Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
About a year ago on another debt site I read a snippet where the poster was advised that it was illegal to chase and harrass people for a debt. It quoted a piece of legislation which it suggested using to fend off anyone who keeps phoning you up chasing payment. eg you are advised under Section xx of the yyy act you are illegally harrassing me and this must cease otherwise ....
I am writing to express my serious concerns regarding the telephone calls that I have received from your company.
I have Wrote and requested that these stop, but I am still receiving calls.
I am now formally requesting that all further correspondence be made in writing only.
I demand that these phone calls stop immediately. I am now 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.
You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), 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,
Regards
Sophie-Jane
Yes I'm a Trucker Girl - explains why early posts
Thank you
Please Note
Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts
I have generalised and alluded to Harrassment legislation in my recent correspondance - but this is good to have.
I also think I read somewhere that you could ask for removal of their license to act as a financial institution if they do not abide by the strict requirements. If anybody has this information - it is good to have in one's arsenal, after all we are at war!!
Ive just sent that letter to Capital One, I am getting fed up of their harrassment, and I consider more than 4 phone calls a day to be harassment.
I sent the letter today 1st class, Ill allow 2 days for it to arrive and then from then on I will write down every call and I will report them, I am absolutely sick to death of them, even my kids put the phone down on them now
Capital One - Letter Before Action 16/10/2006
Claim issued 6/11/2006
Barclaycard - Letter Before Action 16/10/2006
Claim issued 8/11/2006
There is legislation to prevent harassment under The Limitations Act.
The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.
Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.
Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.
The debt is not covered under this legislation if 1) there is a CCJ for the debt 2) a payment has been made within the past 6 years 3) there has been any contact with the creditor or their agent except to deny the debt exists.
If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.
I hope that this information helps you fight the fight!!
Debt Collector Harassment,
Under the OFT guidelines for debt collectors: They are not to contact debtor too frequently, they are not to contact a debtor at unreasonable times, a creditor is to refrain from using two or more deby colletors at the same time or one after the other, the creditor has to notify the debtor IF it is to be passed to another collector, There are a lot of things that they cannot do.
Log on to the OFT site and then Guidance for debt collection. you'll get all the info you want
Is it also true they cannot initiate court proceedings if they don't own the debt? ie if they are acting on behalf of a bank only the bank can bring proceedings. If it is and they threaten legal action then they are breaching OFT guidelines.
Barclays - settled and about to claim charges since then!
Morgan Stanley - defaulted on CCA request - ball is in their court
Birmingham Midshires - starting claim 1st March £3000+
MBNA - Settled in full
Amex - CCJ issued against Amex and full refund taken by Bailiffs - cheque received eventually!
Marbles - Full settlement
Capital One - Received full amount plus costs
My Crditor Contacted My Employer To Let Them Know Of My Debt To Them I Contacted Trading Standards But Were No Help I Have Been Advised To Take Legal Action Against Them But Not Sure How To Go About It Any Advice Very Welcome
I have just started action against Capital One as they have ignored my letters to stop calling me. Durham trading standards think it might be legal action time!!!!
Look at Section 40 of the administration of justic Act and the Protection from Harassment Act,
Both of these are Criminal Acts, and Harssment is a criminal offence but section 40 of the Administartion of Justice Act has a civil remedy built into it.
My Crditor Contacted My Employer To Let Them Know Of My Debt To Them I Contacted Trading Standards But Were No Help I Have Been Advised To Take Legal Action Against Them But Not Sure How To Go About It Any Advice Very Welcome
Jenny
Did you write to Trading Standards if so can you post their reply, if not do so spelling out exactly what the complaint is - that is in direct breach of the Data Protection Act and contrary to TS guidelines.
phone calls are a waste of time, you MUST submit all complaints in writing.
I have just started action against Capital One as they have ignored my letters to stop calling me. Durham trading standards think it might be legal action time!!!!
look at consumer credit workshop we have a good anti harrasment letter there I recall
Harrassment Laws
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Re: Harrassment Laws
Originally Posted by jenny159
