Are You Being Harassed By Debt Collectors?
A visit from a debt collector shouldn't be an intimidating experience, but in many cases it can be an unnerving situation, especially if they act in an aggressive manor or demand immediate payment there and then.
A Debt Collector Isn't a Bailiff
Firstly, you should remember that a debt collector doesn't have the same power as a bailiff, if they threaten to take away your possessions or demand on the spot money then they are committing an illegal offence. A debt collector can only discuss your debts and how you're going to pay; you don't even have to speak with them if you don't want too.
Report Harassment
If you are being harassed by debt collectors then you should contact your local trading standard office and provide them with the company name, the person in question, and if possible, their ID number. If they become aggressive or threatening, then it's recommended that you call the police immediately.
Debt collectors are bound by laws and guidelines which prohibit them from harassing debtors. It's important that you are aware of what debt harassment is as well as understanding your legal rights. Section 40 of the Administration of Justice Act makes it a criminal offence for debt collection agencies to frequently demand money for debt repayment or subject debtors or household members to distress, alarm or humiliation. It's also worth noting that it's also illegal for debt collectors to falsely lead you to believe that criminal proceedings will follow if you fail to pay.
Not only are there laws that govern how debt collection agency's go about their business but the Office of Fair Trading and Trade Associations publish their own guidelines as to what they deem as harassment from creditors. Creditors and debt collectors are warned that it is unfair to communicate with consumers in an unclear, inaccurate or misleading manner. With this in mind, if you have experienced debt collectors who have said they can seize items, demand cash on the spot or that you will be going to court then this would fall under harassment in the eyes of trading standards.
You Don't Have to Speak to a Debt Collector
Having a debt collector knock at your door will never be a nice experience, but thanks to laws and business guidelines, it should never be an intimidating or threatening situation. A debt collector is simply sent by the creditor to discuss your debts and how you're going to repay them, they may ask for cash up front but if you can't pay straightaway, you are under no obligation to do so. Similarly, there is no legal requirement for you to actually speak with them.
Related Articles:
- What To Do If You're Being Harassed by Creditors
- What's The Difference Betwen Debt Collectors and Bailiffs?
- Illegal Debt Harassment - Your Rights
- 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.
