Harassment??? Please Advise

Boban2408

I took a payday loan ( stupid I know) and am struggling to pay it back. I did manage to pay them a lump sum 2 weeks ago however to stop them from harassing me but I was receiving texts from them saying things like this " either you call me to sort out or I start calling (my partner) every 5 mins until she gets you to call me"
They also sent another text which I deleted with the same message but referencing my bosses name
Also they sent an email which I still have to myself, my partner and another email account I had set up
Firstly how did they find out my partners name?
Is this harassment?
Can they legally contact my partner about my debt?
Have they acted unlawfully by sending an email to my partners email address?
thanks in advance

iluvmarmite

No they cannot lawfully contact your partner nor can they harass you at work, if they do they will be breaking the administration of justice act 1970


40 Punishment for unlawful harassment of debtors.E+W

(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—
(a)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;

getting in touch with your partner or boss will cause you distress and humiliation. You need to write them a letter, recorded delivery to make sure they get it, and explain to them that they are breaking the law by continualy harassing you and threatening you, quoting the above act, they are trying it on and trying to get you so worried you will do what they say. Offer them what you can and if they dont like it then tough as you can only pay what you have.

Boban2408

Thank you very much for your response it is as I thought. I also thought they were in breach of the data protection act as well as I work in IT and have a very good working knowledge of this.

I have now emailed my local OFT to ask for their advice on this matter and am drafting an email to the company (Not sure if I can name them and shame them) to tell them I will be making a payment to them on my next pay date direct to their bank and will not be providing them with my new card details (as I got my old card cancelled).

Should I repay the full amount (which will leave me short) or offer them a half payment requesting that I pay the other half on my next paydate to solve the problem?

Also should I mention to them I am taking advice on them quoting the laws and reasoning I have for taking further action? Hopefully give them some discomfort the way they have to me?

Thanks

Robert

viktory

They have no right to harass you - but honestly, if you have the money pay them!

redpete

Boban2408 wrote: »

Should I repay the full amount (which will leave me short) or offer them a half payment requesting that I pay the other half on my next paydate to solve the problem?

Depends what you mean by "leave you short". If it means you can't buy food for the kids for 2 weeks then pay what you can and pay the rest later but accept the additional interest and charges that you will incur. If it means you can't go out for an evening, buy a couple of take-ways and have to go to Lidl instead of Tesco this month then pay them what you owe them as soon as you can and accept the additional interest and charges that you have incurred.

I took a payday loan ( stupid I know) and am struggling to pay it back.

As you know it was stupid to take out a short term loan without knowing how you would pay it back I won't point it out again.

On the DPA issue you do probably have a good case for raising a complaint with the Information Commissioner's Office (website down at the moment). You do have to have complained to the lender first to give them an opportunity to address the issue and keep evidence of the breach.

Boban2408

I recieved a text from this company this morning because due to my bank account being emptied yesterday I cannot pay them the agreed sum
" Robert this is david, i spoke with (My Boss) last night and i will do so all day today unless you call to discuss."
This text was yesterday
"Robert my next call is to My Boss. You have 5 mins to call me."
My boss is on holiday just now and I'm scared I could lose my job through this
PLEASE HELP ME!!!

vax2002

Call the police on the non emergency number and report the harassment , this is an "electronic communication" it has its own legislation to deal with this kind of thing and it is likely to cause alarm or distress.
Do not delete the texts.

RichGold

How are they in touch with your boss??
How do they have the name of and means to contact your partner?

What???

Boban2408

I think they got my bosses number due to the fact we have company mobiles between teams and they phoned asking for him and he has phoned back on his own phone ( I'm only assuming that )

Don't know how they got my partners name and number

I'm really worried. What can I do? I am awaiting OFT and Citizens Advice coming back to me. Could I lose my job through this

Guys please help me

redpete

Boban2408 wrote: »

PLEASE HELP ME!!!

What have you done in the last 3 weeks following the advice you were given then?

Who emptied your bank account yesterday?

Boban2408

I emailed them and agreed payment. Every month on the 8th of £150 odds. I also reported them to the OFT and have sent them an email saying all contact via email and quoted the acts they were in breach of.

Something my partner had done accidentally came back and bit us. She applied for a loan but never went through with it and they got the bank details from that