Say NO To Debt Harrassment

Kingswick

:A
Be aware that you have the statutary right NOT to be phoned at all hours.

Tell the debt collection agency, verbally, that you only wish to be telephoned at a certain time of day, and demand that they adhere to this rule. Confirm this in writing sent via recorded delivery (trust me - it's worth it!).

If they continue to keep telephoning you, you must warn them that unless they stop harrassing you, you will take the matter to the authorities, since it is indeed against the law to harrass someone.

Remember: if you feel harrassed - then you are! It is then incumbent on whoever it is to cease the harrassment immediately. Read this quote and visit the sight it comes from:

"The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court."

http://www.payplan.com/debt-library/...arrassment.php

jonesMUFCforever

Legally I think they are allowed to phone betwwen 8AM to 9PM.

a11waysindebt

I've sent this before and all calls stopped.

Dear Sir/Madam
REF NO.

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.

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 xxxxxx,I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully

LuciferTDark

Anyone who phones me at 9pm better wear earplugs cause I'll tell them exactly what they can do with their phone in great detail.

stoyank

Hi,
I have better option. When I don't want to be bothered I just turn of my cell phone.
Also you can block particular number or to redirect calls from that number to another...

Dylanwing

Good post. Until you have had problems, you will never believe how much harrassment you get. It's not just information gathering and discussion, it is plain harrassment, seemingly in the hope that you find money from somewhere (Sharks?) to get rid of them. On many occasions I pointed out that nothing had changed in the 3 hours since the previous call, promised I would phone if a rich Uncle died, said goodbye and put the phone down without giving them time to respond. In the end I just demanded all communications in writing, and refused to talk over the phone. They are a lot less threatening when there is written evidence.
One other tip, tell them that you are recording the call, purely in case there is any dispute over what is being agreed. They are much more polite, and it does seem to reduce the number of calls.:D

Infidel

I suppose this is one good reason to have a "caller id" enabled home phone. Then you can just block certain numbers and also reject/redirect 141 type calls.

Kingswick

Harrassment in its basic form can simply be plain bullying - other times it can border on extortion via menaces - however tenuous. Putting the frighteners on someone by implying fire and brimstone outcomes are strictly forbidden. Of course they can state the law and their rights: but that is about it. The effect is the key here: they may think they are doing business when in effect they are harrassing you.

But you must actually tell them you feel harrassed: if you don't say then it's you who will pay.

Once you have told the debt collection agency just how much you can afford to pay them, then they should, in principle lay off you unless your payments stop. They cannot tell you how much you can afford - that's your job.

If they continue to telephone you even after telling how much you can afford, then simply read the riot act, so to speak.

If after doing everything required and you are being seriously nuisanced and you have made a record of dates, times, etc., of all instances of harrassment - then go for the jugular: telephone the police and inform them that a certain debt collection agency is breaking the law, as alluded to in my original post.

The police are then likely to contact the firm and give them a warning not to harrass you.

And if you don't tell on them, other people will suffer too.

The object of the debt collector should be to come to an agreement with the debtor, even if monthly payment is not as much as they would wish.

Whatever payment you can 'afford' is the figure they should accept.

They know full well that NO court would accept their demands of settlement when the debtor has already offered a reasonable sum that can be afforded.

This is a very important point that is often overlooked.

Courts DO NOT like their time wasted by over-zealous debt agencies who frankly should know better, and once a court knows that an offer has been made, they are normally quite happy.

Debt collectors beware!

Kingswick

maypole wrote: »

Kingswick

That is very interesting. Debt collectors have been sending letters to my son but at my address, he no longer lives here and I do not know where he is. I always reply and tell them this, but they kept phoning every few weeks and sending more letters.
In my last letter I did say that I was feeling harrassed by them and up to now have had no other correspondence or phone calls.
I was not aware at the time, of the information in your post. Perhaps it has worked, time will tell.

An excellent example of reason overcoming the unreasonable: well done to you!:T

Kingswick

a11waysindebt wrote: »

I've sent this before and all calls stopped.

Dear Sir/Madam
REF NO.

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.

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 xxxxxx,I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully

This is an excellent letter - very well written indeed!:D

wadia860

Nice letter a11waysindebt !

Egg are harassing me at work. I've just received a phonecall at home from my employer and they told me they had a call from Egg who were going to commence legal proceedings against me. I feel a bit of a plank now that everyone at work knows my private business. Is there anything I could add to this letter?

T.I.A