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Harassment from Creditors and Debt Collectors

Are you experiencing harassment from debt collectors and creditors?

Keep in mind that debt collectors are not bailiffs. They thus have no legal right to threaten you or take away your possessions.

It is an unfortunate fact that some debt collectors try to mislead you in to believing that they are in fact bailiffs. Of course, this is completely illegal. If this happens to you, then you should immediately inform your local trading standard office. If you are threatened, then you need to call the police immediately.

Let us repeat this one more time: Debt collectors ARE NOT bailiffs. The only way a bailiff will become involved with your case is if you have already been to court for a particular debt and failed to comply with the terms of the court order that describe the manner in which you are to repay it. A debt collector is allowed to do one thing – ask you to pay a debt. That is all. You are not even legally required to speak with a debt collector if you do not want to.

When does Harassment Become an Offence?

According to Section 40 of the Administration of Justice Act 1970, an individual commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

• Harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation.
• Falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it.
• Falsely represent themselves to be authorized in some official capacity to claim or enforce payment.
• Utters a document falsely represented by him to have some official character or purporting to have some official character, which he knows it has not.

What is more, the Office of Fair Trading has gone on to elaborate on the legal definition of harassment. In their words, “It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.”
What this means is that debt collectors are not allowed to contact you at unreasonable times during the day. They are not allowed to use confusing legal jargon when speaking to you. They are not allowed to ask you to phone them on premium rate numbers. If a debt collector sends you a letter that looks like a court claim, then they are breaking the law by misleading you. Debt collectors should never misrepresent themselves – they should always make it clear what their role is. When requested, a debt collector must immediately present you with a balance statement regarding the debt that is owed.
Debt collectors will often employ a range of lies in order to scare people in to giving them money immediately. They may do any of the following to get you to pay:

• Claim to work for the court, or be a bailiff, or give the impression of this.
• Say or imply not paying your debt is a criminal offence.
• Say or imply action can be taken that is not legally possible such taking away some of your possessions to cover the debt.
• Say or imply that court action has been taken against you when it hasn't.
• Use a business name or branding implying they are a government body.

In order to combat such harassment, it is vital that you are aware of your legal rights. You can rest assured that debt collectors are not allowed to do any of the following:  

• Contact you too frequently.
• Pressurize you to sell property or borrow money elsewhere to settle the debt.
• Use multiple debt collection companies concurrently.
• Not tell you when your debt has been passed to another company.
• Pressurize you to pay in full or in installments you cannot afford.
• Make threatening gestures or statements.
• Ignore disputes about whether you owe the money.
• Attempt to embarrass you in public.
• Threaten to tell a third party about your debts such as a neighbor, your family or employer.
• Send letters addressed to the occupier or discuss the debt with someone without being sure they are you.
• Refuse to deal with an adviser acting on your behalf.
• Not accept reasonable offers or passing on payments you make.
• Refuse to suspend action if you dispute the debt.
• Claim collection costs when the original credit agreement didn't facilitate this, and to tell you are legally liable for these costs.
• Not explain specific amounts that can be added for collection costs in the original credit agreement.
• Add unreasonable charges.

Debt Collector Harassment - Explained in Plain English

If debt collectors are harassing you, then you should immediately call Betterway and tell one of our representatives about your problems. In the event that you are genuinely unable to pay your debts at the rates that are being requested of you, then you can rest assured that the law is on your side – and we can help you find a solution.
We at Betterway have years of experience when it comes to dealing with debt collectors. We can take care of them for you. We will arrange with them a payment level that you can actually afford and take care of all further communication with the debt collectors – so you can put an end to the harassment right away.  
Remember: No matter how much debt trouble you are in, the law is on your side and will not tolerate bullying by debt collectors.