What to do when debt collectors keep calling

Few things are as boring as the seemingly incessant calls from debt collectors. “Yes, I know I have a debt that I will eventually have to pay, but I don’t need someone to harass me and remind me of it every day.” Law?

While many customer service agents or business representatives treat people with courtesy and respect, the situation is often very different with debt collectors. One thing you should know, however, is that no matter how much you owe, the law protects you from harassment through invasive and repeated phone calls from debt collectors.

Read on to find out what you can do when debt collectors keep calling.

How do you treat these people?

The mistake that many people make when dealing with debt collectors is that they think they have to accept the demands that are made or follow all instructions to the letter regarding the payment of the debt. Many people are coerced, intimidated, or even tricked into thinking that the debt collector is in fact trying to help them get their affairs in order. Often times, such cooperation only encourages debt collectors to become even more intrusive and to keep calling repeatedly.

Know that when it comes to debt collectors, the majority have one goal: to get as much money as possible from you. After all, debt collectors usually receive a percentage of the amount they are able to recover from you (this can sometimes be as high as 50% of the amount recovered). The average Briton has £ 2,688 in credit card debt and if a collector is hired to collect it and earn a significant chunk of it, they may be using every method in the book to achieve that goal, including you. harass. through constant phone calls.

Write a cease and desist letter

One of the best things about debt collection regulation is that it allows you to never have to deal with debt collectors over the phone. With what is called a “cease and desist” letter, you can let the debt collection agency know that you only want to deal directly with the creditor and therefore do not want to be contacted by debt collectors. recovery. In the letter, you can also mention to the collector that any further contact will result in legal action on your part. Under current regulatory guidelines, once the collection agency receives this letter, they must immediately stop contacting you.

To make sure the letter is delivered, find the collector’s official mailing address and send the letter there. As long as you have proof of this letter (you can keep a copy), the law will always be on your side.

What’s the downside?

The only downside to the “cease and desist” letter approach is that you have to be consistent in writing these letters. This is because a letter written and delivered to a particular collection agent does not exempt other agents from contacting you. Creditors often use a number of different debt collection agencies and may send you several at different times.

However, as long as you reject every collector sent to you, you will remain responsible. Phone calls should become less and less frequent because at some point collectors will likely feel that you are not worth the risk of legal action against them or even a fine from the Financial Conduct Authority (FCA). They will most likely shift their attention to other debtors.

You have rights

If you are in debt, you have rights that protect you against the unfair and inappropriate actions of collection agencies. Some of these actions, as defined by section 7.9 of the FCA Consumer Credit Source Book, include:

• Contact you at unreasonable times or intervals (phone calls before 8:00 a.m. and after 9:00 p.m. may be considered unreasonable).
• Act in a way that may publicly, willfully, or negligently embarrass you (for example, calling you at your workplace or leaving messages with your employer or friends, leading to the disclosure that you are being sued for it. repayment of your debts)
• Provide you with misleading information (which may include the claim that your property or assets could be foreclosed, claiming excessive or unenforceable charges, misrepresenting the collector’s legal position to the debtor, false allegations of court judgments , etc.).

The law prohibits a debt collector from making demands for money that are intended to cause distress, humiliation and alarm to the debtor because of their frequency or the manner in which they are executed.

The Protection from Harassment Act 1997 in effect criminalizes acts committed by people whom they know or should know will result in the harassment of another individual. Calling you repeatedly outside of reasonable hours or at your place of work may therefore be classified as a criminal offense.

What to do if your rights are violated

If you believe a debt collector’s actions have broken the law or violated FCA guidelines, you can talk to them before taking any further action.

However, you need to gather evidence of actions – this can include a record of all calls made to you, times, and content of the calls. You can then inform the collector that you are aware of the FCA’s debt collection guidelines and believe they have been violated.

Ask the collector to stop their actions and let them know how you would like to be contacted in the future regarding the debt. If the collector disregards your instructions and continues to repeatedly call or harass you, then you can file a complaint through the financial mediator or sue the debt collector in court.

Key to take away

Debt collectors who keep calling are just plain boring. If they call you frequently, at irregular hours, or at your workplace, this may qualify as harassment. By knowing the FCA’s debt collection guidelines, you can take steps to stop unwanted calls from debt collection agencies. You can call them and tell them to stop, write a complaint, or even a “cease and desist” letter where you cut off communication with them altogether.

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