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threatened by creditors


dido42
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am posting this on behalf of my cousin whos in debt she has set up a repayment table with the help of the c.a.b but now one of the creditors is after her to make more payments and threatening to make her bankrupt she's terrified cant sleep its making her ill she owns her own home which is in a bad state of repair and shes trying to sell it the sale fell through she is working but even with the sale of the house she wont be able to clear all she owes what can she do to bring this thing around will she be better off being bankrupt. Would she lose her home becoming homeless. How can she get them to stop phoning her in work and at home all the time any help would be greatly appreciated the creditors have given her a fortnight exactly what they expect then i dont know

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Dido, send them a CCA request. This will stop the cmpany in their tracks

until they comply with your request. they are not allowed to pursue you for

the debt while the request is outstanding.

 

Thier is a template letter that you can send. You will find it in the "sticky" section of General Debts. It is the last of the threads and was posted by Barracad. The letter you want is letter N.

 

Send the request along with £1 postal order by recorded delivery and keep a copy of the letter. From the time of posting they have two days plus twelve working days [ie no weekends or bank holidays to be included] to send you

back a copy of your original agreement.

If they fail, and most do, they are in breach of the Consumer Credit Act and are not allowed to enforce the debt. If they still haven't delivered within

the next month, they commit an offence, and until they produce the

required document, the debt is unenforceable-so no chance of them

applying for a Court Order of any kind.

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Unfortunately these creditors will threaten your Cousin with all sorts but what she has to bear in mind is that they are threats, you wouldn't believe what lengths these creditors and DCA's go to to scare people into paying, they are ruthless! They like to think they are the law but they are NOT and they will spit out all kinds of bull. Your Cousin can rise above it and im sure she will have them by the short and curlies in no time.

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Also with regards to the issue of bankruptcy, if your cousin has several creditors and only one of the creditors are not happy with the reduced payments they can not make your cousin bankrupt. The other creditors would have to agree with any such action.

 

Can I ask how much the debt is to the creditor that is causing so many problems? It is quite often the creditor who the least is owed to who causes the most amount of trouble.

 

With regards to the creditor phoning her send them this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

She will need to include something about not phoning her at work either.

 

You may also wish to note:

 

It is a criminal offence to leave grossly offensive messages over telephone or make indecent or obscene or menacing telephone calls or calls which cause annoyance, inconvenience or needless anxiety - Telecommunications Act 1984 . The criminal courts may in certain circumstances treat such harassment as grievous bodily harm if psychological damage results.

 

the Protection from Harassment Act 1997 makes it a criminal offence to pursue a course of conduct, which amounts to harassment of a person. This Act also creates a civil statutory tort of harassment, which enables a person to obtain a civil court injunction to stop harassment occurring and to claim damages where appropriate. This is a very important piece of legislation which can potentially provide protection in neighbourhood disputes, cases of racial harassment, bullying at work, confrontation with the media or stalking, as well as hate mail and persistent unwanted telephone calls.

 

Harassment is not defined in the Protection from Harassment Act and so it will be a matter for assessment based on each case. It has been established that publication of a series of newspaper articles by a newspaper can constitute a course of conduct amounting to harassment. However, there must be a course of conduct in order to bring a claim. This means that there must be at least two incidents representing harassment - i.e. more than one telephone call - and the person who is carrying out the harassment must know or ought to know that it would amount to harassment.

 

Hate mail is usually anonymous, but if it can be traced the sender can also be prosecuted under the Malicious Communications Act 1988 . This makes it an offence to send a letter or other article which conveys an indecent or grossly offensive message or a threat, or which contains information known to be false and the purpose of the letter is to cause distress or anxiety. The category of communications under this Act has now been expanded - by virtue of the Criminal Justice and Police Act 2001 - to include electronic communications or articles of any description. This new definition will cover hate telephone calls, emails or text messages.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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