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The worst thing about dealing with debt is dealing with harassment from your creditors, especially if the debt was due to circumstances way beyond anything you could have controlled. However, you are protected under the law from being harassed under the Administration of Justice Act 1970. The problem many people have, however, is knowing when they are being treated fairly by their creditors and when their creditors have crossed that line into the realm of harassment. There are actually a couple of law sections that deal with this matter. Let's take a look here at how harassment is outlined according to the laws in the United Kingdom.
Section 40 of the Administration of Justice Act 1970 is where harassment of debtors is covered. According to the section, a company can receive punishment of the unlawful harassment of debtors if they:
- Excessively contact the debtor in any way that causes stress to the debtor and his or her family
- Falsely threatens the debtor with criminal proceedings for not paying the debt
- Say they are authorised to claim or enforcement and they are not
- Presents a document to the debtor posing as an official from the lender of the debt when they are not.
In addition to the above, the Office of Fair Trading Debt Collection has released a guidance pamphlet for creditors that outline what is perceived to be legitimate communication all the way up to what is considered illegal harassment. If the attempt by the creditor is deemed a reasonable attempt to collect the debt, then the debtor can't claim harassment.
So what should you do if you feel you are being dealt with unfairly by your creditor and harassed? Here are a few easy steps to take:
1. Contact your creditor via letter and tell them that you are concerned about the behavior of their company under Section 40 of the Administration of Justice Act and tell them how you would prefer to be contacted. Let them know that you feel as if you are being harassed and ask them to avoid doing it in the future. Make sure they confirm their agreement with your request.
2. Alert your creditors that are also aware of the guidelines about harassment that is outlined in the OFT Debt Collection Guidance pamphlet and that you are considering registering a formal complaint about the company if the harassment does not stop.
3. Keep a detailed log of all calls, letters, or visits with the creditor and that you have names if needed, and if at all possible have someone confirm for you what happened during these instances.
4. If you have proof of fraud or blackmail, or if your creditor should cause violent harm to you or your family, you can ask the police to prosecute the company.
If you feel that a formal complaint is necessary, you need to contact Consumer Direct. They will guide you to the right trading standards department personnel in your local council to help you with the formal complaint and any legal prosecution if an offence actually has been committed.
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