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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I am getting harrassing telephone calls to my works mobile

Customer Question

I am getting harrassing telephone calls to my works mobile number to the tune of up to 4 calls per day from the same company called Blue Stone Finance.01142317400. This is in regards XXXXX XXXXX accident that took place some 11 years ago. it went to court and I was fined £450 and 6 points to licence...nothing in the form of comunication verbally or written since, untill the last 6 months....now its every day and asking for credit card details or possible court proceedings...this is causing me distress. Can you help as I would say this is harrassment as I am lead to believe that this is time barred and although the so called debt of £9600 will not disapear they cannot legally take proceedings aginst me. I have asked for a break down in writing apertaining to the 39600 but they refuse to provide any information and said that they are not obliged to...can you help or adise.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. Are they just calling, or also writing to you? Have you tried changing your number?

JACUSTOMER-tu22u613- :

communication is by phone only. cannot change the number as its a company phone...contact list is extensive.

JACUSTOMER-tu22u613- :

they refuse to put anything in writing to me.

Jo C. :

Thanks for the response. I am just traveling right now and can't get a secure connection. If you can give me 30 mins I will be at a fixed PC.

JACUSTOMER-tu22u613- :

ok

Jo C. :

Sorry for the delay. I had a loss of connection!

Jo C. :

What would you like to know about this?

JACUSTOMER-tu22u613- :

is this called harrassment?

Jo C. :

The short answer is that its quite unlikely that it is.

Jo C. :

The fact that you were dealt with in the criminal court doesn't mean there cannot be a civil claim against you.

Jo C. :

In fact, the fact of the criminal conviction strengthens the civil claim.

Jo C. :

The only issue that does assist you is the Limitation Act 1980.

JACUSTOMER-tu22u613- :

even after 11 years have passed?

Jo C. :

if the incident itself was out of time then they would be time barred under the LA 1980 but there is an application they can make to extend time under S32 LA 1980

Jo C. :

Although they pretty much have to show that you were hiding abroad or using a false name.

Jo C. :

The fact that they probably would not be able to sue upon this though does not mean that they cannot phone and ask for the money.

Jo C. :

There is a difference between a weak claim and no claim at all.

Jo C. :

The only issue that does concern me here is whether or not the MIB paid out

Jo C. :

But they do not use this particular company unless things have recently changed.

Jo C. :

If they did pay out then a claim could be brought against you because time runs from the date of settlement.

Jo C. :

In any event though, whether this is harassment or not is another matter.

Jo C. :

Firstly a company cannot commit a crime. A company is not an individual..

Jo C. :

That doesn't matter per se because it is likely that they acted under the direction of a particular person who would be responsible.

JACUSTOMER-tu22u613- :

I have not hiden in any way...still the same home address and place of work....no writen communication from anyone over this period...and as I have said when I asked for writen details of their claim , they refused and said they were under no obligation to provide such information.

Jo C. :

Well, they aren't at this. If they go to court they would have to prove it. That does sound like MIB behaviour though.

Jo C. :

But there might be lots of other explanations.

Jo C. :

You can always phone the MIB and ask if they will not tell you.

JACUSTOMER-tu22u613- :

should I just ignore the automated telephone calls as I have been doing of late?

Jo C. :

I would check with the MIB.

Jo C. :

If its not the MIB then just send them one letter saying you are not paying and invite them to sue.

Jo C. :

Ignore any letters.

Jo C. :

If they start telephoning then there is a simple trick to get rid of them over the phone. They will ask you a series of personal questions, such as your date of birth mother's maiden name. Just refuse to answer those questions and then they cannot talk to you any more because they can't identify you under the Data Protection Act. They do keep phoning but it cut shorts the conversation every time and, in the end, they do get the message.

JACUSTOMER-tu22u613- :

ok I will try that.....thank you

Jo C. :

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

JACUSTOMER-tu22u613- :

ok thank you....all the bst Jo.

Jo C. :

All the best.

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