Have I Told Mum The Right Thing?

makes me so angry the tactics they employ. How much is the debt for...how much should she have been paying and what is the amount she is currently paying. You could consider writing to them on her behalf quoting the harrasement law (someone will let you know exactly what to do and may even have a sample letter) as that is what this constitutes too.

Would it be possible to go back to the original creditor (depending on what the debt was for and whether the co have employed them to assist with debt collection or whether they have sold the debt.)

I would def take it further.

Ok

Cannot get the link for the full OFT guidelines right now but to give you a clue have copied this from another post

I have cut out some relevent info from the document, but it is well worth reading. I have oput the ones I think have been broken in italics

2 UNFAIR BUSINESS PRACTICES
Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead debtors as to their status, e.g. documents made to resemble court claims.
b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge
c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is
d. unnecessary and unhelpful use of legal and technical language, e.g. use of Latin phrases
e. failing to provide debtors or creditors with information on status of debts, e.g. not providing requested balance statements when reasonably requested
f. contacting debtors at unreasonable times
g. ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, e.g. shift workers who ask not to be telephoned during certain times of the day
h. asking or instructing debtors to make contact on premium rate telephone numbers

There is also this section

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

I am going to put up a draft from another post but edit it a bit for refer to OFT Guidelines. The alts are in italics. Will be back with the links for the OFt etc.

Your name
Your address



Dear

Re: account number / agreement number

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts. In addition your agent made a number of threats on the telephone that directly contrave the OFT Guidelines. To ensure that your agents comply with the Guidelines in future, I require all communication to be in writing.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. In the meantime, we will be contacting the OFT and Trading Standards to report your actions.


Yours faithfully,

Tell her to keep sending her payments month in month out. They are just trying to scare her. How much hassle is it to get a van, hire an auctioneer, store the goods etc, and how much are they going to get - a tenner? It's much easier to try and scare people and threaten them with all sorts. I would keep a log of every time they call/visit and let them know you are recording it all and to leave her alone. Obviously don't let them in. Good Luck and I hope your mum gets better soon.