Collecting the Evidence
Before making a complaint, gather all available evidence which is in your position and control, this will assist you to support any claim. This can include:
- recording the number of visits or calls with dates and times. Write down what was said to you each time and who you spoke to
- any and all letters or documents you have received regardless of content.
- witness statements from friends neighbours or relatives who have witnessed the telephone calls.
Complaining to your Creditor
You ought to correspond with your alleged creditor explaining that you are becoming distressed and alarmed by the harassment and tell them to immediately stop. Explain to them how you want to be contacted in future and ask them to confirm this in writing.
You should explain (in the letter) that harassment is a criminal offence and you can and will take further action if your creditor persists and refuses (by action) to stop. Remember to send all letters by recorded delivery or e mail as these have prove of delivery and are dated. Keep copies, so that you have a contemporaneous records of your complaint.
If you need help to write this, get the advice of an experienced adviser.
Complaining to a Professional Body
You should always complain directly to the pursuing creditor first. If this does not solve the problem, complain to the professional body that they belong to or who regulates them. Your debt collector may belong to a trade association or professional body who has adopted “a code of practice” which sets out how they are supposed to behave towards you.
You can also contact the TCA who can help. We may be able to refer your case to Trading Standards and others.
In Northern Ireland, you can contact Consumer line at www.consumerline.org.
Trade Associations
If your complaint is against a bank, building society or credit card company, they may belong to The Lending Code.
The Lending Code identifies and sets out standards that its members are obliged to follow. These include:
- time if you are in financial difficulties to try and sort out your debts before further action is taken
- guidance and support if you have fallen into debt because of mental health problems
- using trustworthy debt collection agencies who also follow The Lending Code if the debt is passed on or sold
- telling you before they pass or sell your debt to a new debt collection agency. This means that you should not be contacted by the new debt collection agency until after your lender has told you that your debt is to be moved.
You ought to complain to the bank, building society or Credit Card Company first, using their own complaints procedure. If this does not resolve your problem with them, you can advance a complaint to the Financial Ombudsman Service, explaining to them that a debt collector or creditor has broken the terms of The Lending Code they have signed up to.
For more information about complaining to the Financial Ombudsman Service, go to the Financial Ombudsman’s website at: www.financial-ombudsman.org.uk.
For in depth information about “The Lending Code” or to establish if your creditor is a member, go to www.lendingstandardsboard.org.uk.
Complaining about a Solicitor acting for a Creditor
If solicitors are harassing you on behalf of a purported creditor, this is certainly professional misconduct. To make a complaint about them, you are required to exploit the firm’s internal complaints procedure first. If this does not resolve your issues, you are at all times permitted to complain to one of their professional associations. To work out which association you should complain to, you first need to check who the solicitor is registered with i.e the SRA (solicitor’s regulation authority or Law Society).www.sra.org.uk.
If the solicitor is registered in Scotland, you can forward a complaint to the Scottish Legal Complaints Commission (SLCC) at www.scottishlegalcomplaints.com.
If they are registered in Northern Ireland, your complaint can be addressed to the Law Society. Go to: www.lawsoc-ni.org.
Complaining to the Financial Conduct Authority (FCA)
The Financial Conduct Authority (FCA) has lots of rules and guidance about debt collection. Although the FCA cannot take up your individual cases, they can refuse or revoke the firm’s authorisation or in certain events, levy a fine against the firm. You may consider reminding the creditor that in breaching the FCA rules could affect their continued TCA authorisation.
More about the FCA rules and guidance on debt collection are contained in the FCA’s Consumer Credit Sourcebook at www.fca.org.uk.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk