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DCAs guilty of Harassment?


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After reading up on the Protection from Harassment Act 1997, it would suggest to me, that DCAs who are requesting payment from debtors without first obtaining a copy of the original agreement (between debtor and original creditor), nor a Deed of Assignment, are guilty of harassment under ss 1(A)©(ii) of the Act:

 

s1 Prohibition of harassment.

(1) A person must not pursue a course of conduct-

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(1A) A person must not pursue a course of conduct -

(a) which involves harassment of two or more persons, and

(b) which he knows or ought to know involves harassment of those persons, and

© by which he intends to persuade any person (whether or not one of those mentioned above)-

(i) not to do something that he is entitled or required to do, or

(ii) to do something that he is not under any obligation to do

I'm probably just clutching at straws, but it does sound like harassment as defined above, as some of the DCAs are trying to make us pay them when we are not obliged by law to do so.

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I was pondering this myself as I am about to discover the very same situation. My wife kept a debt secret she was paying a DCA from me for the last two years she was so frightened by them, when I found out and trawled this site I now find their behaviour and the nasty letters / harrassing phone calls (often would not say who was calling and got abusive) with threats of court action, bailiffs etc quite disgusting and in the end it was done outside of the law with no authority. They say knowledge is power and it clearly is now the boot is on the other foot and once I have wiped the debt which is made up of unlawful charges anyway I was going to look at dealing with the DCA when it has settled. At the moment all I can think of is very stroppy home truth type letter to them and send copies of everything they have sent to TS, OFT and the Police. Not sure if it will do any good but it will make me feel better that I have caused the maximum amount of hassle for them and maybe help stop it happening to another victim like my wife these vultures prey on.

 

Unless anybody else has other ideas, I would love to get damages from them for pain, stress & suffering, extortion, obtaining money by menacing letters and phone calls !!! Grrrrrrrr !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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