What To Do If You're Being Harassed by Creditors
If you feel like you are being harassed by your creditors then there are a number of routes you can take. The first step is to contact the creditor directly expressing your concerns about the companies conduct. You should also make them aware of Section 40 of the Administration of Justice Act and ask that they ensure that themselves, and any third party debt collection agencies they work in partnership with take action to avoid falling foul of the law again. It's also worth explaining to your creditors how you would prefer to be contacted - if you can get a signed agreement, even better!
Trading Standards Office
You should also tell your creditors that you will be contacting the Trading Standards office to report them for breaching their Debt Collection Guidance standards. Going directly to the police is quite difficult in debt harassment cases unless violence, blackmail or fraud has taken place. The best route is to speak with your local trading standards department at your council. They will be able to investigate further and can determine whether an offence has been committed and if prosecution is the best action to take. Creditors and debt collection agencies can be fined up to £5,000; there is also the risk that the creditor could end up losing their consumer credit license.
Report Them to the Office of Fair Trading
If your local Trading Standards office decides not to act on your case then it's also worth speaking directly with the of Office of Fair Trading. The OFT don't often taken up individual cases but they can use your evidence along with other debtors to build up a case against creditors and collection agencies.
Aside from this, you could also find out whether your creditor is a member of a trade association such as the Consumer Credit Association. They will not be able to enforce their code of conduct in a court of law but they could decide to take action against its members.
Take Court Action
An alternative route if you have deep enough pockets is too take your own personal claim to the Magistrates Court. This is a pricey option to take and it's recommended that you seek legal advice first.
If you are receiving calls, night and day from a creditor then you may wish to deal with the problem directly. Phone line operators offer services whereby you can block numbers or identification is required before their call can be connected.
As you can see there are a number of actions you can take to stop illegal debt harassment from your creditors. In most cases, making your creditor aware that you know your legal rights is enough for them to change their procedures.
Related Articles:
- What's The Difference Betwen Debt Collectors and Bailiffs?
- Illegal Debt Harassment - Your Rights
- Are You Being Harassed By Debt Collectors?
- What Bailiffs Can Legally Do
- What Can A Bailiff Take From Your Home?
- Walking Possession Agreements
Site is for information only and does not constitute financial advice. E&OE.
