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.
Hi Guys,
Further to my previous thread "Re:Acknowlegement of debt".
After being sent letters by Lowell for the past 3 months, I decided to do a credit check with Experion, and the "debt" being chased has been entered as "settled" in 2001. I'm not quite sure how this happened, as I did not pay it, and this is probably the 3rd or 4th agency chasing it.
Was wondering if anybody has any ideas and could I report Lowells for harrassment
It feels like my creditors are harassing me, what are my rights?
It is often difficult to know what to do when you feel a creditor is not dealing with your account fairly. If you do not pay, your creditors are allowed to keep reminding you from time to time but they must not act illegally. Many activities could be classed as harassment but this is often difficult to prove. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment.
Guidelines have been put together by The Office Of Fair Trading giving guidance on what activities may be considered as harassment and should therefore be avoided by creditors.
Creditors are warned by the Office Of Fair Trading that they should not: -
Bring unreasonable pressure to bear on you in default of payment
Falsely claim that criminal proceedings can be brought for non-payment
Falsely imply that they may legally seize property or take other action without going to Court
Impersonate a Court or any other official person, by letter or by telephone
Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone
Leave messages for you to contact someone urgently with no explanation
Contact you at work, or the customer's employer with intent to create embarrassment and create fear of dismissal
Wait outside work on payday
Park outside your door in a vehicle marked 'debt collectors'
Call on the neighbours, pretending to believe the neighbour is you
Send insufficiently addressed postcards
You cannot be prosecuted in the Criminal Court because you have not paid a consumer debt, but some creditors may try to make you think you can, this is also illegal.
If you feel you are being harassed, you may take the following action:
The first step is to write to the creditor and outline your concerns regarding the company's behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor take steps to avoid similar occurrences in the future. Make suggestions as to how youwould prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.
However if you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act it may be worth contacting the Office of Fair Trading.
Thanks Lordi234,
I think I shall send them a letter refering, as you said, to administration of justice act, and if they ignore it I shall contact office of fair trading.
Thanks for advice.
Whizzard.
Harrassment by Lowell ???
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