Can They Threaten

alexlee_2

My wife earlier got threatend by someone at welcome finance regarding a debt that is mine. He said that I need to make a payment by tuesday (which I was going to do anyway) and that she doesn't see how serious the matter is and that they will call in baliffs for my unsecured debt if nothings done by tuesday?? Are they able to A) Threaten my wife regarding my debt and Threaten Balliff action over the phone.

naijapower

It depends on how we interprete threat. They could say they were only making you aware of their intentions. Though i really think they ought to be speaking to you and not your wife

standupguy

Unless your wife is joint named on the agreement then they had no right to discuss this with her and have therefore breached the data protection act.

They can instruct a bailiff to call to discuss the debt and payment but that is all - a bailiff would not have any further powers without Welcome first taking you to court.

You have every right to make a formal complaint.

Mark7799

If the loan is in the OP's name only, aren't they breaching confidentiality by talking to his wife?

alexlee_2

Thanks for the replys, I think I will have to follow the route of making a complaint

money_wiser_2

data protection they should not discuss your debt with another person who is not named on the debt, complain like hell.

RobertoMoir

standupguy wrote: »

Unless your wife is joint named on the agreement then they had no right to discuss this with her and have therefore breached the data protection act.

They can instruct a bailiff to call to discuss the debt and payment but that is all - a bailiff would not have any further powers without Welcome first taking you to court.

You have every right to make a formal complaint.

Strictly speaking, the person calling in the circumstances you describe would be a "debt collector" rather than a bailiff, even if they nominally hold a bailiff's general certificate or suchlike; they'd not be appearing in that capacity so its irrelevant.

As you say, a bailiff wouldn't have any powers without a CCJ in place first, but I'm keen to ensure people use the right terms as this is an easy guide to the powers of the person collecting a debt and the rights of the person who owes the debt.