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majic | Any doubt counsellors or solicitors with debt experience out there? |
my friend (yes,really, not me (grin)) has arranged
regular payments wh all his creditors which he makes on time - one of them in particular keeps threatening him with legal action or debt collectors or worse by saying that he's not paying enough or the payment was late (it has never been late)
i understand that this type of harrasment is illegal, can anyone confirm this and confirm the law or statute that says it is so??
many thanks.
no silly answers please - this is a serious matter.
Additional Details
sorry, yes, i meant debt counsellors |
 |
 
CJ
 |
Hello Majic,
I am a debt counselor. The law you are referring to is the Fair Debt Collections Practices Act (FDCPA). You can read about it on the www.ftc.gov website. Put the acronym into the search argument.
There are definitely laws regarding what a creditor can and can not say. You didn't indicate whether it was the primary creditor or a 3rd party collector as the rules are a bit different. Yes, harassment is illegal but also difficult to prove. You can complain to the ftc on the same site. Violation of the law is a $1000 fine. If there are too many complaints against a specific company, the FTC (Federal Trade Commission) can close them down.
I suggest your friend read what he/she can find on the site so the next time the collector calls, his/her rights are familiar to him/her.
Collectors are trying to get your friend emotional, if they cry, the collector wins the game. This can be controlled somewhat by indicating up front that the conversation is being recorded and that the caller is aware of his/her rights under the FDCPA law. |
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gofuk
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i had some debt problems and went to payplan who talk to my creditors direct if i get any letters i send everything to them.thay will allways want more money but you cant give what you havnt got. |
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Sebastian Two-Tails
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Most of the content of most of these answers are correct - however, I must poin out that the professor is talking out of his butt - you cannot threaten anyone with violence because if that person believes the threat, it is tantamount to an assault.
It is also known as 'demanding monies with menaces' - a criminal offence.
Quite rightly stated though, there are guidelines for debt collection agencies and they must adhere to them - specially in the current climate where people are committing suicide over their debt concerns.
If your friend is experiencing SEVERE difficulties, I would suggest he/she takes advice from an Insolvency Practitioner - they will put your friend in the right direction - it sounds like they are paying their dues via an IVA - if this 'glorious five year plan' isnt working - go bankrupt.
Good luck |
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Rosie
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Depending on who ur mate owes the monies to as long as they make a reasonable offer & stick to the agreement the companies should have no cause to harass or threaten..Go to the CAB & get a legal consoltation that wont cost a penny..Best of luck to your mate.. |
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kylie_rm13
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Hi although Im not a debt Counsellor or a solicitor I do work in a County Court, but I don't know whether I can help or not. Although I don't think its illegal, you can contact the Trading Standards and The Office for Fair Trading and complain that the company keep harrasing you, even though you have a repayment plan with them to which the company agreed to.
I would then write to the company which has been harrasing you and point out that you have been paying the debt every week/month and you have never been late and then finsih the letter off by saying that you have contacted trading standards and the office of fair trading regading the appalling treatment you have received from the said company. Also point out that you have copied the letter to trsading standards and office of fair trading.
MAKE SURE YOU TAKE COPIES OF EVERYTING YOU SEND OUT, AND WHEN YOU POST IT PAY OUT AND GET THE RECORDED DELIVERY ONE.
best of luck |
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stopccdebt
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I can route your friend to a free resource that is available in the UK. They offer free credit counselling services and can help with debt collection problems. They provide toll-free telephone counselling or you can visit them for free at one of their many offices throughout the UK.
I am in the US, and I must refer your friend to someone that can best understand how those collection laws work in the UK. Good luck. |
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Studly
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If your friend is in the US I can suggest some things....if not I don't understand their laws.
In the US, if you enter into a new payment arrangement with a debtor, and you have been following those payment plans, then there is little the creditor can to. The legal term is called a "contract volation", where you have entered into new terms, and it will override the current contract.
It would be great if you had something in writing to detail this new plan. But many times, debtors (in their ignorance) will take the creditor at their words and just start sending in their payments. If they try to sue you later for the balance, it is up to you to demonstrate that there was an agreement to change the terms of the contract.
Fortunately, most courts will recognize the fact that if a creditor accepts at lease 3 consecutive payments, it will be considered as a "volation" in the contract. You would need to double check with your local court rules to be sure. But in my state, as long as you are sending in regular, timely payments, you would be safe from a lawsuit.
Be sure to document all payments, and get them in the mail on time. If this joker is using the excuse of late payments, pay a little more for "proof of mailing" slip from the post office. |
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brian d
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Fair Debt Collection Practices Act if you're in america. If you're not then get back to me, i deal with debt collectors professionally as am a debt advisor. I am however not in work so do not have a hand on my paperwork |
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yaff
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If your friend has agreed a figure to pay and has never been late with the payments then the creditor cannot enforce the debt and they are in breach of contract. The harrassment act 1997 clearly states:
1. - (1) A person must not pursue a course of conduct-
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows-
(a) that it was pursued for the purpose of preventing or detecting crime,
(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable.
This is just a clip from the harrassment act, it is best if you read it in full.
Dont let them make your freind believe he is breaking the law they will use point 3 subsection (a) to make him think that harrassment is ok because he is breaking the law. He is not breaking the law It is a criminal offence to harrass, it is not a criminal offence to be in debt. Report them to the Financial Services Authority and the local Trading Standards.
Good Luck |
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edgarl
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The Citizens Advice Bureau are very good indeed in helping people with such problems. Also contact your local Trading Standards Department who enforce the Consumer Credit Act, which covers most consumer lending. They can take action against those who unreasonably harass debtors. |
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Professor
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I am in the UK. It is not illegal to harrass people who owe you money for it is often the only way they will pay up. Unfortunately there is a hardcore of dedicated non payers in the UK and it is their antics that cause trouble for the poor guy who has fallen on hard times. You are allowed to threaten people with violence even but you must not raise a hand in anger or carry out the threat. The answer is to only do and buy things that you can afford and to pay your bills because the person you owe may be very much poorer than you are. |
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