Whilst i was searching for a case on Lexis Nexis today, i came across the case report on Roberts v Bank of Scotland plc and another appeal –  All ER (D) 88. This case was very interesting indeed, not least because the Bank of Scotland appealed having lost at the first instance and took the matter to the Court of Appeal and lost again.
The facts however are most interesting, it seems the Bank had called the Claimant over 500 times in the space of 12 months, and the Claimant for her part had told the Bank that she did not want to discuss the matter with the bank or its debt collectors.
The lower courts are often quick to frown on a debtor who doesnt communicate with his creditor, however quite helpfully the Court of Appeal seems to have clarified matters on this point.
This is an…
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