The Administration of Justice Act 1970 and Protection from Harassment Act provides rules that debt collectors must follow when attempting to collect a debt. Even if you have no actual injuries resulting from a debt collector’s abusive conduct, the Administration of Justice Act and Protection from Harassment Act allows you to recover up to £1000 in damages if those rules are breached. Depending on the situation, you may also be able to obtain compensation for actual injuries.
A debt collector cannot legally contact you once you have advised them that you have retained a debt collection solicitor or lawyer.
If you have experienced abusive behaviour by a debt collector or faced debt collection harassment, consult with debt collection lawyers at RAW Chambers. Our AJA lawyers have successfully sued dozens of collection agencies to stop debt collection abuse and have obtained monetary damages for many clients.
Schedule a FREE consultation with a debt collection defence lawyer right away. Contact us online or by phone at: 0161 554 0256.
Who Is a Debt Collector?
A debt collector is somebody who is in the business of trying to collect a debt for another party or somebody whose principal business is collecting a delinquent debt.
How Debt Collection Works
Unless you pay the debt, a debt collector is required to send you a written notice of your rights within five days of their first contact.
Debt collectors cannot contact you if you ask them in writing or inform them that you refuse to pay. If you really do owe the debt and have no defence, asking them to stop contacting you might result in them filing a legal claim to collect the debt. They may also report the debt to the credit bureaus if they had not already done so.
You have the right to ask the debt collector for more information about a particular debt. Our debt collection lawyer suggests that you send a certified letter or email so that you have proof of receipt.
Harassing or Misleading Conduct by Debt Collectors
Our debt collection defence lawyers can assist you with misleading or harassment committed by debt collection agencies. There are many laws regarding what debt collectors cannot do when they contact you to seek debt collections.
Debt collectors cannot:
- Make false, deceptive or misleading statements
- Contact you without identifying the company calling
- Place repetitive and harassing phone calls
- Threaten you with violence or harm to your person, reputation or property
- Tell or threaten to tell other people (your employer, neighbours, credit references or friends) that you owe a debt
- Use foul or abusive language or call you names
- Accept a postdated check and cash it prior to its date
Far too often, debt collectors use deceitful practices to intimidate and trick borrowers. It is not uncommon to see debt collectors take advantage of people through misrepresentation, lies and even threats.
Common misrepresentations made by debt collectors include:
- Inflating the amount of the debt
- Stating that you must make immediate payment to avoid being sued
- Using false names or pretending to be an solicitor, police officer, investigator, or similar official
- Threatening you with false claims of arrest, imprisonment, or prosecution for a crime
- Misrepresentations or failure to provide you with information about your rights
- Attempting to collect old debts that are no longer legally enforceable through misleading collection letters and settlement offers
If you are the victim of debt collection abuse, be sure to save copies of all letters to and from the debt collector. Take notes about each incident, including the date, time, and name of the collector. If they have not identified themselves, write down their phone number. You should also save any abusive messages left on your answering machine or voicemail (Illinois does not permit you to tape calls unless you inform the other party.) Our debt collection lawyers can help you navigate documentation when you are facing abuse from debt collectors.
Act fast to connect with an experienced debt lawyer. Dial 0161-554 0256 or use our online form to begin right away.
There is a Time and Place for Collection Calls
A debt collector cannot contact you at inconvenient times or inconvenient places. The law presumes that calls between 8 a.m. and 9 p.m. local time are convenient. You will need to inform them if you want them to call at other times or communicate only in writing.
Debt collectors cannot contact you at work if they know that your employer does not permit it. If you are not allowed to take calls at work, or if you do not want them to contact you at work, tell them not to call you at your work number.
A debt collector is also not allowed to make robocalls to a cell phone unless you have provided the number to the collector or creditor and must stop calling your cell phone if you ask them to stop making the calls.
Statute of Limitation for Debts
Creditors can go after individuals for a certain period. The most common time limits include:
- Mortgage Shortfall : 14 years
- Written Contracts: 5 years
- Money judgments: 6 years
Consumers may still be sued by creditors after 5 years; nonetheless, consumers have the legal right to request the Judge dissolve the suit established by the Statute of Limitations. Our experienced debt lawyer has experience handling scavenger creditor and helping clients defend against debt collection legal claims.
Know Your Rights
You have rights when it comes to dealing with debt collection agencies and employees. Under the Administration of Justice Act and the Protection from Harassment Act you are protected from abuse, harassment, and unfair debt collection practices.
Under the act, debt collectors are in breach if they:
- Call you before 8 A.M. or after 9 P.M.
- Contact you during your work hours if you have told them that your employer does not permit you to receive such calls in your workplace
- Contact a third party about you for any reason other than contact information
- Harass/abuse you or anyone close to you regarding your debt
- Be dishonest about the amount you owe
- Lie about being enforcement officers
- Claim to arrest you
- Threaten to seize or sell your property or wages unless they are allowed to by law
- Give false credit information about you
- Using a fake company
If any of the above has happened to you, do not hesitate to contact Raw Chambers. Our debt collection defence lawyers are here to make sure you get the representation you deserve. Call us today for a consultation.
For dedicated legal assistance, connect with our qualified debt lawyer from Raw Chambers. Call 0161-554 0256 or use our online form to arrange your free consultation right away.
Should I Hire A Lawyer For Debt Settlement?
Hiring a lawyer for debt settlement can be a strategic move to protect your interests and achieve the best possible outcome. A debt lawyer has the expertise to negotiate with creditors, potentially reducing the total amount owed and arranging manageable repayment terms. Unlike doing it yourself, a skilled lawyer for debt recovery understands the legal nuances of these negotiations and can help stop aggressive collection practices.
Attorneys for debt collection can also take over communication with creditors, allowing you to avoid stressful interactions. If you’re facing legal action by creditors, a debt collector lawyer can represent you in court, ensuring your rights are upheld and exploring options to protect your assets.
Working with legal professionals ensures you’re taking the right steps toward financial stability. Contact RAW Chambers to explore your options and regain control of your financial future.
Protect Your Rights Against Debt Collector Abuse
Dealing with debt collectors can be overwhelming and stressful, especially when they engage in harassing or misleading conduct. Our debt collection defence lawyers are dedicated to protecting your rights and ensuring that debt collectors abide by the law.
When you work with us, we will:
- Review and analyse your case to determine if any breach of the AJA, PFH CCSA and CONC have occurred
- Advise you on your rights and options for dealing with debt collectors
- Take legal action against any debt collector who has engaged in abusive or deceptive practices
- Provide guidance on how to handle collection calls and correspondence
Contact a Debt Collection Defence Lawyer Now
Above all, be sure to consult with a debt collection defence lawyer who can help protect your rights and end debt collector abuse against you. At RAW Chambers, we have provided clients with the resources and representation they need to stop the abuse and find peace of mind.
Our debt collection lawyer reviews collection letters and other communications from debt collectors without charge.