Debt collectors love using the phone, even when they write to you, their letters will often have very large phone numbers inviting you to call them. DON’T!
Debt collectors should not harass you to make you pay. They’re not allowed to constantly phone you, visit you at home or hassle you in public. They should also keep their attempts to contact you within reasonable hours too.
They have to respect your wishes and requests to be contacted only in writing and not insist in using other means such as phoning or texting. You should inform them in writing that you only wish to be contacted by post.
In Roberts -v- Bank of Scotland the Court of Appeal upheld an award of damages against the Royal Bank of Scotland for harassment. The case was brought as a civil claim under section 1 (1) of the Protection from Harassment Act 1997, which provides:
“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 another”.
According to the Bank’s log, 547 calls or attempted calls were made to the claimant from December 2007 to January 2009. In its defence, the Bank admitted making a large number of phone calls to their customer but denied that these amounted to harassment. The Bank asserted the calls were reasonable attempts to contact its customer and counterclaimed for £10,941.37 outstanding on the customer’s accounts.If you are unhappy with the amount of phone calls you are receiving or if they are calling you at work, you should send the letter below.
Debt collectors often threaten to send an agent to your home and many people find this idea very distressing. Many people are not aware that debt collectors are not bailiffs and they think they can force their way in and seize goods, this is not the case.
There is also the potential embarrassment associated with being visited by a debt collector, particularly if you live with someone who is not aware of your debts, they happen to call when you have guests at home or interact with your neighbours.
If you are concerned about a threatened home visit, you can send the letter below.
When sending you letters, there are certain things creditors should not do: