When do "warning letters" become harrassment?

ceivegz

I'm now getting the typical letter every couple of weeks from an outfit called Newlyn plc stating the usual rubbish like "you have not paid the above parking ticket, and this may now be registered in the County Court. This action will allow Bailiffs to remove household effects and cars from your property [what? don't they have to win the court case first? And even then, wouldn't I have the option of just giving them money before they come knocking on my door with a swag bag?], and may affect your credit rating.:mad:

You have 14 days to pay from the date of this letter." They are now requesting over £200!

I have a pretty solid case (good photos, and can prove I wasn't driving), but would like put a stop to their tactics, at what point would such letters constitute harrasment? Should I be making a complaint to the police, or is that just a ridiculous idea?

trisontana

For a start, just by registering this "debt" in the county court does not mean that the bailiffs will come knocking. For that to happen the case would would have to go before a judge, you lose and then refuse to pay whatever the judge orders. What you are seeing are typical scare tactics from these lowlifes.

peter_the_piper

Notice the words MAY not will. If they were going to sue you at the county court they would do so after just a few letters/invoices. Councils do so after 3 I think. Next ones will have scary checkered borders and will be the final notice, after that will be the final, final (we really mean it) notice and then the final, final, final notice(we'll try once more I think she's not falling for it)notice. They then give up.

fergies_army

Protection from harassment act 97 ........

- A person must not pursue a course of conduct which amounts to harassment of another AND which he knows or ought to know amounts to harassment of the other.

PERSON under the act does not realate to companies or corporate bodies under this legislation.

Paradigm

Everytime you get another letter just laugh

It's cost them time & money to send it & your money is still safe in the bank

As long as you continue to ignore they're out of pocket.

Not a good business ethic methinks

ceivegz

fergies_army wrote: »

Protection from harassment act 97 ........

- A person must not pursue a course of conduct which amounts to harassment of another AND which he knows or ought to know amounts to harassment of the other.

PERSON under the act does not realate to companies or corporate bodies under this legislation.

Thanks for all your responses. I'm not at all scared by these letters and do find them amusing (though my wife less so). The aim of my original post was to see whether I could give Newlyn a kick up the backside by taking some sort of action against them (eg. report them for harassment). I thought that a "PERSON" can legally include a limited company?? If so, I wonder whether can I just call the police and say I'm being harassed for money?

I have just sent the following complaint to the OFT:

Complaint re. Newlyn Plc (Debt Collection agency) breach of OFT guidelines

Dear Sir or madam,
My complaints regards the practices of Newlyn Plc, a debt collection agency which has been appointed by Civil Enforcement Ltd (CEL) to pursue £236.25 from me in regards to parking fees that I have contested with CEL.
I have received various letters from Newlyn (now totalling 4) requesting immediate payment of outstanding monies (the initial charge claimed by CEL of £150 has now jumped to £236.25) with threats and false claims of exagerrated consequences should I fail to pay said amounts. I believe that Newlyn’s communication with me constitute harassment and are in clear breach of the OFT’s Debt collection guidance, published December 2006.
My most recent letter from Newlyn says the following:

“You have failed to pay the above parking ticket, and this may now be registered in the County Court.
This action will allow Bailiffs to remove household effects and cars from your property, and may affect your credit rating.
You have 14 days to pay, from the date of this letter.
DO NOT IGNORE THIS LETTER
CONTACT US NOW”



The above implies that the act of solely registering a claim at a County Court will allow Bailiffs to seize property, ignoring the fact that: a) the claimant would first have to win a court order; and b) the fact that in the even of the claimant winning a court order, the I would always have the opportunity to pay any sums ordered by the Court. Together with the frequency of letters being sent to me, I believe that these practices constitute a false statement and harassment. Specifically they breach the following OFT guidelines on unfair practices:

2.2b leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted.



I look forward to hearing your response,

Kind regards,

trisontana

I hope that you have also copied the above letter to Newlyn Plc.

Vomityspice

You 'could take action against them under the Protection from Harassment Act (1997) there would need to be just two events. see http://www.opsi.gov.uk/acts/acts1997/ukpga_19970040_en_1

However, to be successful, you would have needed to tell them that the letters were harassing and you wanted them to stop. After all, how would they know their letters are causing a problem? (i suspect they won't care)

How effective this would be is debatable? Why spend any money on complaining about what is essential junk mail?

Note that harassment is normally a civil action so its your money you are wasting. Surely the better idea is to let them continue to waste their money on postal fees, on an invoice you have no intention of paying? The chances of them legally pursuing the alleged debt (implied contract) is nil.

ceivegz

Vomityspice wrote: »

You 'could take action against them under the Protection from Harassment Act (1997) there would need to be just two events. see http://www.opsi.gov.uk/acts/acts1997/ukpga_19970040_en_1

However, to be successful, you would have needed to tell them that the letters were harassing and you wanted them to stop. After all, how would they know their letters are causing a problem? (i suspect they won't care)

How effective this would be is debatable? Why spend any money on complaining about what is essential junk mail?

Note that harassment is normally a civil action so its your money you are wasting. Surely the better idea is to let them continue to waste their money on postal fees, on an invoice you have no intention of paying? The chances of them legally pursuing the alleged debt (implied contract) is nil.

Thanks, I'll just do what everyone else is doing, ignore the letters and continue to pursue this with the OFT. Maybe some other people should do the same, as many who are less in the know are keeping these idiots afloat with their payments

Chippy_Minton_2

In answer to your question, under the act it becomes harrassment, when it causes you to feel harrassment, alarm or distress. However the course of conduct must be more than one letter.

Are all the letters signed by the same person?

Coupon-mad

fergies_army wrote: »

Protection from harassment act 97 ........

- A person must not pursue a course of conduct which amounts to harassment of another AND which he knows or ought to know amounts to harassment of the other.

PERSON under the act does not relate to companies or corporate bodies under this legislation.

The part of your quote in bold isn't correct.

A customer took British Gas to Court for harassment under this Act (similar situation with Debt Collectors harassing her for a debt she didn't owe):

http://www.thisislondon.co.uk/standard-business/article-23650929-how-british-gas-ended-up-in-court-for-being-too-heavy-handed-with-customers.do


HTH