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Debt collectors It's important to realise that debt collectors are not the same as baliffs.  Debt collectors cannot take any direct action against you, apart from asking you to pay.   Never make an agreement to pay off a debt with a debt collector, your agreement is with the originating company not a third party. Watch out several of these debt collectors write under several different names.   The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court. If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person". The Office of Fair Trading (OFT) has produced a set of Debt Collection and Debt Management Guidelines which sets out the types of debt collection practices which the OFT considers to be unfair. The guidelines do not apply to routine debt collection but are applicable to all accounts where payments have been missed, or are in arrears. The Guidelines include a section on 'contacting debtors at unreasonable times and intervals'. Whilst the guidance does not spell out the types/times of when contact should occur, it does provide a list of examples which it might consider unfair: repeatedly calling at unsociable hours, calling places of work, or calling on Neighbours and disclosing the reason they are making these enquiries. If you think a creditor has broken the law or has breached these guidelines- you should first raise it with the creditor or collector concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the creditor that you are aware of the Debt Collection Guidelines and believe they are in breach of these as well as possibly been in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the creditor how you would prefer to be contacted. If the situation does not improve you can make a more formal complaint against a creditor. If the creditor continues to harass then you can make a complaint to the local Trading Standards Department or go to your local Citizens Advice Bureau. If the problem does not get resolved you could send your complaint to the Office of Fair Trading - who do not usually take up individual cases but their Debt Collection Enforcement Team collects information from various sources and can use it to remove the creditors Consumer Credit Licence. If the behaviour of the creditor (or any bailiffs or credit collection companies acting on behalf of the creditor) becomes at all violent or extremely threatening the Police should be informed immediately. The Office of Fair Trading is to launch an investigation into the debt collection industry to assess whether or not guidelines issued in 2003 are being adhered to. According to the BBC, the OFT will be investigating any potential breaches of the regulations that forbid debt collectors from extracting money using threatening behaviour or levying unfair charges at consumers. Companies which are found to be in breach of the regulations run the risk of losing their credit licenses. Since 2003 12 licenses have been revoked and 79 companies have been warned. The OFT are aware of some potential breaches and are looking for evidence of "non-compliance" in certain sectors of the industry. Penny Boys from the OFT talked about her hopes for the investigation, stating: "The compliance review will also raise awareness of the guidance amongst those in debt, who are some of the most vulnerable customers. "If they are experiencing unfair treatment, we want to know so that we can tackle that unfair conduct," she continued. In the course of the review, several debt charities and the Credit Services Association (CSA) will be consulted. Scott Soutar from the CSA said: " There are some problems in the industry such as harassment of debtors. "However, I hope this does not end in more regulation... instead I would like to see our code of practice extended to the entire industry," he concluded. Bailiffs and the Human Rights Act The Human Rights Act, which came into force in October 2000, may see bailiffs being used less frequently. Part of the Act protects your right to 'peaceful enjoyment of possessions and respect for your privacy, family life and home'.  In practice, this should mean that courts and public authorities use bailiffs more as a last resort, and should consider using less intrusive and distressing ways of getting you to pay what you owe. These include: Benefit deductions; Attachment of earnings; and Voluntary payment arrangements.  BBC ONE's Whistleblower exposed the criminal world of bailiffs. In a nine-month-long investigation, BBC reporter Jim Wheble went undercover working for two bailiff companies - Drakes and CCS Enforcement Services Limited.He saw first-hand how the public are ripped off, conned and lied to by people who are meant to be official court representatives. Entrusted to collect unpaid parking tickets, court fines and other debts, Whistleblower reveals why some bailiffs describe themselves as "legal thieves" and how they collect millions of pounds a week. The programme shows bailiffs lying about their powers and illegally charging fees for letters they have never sent and visits they have never made, sometimes doubling people's debts. The reporter exposes how some unscrupulous debt collectors cheat members of the public out of hundreds of pounds for a single unpaid parking fine. It also highlights the plight of people who are tricked into paying debts and fines which are not even theirs.   During the investigation he also witnessed bailiffs breaking in. In constant fear for his own safety, Jim filmed bailiffs as they lied about their legal powers, threatened to take people's belongings illegally and clamped cars without authority. During his time undercover one fellow bailiff, and ex-policeman, even took Jim under his wing - teaching him how to break into people's homes.   Jim Wheble comments: "Our investigation reveals how bailiffs are acting outside of the law and fleecing debtors out of millions of pounds. It highlights how this is an issue that could affect us all, as any one of us could get a knock on the door from these people. "The public should ensure they know their legal rights so they are not strong-armed into overpaying or shelling out for debts which aren't theirs."   With the use of bailiffs throughout the UK booming due to the rise in debt levels and an increase in the number of unpaid traffic and parking fines, the need to highlight their criminal behaviour has never been greater. Whistleblower was broadcast on BBC ONE, Tuesday 26 September 2006 at 9.00pm. Our system works no matter if your credit record is perfect or terrible. We can help if you are current on your credit card payments or behind. Please fill out the following form. Then one of our highly trained professionals will call you and explain our program to you with no cost or obligation. Then you can make a well-informed decision to use our services or not. Client Privilege protects all information.. Does This Sound Like You?  Tired of making never ending CREDIT CARD payments.   Feel like your balance never goes down.   Worried that you will never get the debt paid off.   Tired of having no money left over every month.   Feel overwhelmed by the amount of debt you owe.   Getting harassment calls from creditors.   Don't want to file for bankruptcy as a way out. Something Can Be Done About It. Let Us Show You How We Can Help!

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