Reporting Harassment

[Malcontent]

I have seen so many threads since joining the forum about people being harassed, I thought I would start this thread allowing people to understand their rights on reporting harassment.

I went to the CAB following significant harassment from Nat West and First National a few years ago – went to court with the backing of the CAB and won.

Below is an extract from the CAB handbook and is full of good advice to anyone being harassed – therefore talk to them as they do a damn good job is this area.

Thanks CAB:-)

Some suggestions

When ever a bank calls you or sends threatening letters to you regarding debt – Keep a full diary of events and this can be used in court at a later date.

When someone from the bank telephones you – be polite.

Ask for their full name, who they are representing and their full address so you can communicate in writing to them – Note that in the event of the person on the phone being reticent in giving their details – state to them that you are unable to discuss a confidential matter until you know who you are talking to and in what capacity they are calling – If you can get it ask the name of their manager or who they report too.

Keep a record on these details – the nature of the call, the attitude of the individual calling and how many calls you receive from the organisation.

Keep a full and clearly written diary as this would be used as evidence in court when and if making a claim of harassment. One thing that you should know is that courts effectively have the power to remove the debt owed if harassment can be proven but in normal cases this will only be applied in extreme cases. (Note the moment you get the CAB to right a cease and desist letter on your behalf, the calls usually reduce significantly.

So What Are Your Rights?

Reporting the Harassment (taken from the CAB handbook)

41: Harassment of debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970 and in Northern Ireland under the Judgement Enforcements (NI) Order 1981. This legislation states that:-

‘A person commits an offence if, with the object of coercing another person to pay money claimed from another as a debt due under a contract, he:-

(a) harasses the other with demands for payment which, in respect of their frequency of; 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; (England & Wales only)

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represents himself to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not; or

(e) (in Northern Ireland) falsely represents that the process of any court or the EJO has been issued or that any judgement has been obtained in respect of money claimed.’

42: This offence applies to both the person(s) who undertakes the illegal debt collecting practices and to someone who arranges for or conspires with others to do this.

43: The first offence is triable in the magistrates court only.

44: If the client believes that a debt collecting agency is committing an offence, s/he should report the matter to the police who can prosecute

44a: In Scotland, the harassment of debtors is not a specific offence. However, threats of violence or using false pretences (for example, pretending to be a Sheriff Officer) or threatening criminal proceedings are criminal offences.

45: It is also open to any person to initiate a private prosecution against an individual or organisation who is committing an offence under the legislation. This is done by applying to the magistrates’ court for a summons. The client or an advisor should go to the local magistrates court with the relevant evidence (for example offending letters and signed copy of diary of events and ask for a summons. This will usually be issued without formality. There is no charge for issuing the summons – the court merely arranges a date for the hearing and delivers the summons to the debt collector. Advisors may wish to go along with the clients to provide support – however, they will not be allowed to speak, except as witnesses, at the hearing.

46: If the bureau has a client who is being harassed , it may be useful if the bureau writes on headed notepaper) to the creditor. The letter should be written in general terms, saying the bureau is advising the client that the bureau is familiar with the legislation and that bureau policy in all cases of suspected harassment is to refer it, where appropriate, to the police and/or to the Director General of Fair Trading (In Northern Ireland, Trading Standards). This general letter will let the creditor know that any possible harassment is now being monitored by an advice agency, and should, in most cases, put an end to harassment. The Bureau should also complete an Information Retrieval form and return in to NACAB. If there are many complaints about that particular creditor, NACAB may be able to make representations to the Office of Fair Trading, which could result in the creditors licence being revoked.

47: The Office of Fair Trading (OFT) has strongly condemned unfair and unscrupulous methods of debt collecting such as those described in this item. The OFT urge people to report firms using such tactics. Although they cannot take up individual cases in ‘unfair or improper practices, whether unlawful or not’. The client should report the matter to their local trading standards authority who will pass details to the OFT.

48: If the creditor is a member of the Finance Houses Association, the client could refer the creditor to their Code of Practice which states that debt collection methods must be of the ‘highest ethical standards’. Although the Code of Practice is not legally enforceable, it may be worthwhile to refer the problem to the association. The address is:-

18 Upper Grosvenor Street,

London

W1X 9PB