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From the Harassment Act 1997 - Could this be used against the companies making the phone calls?

http://www.harassment-law.co.uk/



• MALICIOUS COMMUNICATIONS •



A common and particularly unpleasant form of harassment is that involving malicious communications either through the post, the telephone, Fax, by cyberstalking through the internet or, an increasing problem, by the use of Text or SMS messages sent to mobile phones.

Under section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and sections 85 Postal Services Act 2000 or s127 Communications Act 2003 there are similar specific offences relating to sending postal or telephone messages which are indecent offensive or threatening. Both offences are punishable with up to six months imprisonment and/or a fine. Because the Malicious Communications Offence is more wide ranging than the Telecommunications offence it is more likely to be charged by the Police than the Postal Services or Communications Act offences.

As with all legislation, Dominic, it is down to defining exactly what is defined as "offensive or threatening". I suspect that this would be difficult to prove in Court, but there is no harm in our forum members using the Act as a counter threat!

It might make them feel better if nothing else! If there are any lawyers out there - what do you think!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

Domonic have a look at the telecommunications act I think of 1984 it states that it is illegalto make calls which give cause to upset and distress . I quoted this to a creditor as stated in an earlier post and the phone calls stopped. She had said to me on the phone that they were not doing nything illegal but I said I beg to differ and quoyed the act and never got another call again. Up to then I had received up to fourteen calls in a day from them. Hope this helps /

Sorry about the above spelling wrote too quickly.

Hi Dominic,
Good work! I quoted just the word Harassment at the end of my letters about the many calls and letters- unnervingly it has gone very quiet now but i also use the 'Choose to Refuse' that BT do with a particular number that was very stressful-it is free for a month and then if you need any further £3 odd as i've quoted to another member here.
It's like Melanie says tho' what one person considers Harassment another could deny it, and as the offenders never leave a message what proof is there. Always loopholes with Laws and Acts for people to slip thru.
[88]razamataz_

You could threaten to record the conversation, I have and mentioned the word harrassment. My phone has gone quiet, for the time being anyway.

LILY