Creditor Harassment

FiFiFu

taxiphil wrote: »

Yes, there is a way to claim compensation - a claim for damages in the county court under the Protection From Harassment Act.

Their behaviour has crossed the line of what is considered to be lawful activity.

Note that the more evidence you have, the stronger your chances and the more damages you will be awarded - so keep every letter they send you, a diary of events, records of phonecalls, records of your own attempts to stop the harassment, witness statements off friends/family etc.

Are there any legal companies that would represent me on a no win no fee basis? I don't know my way around lodging a claim for damages in the County Court and presumably there are fees for it..

nottoolate

taking action like that would be very dangerous. could land yourself with crippling legal costs awarded against you if it doesnt work out.

taxiphil

To be honest I would recommend representing yourself. Civil claims for damages under Protection From Harassment claims can be brought in the county court, which is designed for the layperson to use without the aid of a lawyer. The fees might run to a couple of hundred quid in total (if it gets as far as a hearing), but you could get exemption or remission if you're on certain benefits or on a low income - see http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex160a_eng.pdf

If you want, I can point you towards an excellent template of particulars of claim which pretty much covers the typical debt collector harassment scenario and only needs the facts of your case filling in.

But, as I have said, evidence is paramount.

And you also need to prewarn these companies of your intended litigation and give them a chance to pay you damages before you issue proceedings.

taxiphil

nottoolate wrote: »

taking action like that would be very dangerous. could land yourself with crippling legal costs awarded against you if it doesnt work out.

That's not true at all, costs are not awarded in the county court.

The Protection From Harassment Act was enacted to give people a form of redress in the very kind of scenario the OP has described, and should not be thought of as a risky or scary procedure.

nottoolate

taxiphil wrote: »

That's not true at all, costs are not awarded in the county court.

rubbish. of course they are.

are you deliberately trying to get FiFiFu in deep trouble?

FiFiFu

Thanks TaxiPhil for the advice. Please let me know the location of the particulars of claim template and is there also a template I could use to give the creditor notice that I intend to take the matter to court?

Thanks too for nottoolate's advice regarding the risk of costs being awarded against me but I don't want the fear of this to stop me from persuing compensation as this is what companies play on. It's always the big corporate giant against the little man (or lady in this case) and I don't like to be bullied. I've won some non financial legal battles in the past so am not new to legal proceedings, just have no experience in this type of claim..

taxiphil

nottoolate wrote: »

rubbish. of course they are.

are you deliberately trying to get FiFiFu in deep trouble?

How many solicitors do you speak to on a regular basis? Have you ever heard of a single [true] case of costs being awarded against an unrepresented LiP in a county court? It is virtually unheard of in English law and only where the party has been excessively vexatious and unreasonable. I hardly think that applies here!

Are you seriously suggesting that an ordinary citizen should be too scared to seek any redress for harassment under the Protection From Harassment Act?

taxiphil

FiFiFu wrote: »

Thanks TaxiPhil for the advice. Please let me know the location of the particulars of claim template and is there also a template I could use to give the creditor notice that I intend to take the matter to court?

Thanks too for nottoolate's advice regarding the risk of costs being awarded against me but I don't want the fear of this to stop me from persuing compensation as this is what companies play on. It's always the big corporate giant against the little man (or lady in this case) and I don't like to be bullied. I've won some non financial legal battles in the past so am not new to legal proceedings, just have no experience in this type of claim..

I like your attitude! By all means take professional legal advice if you want - if only to reassure yourself that "crippling" legal costs if you lose is simply not a possibility!

But don't be scared of representing yourself in the county court, the small claims procedure was created for ordinary people to use in situations like this.

Have a read of this:

http://e-sue.co.uk/docs/Lowell_Claim.pdf

As you will see, it's only the factual detail that needs amending and you don't need to be a lawyer to do that.

(Incidentally, that claim resulted in the judge calling Lowell's conduct 'shocking' and awarding the claimant £2,869.93 including costs).

FiFiFu

taxiphil wrote: »

I like your attitude! By all means take professional legal advice if you want - if only to reassure yourself that "crippling" legal costs if you lose is simply not a possibility!

But don't be scared of representing yourself in the county court, the small claims procedure was created for ordinary people to use in situations like this.

Have a read of this:


As you will see, it's only the factual detail that needs amending and you don't need to be a lawyer to do that.

(Incidentally, that claim resulted in the judge calling Lowell's conduct 'shocking' and awarding the claimant £2,869.93 including costs).

Thanks for that!

It looks to me that the behaviour of Moorcroft and Fashion World are in breach of the relevant guidelines, particularly as I have explained that I am ill and not always able to respond immediately.

On one occasion a couple of months ago (I've made a note of the exact date and time), one person said she wouldn't remove my phone number from their records unless I gave another one! When I refused she said that she wouldn't remove it as this was the only phone number they held for me. I asked for her name several times but she wouldn't give it to me and hung up on me when I asked why she was scared to give it to me.

Does requesting Fashion World verbally and emailing 5 or 6 times within a few days count as having asked them to stop phoning me? Would these emails and their responses which say that I will no longer be phoned count as evidence against them?