the following dates:
    1)
    2)
    3)
    (cont’d overleaf if required)
    I require you to ensure that the recordings of these calls are secured and protected and above all must not be deleted, erased or tampered with as they will be key evidence in a claim which I am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.
    I require these calls to cease with immediate effect; I will not discuss this matter with your company by telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland PLC (Rev1) [2013] EWCA Civ 882 and in particular paragraph 37 & 38 of the Judgment. The court made it clear that the existence of a debt does not allow a creditor to persist in harassing the debtor.
    I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, I also require you to confirm that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below:
    If you persist in telephoning me, I will issue an application for an injunction under The Protection from Harassment Act 1997 and I shall also seek damages for the same on the principles laid down in Roberts v Bank of Scotland [2013].
    I trust you will treat this as a matter of extreme urgency.
    Yours sincerely XXXXXX
    LIST OF NUMBERS NUMBERS AFFECTED:
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

  2. #2
    Celestine's Avatar

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    Default Re: Protection from Harassment Act 1997 - Damages - NEW TEMPLATE - Roberts v BoS[201

    We think that a letter template similar to the one above would need to be sent DURING the harassment so that there is a formal record that you asked for the harassment to stop.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

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