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Debt Collectors and Harassment

If you fail to pay or are late to pay a debt, then the liklihood is that you will get a call from a debt collector.

The job of the debt collector is to remind people to pay their debt, and to collect it. The collector must follow certain rules and regulations agreed by the Fair Debt Collection Practices act. This act offers protection to debtors from illicit and completely immoral debt collection tactics. However, this law applies only to debt collectors, i.e. people who remind other people that they owe debt to a certain company or person. This rule does not apply to the creditors themselves, i.e. it does not apply to the person to whom you owe the debt. However, if the creditor hires someone to collect their debt, then the act applies.

In general, a debt collector is only allowed to contact the debtor between 8:00 a.m. and 9:00 p.m. They are allowed to contact the debtor at their workplace, unless or until it is clear that the employer does not approve of it. They are to treat the debtor (you) with respect, and are not allowed to practice unfair collection methods. These unfair practices may be threats of violence, imprisonment, and/or seizure of property. They cannot use abusive language, and/or repeatedly call to annoy you. They are not allowed to use false names, or misrepresent the amount you owe.

Debt collectors are allowed to get in touch with your friends, family, colleagues, and other people who know you, to find out information about where you work and where you live. However, they may not make private information public, i.e. they may not discuss your personal information as well as debt information with your neighbors, employers, relatives or any other person they contact. This is a breach of your privacy rights, and should not be tolerated under any circumstances.

If you feel that the debt collector has acted unreasonably, then you should immediately do something about it.

One thing to do is write a letter to the collector, requesting him/her to stop harassment. The emphasis is on writing a letter, so that everything is in black and white, and if needed, can be presented to a court as proof. If you have a legal representative i.e. a solicitorto represent you, then ask the debt collector to contact the solicitor. In such cases, the debt collector has no right to contact you directly. However, the debt collector always has the right to get legal help if you are not paying back the debt.

If you feel that the collector is harassing you, you should report the situation straight away. There are many laws that have been formed through both convention and legislation concerning debt collection. A good lawyer should be able to explain your rights to you in a way you will understand. You may even have the right to sue the collector. If you do sue the debt collector, you must do so within one year from the time the harassment has taken place. If you win the case, then you will recover the compensation for your loss, court’s costs, and your lawyer’s fees. Therefore, contact the right authorities immediately.

If you are worried about a debt collecotr or a particular debt contact a professional debt collecting agency for immediate free help.

For personal advice on your debt position, please call 0845 2267 153 or use anyone of the many contact options available through this web site, Finance Inc are happy to offer you free advice in circumstances were you find yourself in debt and in many cases can offer you the correct debt management solution for you situation.

For a complete debt management solution, visit www.finance-inc.co.uk

For IVA (Individual Voluntary Arrangement) visit www.1va.co.uk