XML FeedsStop debt collection phone calls and visits!
By Value hunter on Feb 7, 2010 | In Money chat, Frugal wars, Frugal victories
Link: http://averagejoegoesbankrupt.blogspot.com/
I was reading Average Joe's blog today and the question was asked about companies who you owe money to ringing you at work, on mobiles, etc.
The solution is quite simple:
Write to the company, politely, inform them that as from the date you write, all correspondance must be IN WRITING ONLY!
Under the Administration of Justice Act 1972 - telephone calls and doorstep visits by any company, who have been instructed in writing to cease them, are illegal.
A legal case is one that is against the law, and as such, should the company continue to call you on the telephone or visit your home, you have a legal case for walking into your local police station and bringing charges against them.
What money companies do not inform you about, is that to trade in their field, they require a consumer credit license, if they are found to be breaking the law, they can be deemed unfit to hold a consumer credit license and as such, be prevented from trading.
This includes debt collection agencies and high street banks and building societies!
Another benefit of only being contacted in writing, is that the companies tend to be careful what they say to you. If it is in wiriting, their advisors cannot flout the law and lead you up the garden path, also they have to keep accurate account notes. I have lost count of how many times that I have contacted a company and then found days later that nothing of what has been said or promised has been put on the customer's records.
Sometimes, I have found that the call has not even been recorded!
Anything in writing can be used before a magistrate in your defence (unless it has "without prejudice" written on the top), so it maybe a long winded process, but it can protect you.
Under the Administration of Justice Act 1972, phone calls and doorstep visits are considered to be "Harrassment of a would be debtor."
Send the company concerned a letter, by recorded delivery and after a week or so, all telephone calls and doorstep visits will stop.
Of course it won't sort out any of your problems, but it will make your life a little less stressful!
Good luck.
2 comments
HiI've experienced the same myself. It's a shame that more people aren't aware that they can reduce their stress by knowing a few facts.
1. Inform creditor in writing that you will continue to communicate only in writing. You may wish to state that "You understand that any written communications may be usable in court, but are concerned that phone calls may be misinterpreted".
2. Contact them regularly. Even if your situation hasn't improved, write to them at least once a month. If things proceed to court, this will stand you in good stead.
3. Don't Lie. Keep all statements in writing truthful and as accurate as possible. Do, however avoid words like "maybe, try etc." One of my clients held of creditors for 12 months by letter. He was building a new income, and TRUTHFULLY advised his creditors that creating his new income would take several months,and that he was restricted to minimum 'token' payments in the meantime. He made no false promises, or offers of payments he knew he couldn't afford.
t took 2 years, but he did turn around his fortunes slowly, and saved his creditors money plus himself a lot of grief. Recommend calling CCCS they are very helpful and confidential - and FREE.
Keep :-)
Have to disagree with number two Ashley.I would only contact the company in writing to advise them of how much my minimal monthly payment will be.
More important, is to stick to those minimal payments every month.
Even if it's only £1 per month, it is still legal tender and a regular payment record is essential, should the debt be brought before a magistrate.
Payments should be the same for ALL creditors, regardless of level of debt.
This of course refers to unsecured debts - which are classed as low priority over your weekly/monthly bills.
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