Harassment

If you owe money to your creditor, they may keep reminding you, and try to put pressure on you. However, there are regulations as to the manner in which they contact you regarding commercial debt collection and consumer debt collection.

It is a criminal offence to harass a debtor and their family by threatening, or committing, acts of publicity, violence or criminal proceedings. It is also an offence to obtain money or goods by deception, for example, by pretending to have official documents that have no legal validity. It is also an offence to distress or humiliate a debtor.

If your creditor harasses you or threatens you in any way, they may be committing a criminal offence.

Lenders may NOT:

• Let anybody else know of your debt problem either by accident or deliberately. This means talking loudly in order to be overheard, leaving messages on answer machines, faxing you, parking a marked 'Debt Collector' vehicle outside your home or by pushing demands through the wrong door, such as your next-door neighbours.
• Phone you after 9pm.
• Contact your employer about your debt (although they may contact you at work or on your mobile phone).
• Harass you by making repeated phone calls at your place of work.
• Lead you to think you may be prosecuted in a criminal court for your debt.

If a creditor does any of the above, contact the Citizens Advice Bureau or your local Council's Trading Standards Department. There are severe fines imposed upon debt collectors and creditors, sometimes even prison sentences.

It may also be useful to read these tips:

• Some creditors may try to falsely claim that they are bailiffs or officers of the court.
• You may not be prosecuted in a criminal court because of your debts (some lenders may lead you to believe that you can be).
• Always ask for ID - if you think that your creditor is acting illegitimately, contact your local trading standards office

If someone threatens or harasses you, however minor it may seem, complain in writing to the Police and send a copy to your creditor. If it gets any worse, ask the Police to take action. Almost all cases of this nature result in a conviction. You could always offer to drop the charges in return for the debt being cleared ...