Debt Collector Threats Complaint

Summary

Debt collectors in Wales must adhere to the Consumer Credit Act 1974 and FCA guidelines, which prohibit misleading or aggressive threats. If a debt collector makes unfounded threats of court action, it may be considered harassment. You can file a complaint with the Financial Ombudsman Service or seek legal advice. The Protection from Harassment Act 1997 may apply if actions are persistent and distressing. For energy-related debts, Ofgem oversees company operations. Consider documenting all communications and requesting debt validation in writing. If necessary, report violations to the FCA or pursue legal action for compensation.

Full Conversation

i called them and told them and had told the original company who passed the "debt" on to them
It's important to have a written record when disputing a debt. Here are some general steps you can take:
- Send a Written Dispute: Write to the debt collector disputing the debt, clearly stating you do not owe it.
- Request Validation: Ask the collector to provide evidence of the debt.
- Cease and Desist: Request that they stop contacting you if they cannot validate the debt.
Would you like guidance on drafting a specific letter?
and then i told them again during the conversation on a live chat
It seems like you've communicated your dispute verbally, but having it in writing can be crucial. Here's a quick guide for drafting your letter:
- State the Dispute: Clearly mention the debt is not yours.
- Request Validation: Ask for documentation proving the debt.
- Cease and Desist: Request they stop contact unless they can validate.
Would you like further assistance with the letter draft?
what happens if i tell them not to contact me because i do not owe the debt and they threatened to take me to court still
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If a debt collector threatens court action despite your dispute, consider these steps:
- Document Everything: Keep records of all communications.
- Written Dispute: Reiterate your dispute in writing.
- Seek Legal Advice: Consider consulting a lawyer if threats persist.
Would you like assistance with drafting a complaint letter?
what law would govern this type of behaviour?
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In Wales, the relevant law for dealing with debt collectors is the Consumer Credit Act * and the Financial Conduct Authority (FCA) guidelines. Debt collectors must adhere to these regulations:
- Debt collectors must not make misleading or aggressive threats.
- You have the right to dispute a debt in writing.
- Collectors must provide evidence of the debt if requested.
- You can request a cease and desist on communication.
If you need more help with drafting a complaint letter or have further questions, let me know!
what happens if debt collectors make misleading threats of court action?
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If debt collectors make misleading threats of court action, they may be in violation of the Consumer Credit Act * and Financial Conduct Authority (FCA) guidelines. Such behavior can be considered harassment, and you may file a complaint with the FCA or consider legal action against the debt collector.
noice thanks, what section of the legislations you mentioned do I reference?
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For your situation, you can refer to the following sections:
- Consumer Credit Act *: Look into sections regarding unfair practices by debt collectors.
- FCA Guidelines: Check the rules about communication and conduct of debt collectors.
Let me know if you need more specific details!
would the protection from harassment act apply in a case like this?
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The Protection from Harassment Act * may apply if the debt collector's actions are persistent and cause distress. However, it primarily addresses harassment in broader terms. Focus on the Consumer Credit Act * and FCA guidelines for debt-related issues. Would you like further assistance with your complaint letter?
what legislation does the making unfounded threats of court action come under?
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In Wales, unfounded threats of court action by debt collectors fall under:
- Consumer Credit Act *: Addresses unfair practices by debt collectors.
- Financial Conduct Authority (FCA) guidelines: Regulates communication and conduct.
- Protection from Harassment Act *: Applicable if actions are persistent and distressing.
Need help with your complaint letter?
who governs a debt collector acting on behalf of an energy company?
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Debt collectors acting on behalf of an energy company in Wales are governed by:
- Financial Conduct Authority (FCA): Regulates debt collection practices.
- Consumer Credit Act *: Addresses unfair practices.
- Office of Gas and Electricity Markets (Ofgem): Oversees energy company operations.
Would you like more information on specific guidelines or help with a complaint letter?
can you quote relevant sections from the FCA please
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For dealing with debt collectors in Wales, the Financial Conduct Authority (FCA) guidelines include:
- CONC *.*: Deals with communication with customers.
- CONC *.*: Prohibits making misleading or aggressive threats.
- CONC *.*: Requires debt collectors to treat customers fairly.
These sections guide how debt collectors should act to avoid unfair practices.
is there anything governing penalties for these actions?
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In Wales, penalties for debt collectors violating regulations can include:
- Enforcement actions by the Financial Conduct Authority (FCA).
- Fines or sanctions under the Consumer Credit Act *.
- Legal repercussions if harassment is proven under the Protection from Harassment Act *.
Consider reporting violations to the FCA if necessary.
do they have to pay compensation to the claimant?
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In Wales, debt collectors may be required to pay compensation if their actions are found to be in violation of regulations and have caused harm or distress to the claimant. Successful claims under the Consumer Credit Act * or the Protection from Harassment Act * might lead to compensation. Seeking legal advice can clarify potential outcomes and strengthen your claim.
can you draft a complaint letter for me based on what we just talked about, referring to the relevant guidelines/ legislation where necessary
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Here's a draft complaint letter for your situation:
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[Your Name]
[Your Address]
[City, Postcode]
[Date]
[Debt Collector's Name]
[Debt Collector's Address]
[City, Postcode]
Subject: Formal Complaint Regarding Unfounded Threats of Court Action
Dear [Debt Collector's Name],
I am writing to formally dispute the debt claim referenced in your communications. I have previously informed both your office and the original company that the alleged debt is not mine and that I do not owe any money.
Despite these clear communications, your company has continued to make threatening court action statements, which I believe are misleading and aggressive as defined under the Consumer Credit Act * and Financial Conduct Authority (FCA) guidelines. Specifically, these actions may contravene:
- Consumer Credit Act *: Provisions against unfair practices.
- FCA Guidelines (CONC *.*, *.*, *.*): Regulations on communication and conduct, prohibiting misleading threats and ensuring fair treatment of customers.
- Protection from Harassment Act *: Applicable where persistent actions cause distress.
I request immediate cessation of all threatening communications. Failure to comply may result in filing a complaint with the FCA and seeking legal action. Furthermore, I request validation of the alleged debt.
Your prompt attention to this matter is expected.
Sincerely,
[Your Name]
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banging thanks, you're a legend
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It sounds like you've got a solid understanding of the situation and the relevant laws. If you need further assistance or legal advice, don't hesitate to reach out. If you have more questions or need specific guidance, feel free to ask!
is there an ombdusman i can contact regarding this as well?
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For issues with debt collectors in Wales, you can contact the Financial Ombudsman Service. They handle complaints about financial services and can mediate disputes. You can also consider reaching out to Ofgem if the issue involves an energy company.
if i complain to the debt collector and they just say no they think their actions were justified, what do i do next?
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If the debt collector insists their actions were justified, consider these steps:
- File a Complaint: Report the issue to the Financial Ombudsman Service, who can mediate disputes.
- Seek Legal Advice: A lawyer can provide guidance on further actions, including potential legal claims for harassment or unfair practices.
Would you like more details on filing a complaint with the Financial Ombudsman Service?
is a breach of the FCA guidelines something the Financial ombudsman deals with?
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The Financial Ombudsman Service can address complaints related to breaches of FCA guidelines if they pertain to unfair treatment or financial services misconduct. They can mediate disputes and provide resolutions. If you need specific advice on filing a complaint, feel free to ask!
are they open today
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The Financial Ombudsman Service typically operates Monday to Friday. If you need to contact them, visiting their website for specific opening hours is recommended. If you need more details about contacting them or filing a complaint, feel free to ask!
can i download this chat?
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Currently, there isn't a direct way to download this chat. However, you can copy and paste the conversation into a document for your records. Let me know if you need any more assistance!