I owe a large amount of money to a bank and I have no funds to meet payments at the moment. The bank contacts me so frequently regarding missed payments that I am beginning to feel harassed and bullied by them. Is there a limit to the number of times they may contact me?
Under the Central Bank’s Code of Conduct on Mortgage Arrears (CCMA), all regulated mortgage lenders may not initiate more than three unsolicited communications with a borrower regarding mortgage arrears, by whatever means, in a calendar month unless you request additional contact. This limit includes attempted but unsuccessful contacts and excludes communications you’ve initiated or those mandated by law.
Further, the Non-Fatal Offences against the Person Act 1997 (the Act) specifically prohibits harassment. Under the Act, anyone who without authority “persistently” follows, watches, pesters, or telephones a person is deemed guilty of harassment. If someone intentionally seriously interferes with another’s peace, privacy or causes alarm, they are ‘harassing’.
Additionally, the Consumer Protection Act, 2007, states that a trader may not engage in aggressive commercial practice. Commercial practice refers to conduct engaged in before, during or after the initial consumer transaction. In determining whether the commercial practice employs harassment the following shall
be taken into account:
(a) the timing, location, nature or persistence of the commercial practice;
(b) the use of threatening or abusive language or behaviour by the trader;
(c) the exploitation of a consumer’s misfortune or circumstance when the trader is aware that the consumer’s judgment is impaired.
If you are subjected to repeated calls or communication from your bank regarding debts you should refer the matter to the Financial Regulator.