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It is difficult to know what to do if you feel your creditor is not dealing with your account fairly. The situation is even worse if you are co-operating and providing the debt collector with all the necessary personal financial information required and to pay what you can afford. However the chances are the debt collector or your creditor will just continue to hassle you for more money.
Section 40 of The Administration of Justice Act
Under the Administration of Justice Act 1970 the harassment of people in debt by a creditor or their collection agents is a criminal offence.
“S40 Punishment for unlawful harassment of debtors.
1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
o harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
- falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
- falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
- utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”
Examples of Harassment
There are many more forms of harassment, but these are the most frequent ones:
- Telephoning at work so as to create embarrassment and fear you will get fired.
- Threats of personal visits, this is sometimes detailed in letters giving the impression that creditors have greater powers than they really have.
- Making nuisance visits or telephone calls at inconvenient times, such as 5.30 in the morning
- Calling or writing to neighbours, pretending they got the wrong number or address to yet again cause you embarrassment.
All debt collectors are licensed by the Office of Fair Trading so if any debt collection agency or creditor acts outside of the law the Office of Fair Trading has considerable powers to deal with the companies. The consequences include include revoking their licence to trade, thus putting them out of business. However, the OFT has no powers to get you any redress personally if you are continually being harrassed by a debt collector who is not following the rules.
If you are being harassed by debt collectors, then please tell us about your circumstances. If you are genuinely unable to repay your debts at the rate you are being asked, remember the law is on your side.
Contact us today on 0845 055 8152 and we'll deal with the debt collectors for you. We'll arrange for a payment level affordable to you and you need not worry about debt collectors anymore.
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