It's often unclear just how far a creditor can go to retrieve their money from you. Because the lines between reasonable pressure and harassment are so blurred, many debtors who claim to have been harassed have simply been subject to a creditor who knows how far they can go. Likewise, some debtors may be victims of harassment by a creditor and not be aware of their rights.
One of the main ways a creditor could harass you is by contacting you, either by letter or phone. This is where the line gets hazy – how much is too much? Generally speaking, getting letters and phone calls every other day or more frequently could definitely be classed as harassment, especially if they are threatening. If it gets to the point where you're too scared to answer the phone, the chances are your creditor is harassing you.
Phone calls can also be classed as harassing if they come at unreasonable times – usually accepted as before 8.30am or after 7pm. If you ask your creditor not to call at those times and they still persist in doing so, this is also harassment. If the phone calls or letters threaten legal action, or state that legal action has been taken when it hasn't, this is harassment too.
A creditor or collection agency legally has to accept any reasonable offer of payment made by you. A reasonable offer means one that will have an impact on the amount owed, yet will still be affordable to you, and not cause you undue financial hardship. You may be asked to fill out a statement of means in this case, which a creditor is within their rights to request. Be honest and outline your exact monthly incomings and outgoings, make an offer of payment which you can stick to, and any reputable creditor will accept. If they insist on you paying more than they know you can afford, or demand the payment in full, you may have a case to file for harassment.
Some lesser-known harassing methods include passing your debt onto a collection agency and not informing you – these agencies are often much more hard-nosed in their dealings with customers as they don't have to worry about losing custom. Some firms use more than one collection agency at the same time – if you find out about this you could complain. Some creditors will go so far as to call you at work or at a neighbours house – this is a breach of confidentiality and should be noted in case of a harassment claim, as should a creditor calling your home and speaking to another person about your debts.
So what do you do if you think you are being harassed by a creditor? First of all, write to the creditor outlining the reasons why you believe this. Takes notes of dates and times of phone calls and letters, and make it clear that you are familiar with section 40 of the Administration of Justice Act which states what does and does not constitute harassment. Ask them to stop harassing you, and tell them how you prefer to be contacted, and at what time (if by phone). If they do not stick to this, you can take further action by complaining to the Trading Standards or CAB. The Office of Fair Trading should be contacted if other avenues have been exhausted. If at any point a creditor or bailiff acting on their behalf becomes aggressive, violent and/or threatening, contact the police.
One of the main ways a creditor could harass you is by contacting you, either by letter or phone. This is where the line gets hazy – how much is too much? Generally speaking, getting letters and phone calls every other day or more frequently could definitely be classed as harassment, especially if they are threatening. If it gets to the point where you're too scared to answer the phone, the chances are your creditor is harassing you.
Phone calls can also be classed as harassing if they come at unreasonable times – usually accepted as before 8.30am or after 7pm. If you ask your creditor not to call at those times and they still persist in doing so, this is also harassment. If the phone calls or letters threaten legal action, or state that legal action has been taken when it hasn't, this is harassment too.
A creditor or collection agency legally has to accept any reasonable offer of payment made by you. A reasonable offer means one that will have an impact on the amount owed, yet will still be affordable to you, and not cause you undue financial hardship. You may be asked to fill out a statement of means in this case, which a creditor is within their rights to request. Be honest and outline your exact monthly incomings and outgoings, make an offer of payment which you can stick to, and any reputable creditor will accept. If they insist on you paying more than they know you can afford, or demand the payment in full, you may have a case to file for harassment.
Some lesser-known harassing methods include passing your debt onto a collection agency and not informing you – these agencies are often much more hard-nosed in their dealings with customers as they don't have to worry about losing custom. Some firms use more than one collection agency at the same time – if you find out about this you could complain. Some creditors will go so far as to call you at work or at a neighbours house – this is a breach of confidentiality and should be noted in case of a harassment claim, as should a creditor calling your home and speaking to another person about your debts.
So what do you do if you think you are being harassed by a creditor? First of all, write to the creditor outlining the reasons why you believe this. Takes notes of dates and times of phone calls and letters, and make it clear that you are familiar with section 40 of the Administration of Justice Act which states what does and does not constitute harassment. Ask them to stop harassing you, and tell them how you prefer to be contacted, and at what time (if by phone). If they do not stick to this, you can take further action by complaining to the Trading Standards or CAB. The Office of Fair Trading should be contacted if other avenues have been exhausted. If at any point a creditor or bailiff acting on their behalf becomes aggressive, violent and/or threatening, contact the police.
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