How to...

[HappyMonday]

Just wondering if anybody is able to advise me how and to whom I report unfairly harrassive debt collection practices, from a number of companies and over a number of debts?

[Allyxia]

Could try these:-

www.bailiffwatchdog.co.uk

 

I dont know anything about them. So use your own judgement - but hey its a starting place for you!!

[rosiecotton]

Technically it is Trading Standards who enforce the Administration of Justice Act which covers harassment of debtors, I have to admit it is rarely high on the list of things to do in many under-resourced departments though.

 

The Office of Fair Trading also have debt collection guidelines so it might also be worth reporting it to the appropriate section of the OFT.

 

In my opinion this is a rising problem and causes people no end of stress and strain, I do try and assist where I can through my work and am trying to raise awareness of what these companies are and are not allowed to do, as many people think they have to tolerate them phoning daily.

 

Here's a clip from a letter I personally wrote to Lloyds TSB regarding a personal loan I cannot currently meet minimum payments on due to my OH being out of work at the moment:

 

I would like to make you aware of the Office of Fair Trading’s Debt Collection Guidelines which state that unfair practices include:

 

·Contacting debtors at unreasonable times and at unreasonable intervals

 

·Pressurising debtors to increase payments when they are unable to do so

 

The 2003 consultation on these guidelines prompted a variety of responses about what would be considered “unreasonable intervals” from daily to weekly calls. As I have been receiving calls daily, I believe that, based on these responses, this is clearly unreasonable – especially bearing in mind my circumstances, which have obviously not changed overnight. In addition, trying to persuade me to pay more than I can afford is a clear breach of the guidelines.

 

 

In addition to being in breach of these guidelines, I would like to remind you that harassment of debtors is a criminal offence under Section 40 of the Administration of Justice Act 1970. This Act states:

 

40 Punishment for unlawful harassment of debtors

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he —

 

(a) harasses the other with demands for payment which, in respect of their frequency or 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

 

Contacting me on a daily basis, knowing that my circumstances have not changed, constitutes unlawful harassment under this Act and is a criminal offence.

 

 

I got a letter of apology and they have not telephoned me since.

[HappyMonday]

Hi....

 

Thanks for those, I'm a bit lax in replying presently.

I often use the OFT debt collection guidelines etc to tell these vile little attack dog companies to sod off, but I have one particular case in which one of them has clearly and provably committed a number of minor breachs.

I've pointed this out to them, and they've promptly sold my debt on to another agency.

Since I'm feeling particularly zealous at present, I want to try and push this to the next stage and actually have the transgression investigated.

I'll start by asking the OFT and Trading Standards then...