Typical Harassment Perpetrated by Creditor
If the creditor attempts to carry out any of the following actions or inaction with a view of getting money of you this could be considered harassment. If they are persistent and you have told them to stop “as it is upsetting you” them it will be harassment.
- contacting you several times a day, or early in the morning or late at night
- putting pressure on you to sell your home or take out more credit
- using more than one debt collector at a time to chase you for payment
- not telling you if the debt has been passed on to a debt collection agency
- using paperwork or business logos that appear to be official when they’re not, for example sending you letters that look like court forms
- putting pressure on you to pay all the money off, or in larger instalments when you can’t afford to
- threatening you physically or verbally
- ignoring you if you say you don’t owe the money
- telling someone else about your debts or using another person to pass on messages, such as a neighbour or family member
- falsely claiming to work for the court or be a bailiff
- implying that legal action can be taken when it can’t. For example, implying that your home can be taken from you without a court order
- giving the impression that court action has been taken against you when it hasn’t
- giving the impression that not paying the debt is a criminal offence. For most debts, it is not a criminal offence if you don’t pay them.
The list could be endless as the perpetrators of harassment reengineer tac-tic so as to remain effective. If they remain effective they will gain more and more instructions from their client.
What is not classed as Harassment by a Creditor?
If a debt is owed them of course the creditor is permitted to engage with the debtor with a view of getting paid. In reality if that was not allowed to happen the courts would be choked up and business would crash therefore not all action that a creditor takes can be classed as harassment. Creditors are permitted to take reasonable and conscionable steps to get back the money you owe them. These include:
- sending reminders and demands for payment
- telephoning you to ask for payment
- calling at your home, as long as this is at a reasonable time of the day
- taking court action
Harassment tends to commence if the alleged creditor has responded to the debt collector setting out the dispute and defended the responsibility and liabilities the creditors purports is due and owing.
If that is done then and the creditors choose to ignore your response and continues with the any of the above then harassment has commence. If a timeshare consumer re engages the collector and points out that they have failed to fully address your response and concerns and this again is ignored Harassment is being engineered and should attract legal action from you.
Who is Harassing you?
If you are the subject of harassment by a creditor it’s important to know who is asking for payment. They may not be the people you originally owed money to. This is because your original creditor may be permitted under the contract to pass the debt onto someone else to collect. If your original resort creditor does this, they can no longer pursue you for money. If your creditor decides to pass the debt on, they must tell you in writing before they do it.
Your debt may be collected by:
- your original creditor
- a debt collection agency acting on behalf of your creditor
- a third party who has acquired the purported debt from your creditor
- bailiffs.
What can you do about Harassment by an Alleged Creditor
Your first step is to find out who is actually collecting the purported debt. When established you then need to take the following steps:
- collect and establish evidence of the harassment by the creditor
- complain to the creditor in writing
- complain to the professional body who regulates them.
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